1

LT Environmental’s Petition for Exemption

For Purposes of Operating Small Unmanned Aircraft System

FAA Rules Docket: ____________

Name and Address of Petitioner

LT Environmental, Inc.

4600 West 60th Avenue

Arvada, CO 80003

Prepared by

Leptron Unmanned Aircraft Systems, Inc. 

2650 East 40th Avenue 

Denver, CO 80205

(303) 384-3469
2

A. Summary

LT Environmental, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 

61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b). This exemption will permit LT Environmental, Inc.

to operate an unmanned aircraft system while keeping the documents required by the regulations 

immediately accessible to the pilot in command. Furthermore, the exemption will relieve LT 

Environmental, Inc. from the airworthiness certificate standards and the requirement to have a 

certificate of airworthiness issued for its Unmanned Aircraft System (UAS). This exemption 

will also permit any required markings concerning the operational status of the UAS to be 

displayed on fuselage of the unmanned aircraft.

B. Introduction

LT Environmental, Inc. (hereinafter referred to as “LTE”) has recently acquired a Leptron 

RDASS Unmanned Aircraft System (hereinafter referred to as the “Leptron RDASS”). As set

forth in this Petition, LTE seeks to operate its Leptron RDASS for the special purpose of aerial

data collection while seeking the highest standards of operations and safety.

Pursuant to 14 C.F.R. § 11.81 (Petition for Exemptions.), LTE provides the following

information in support of its petition:

C. Background

1. LEPTRON RDASS

LTE seeks an exemption to operate a Leptron RDASS for compensation or hire within the

national airspace system (“NAS”)1. The Leptron RDASS is comprised of an airborne unmanned

 

1

LTE has reserved registration number N103LP, and will submit an Aircraft Registration

Application upon the grant of the exemptions sought by this petition.
3

aircraft and is optionally equipped with a transportable ground control station. The Leptron 

RDASS has a maximum gross weight of approximately 7 pounds, while having a wingspan of 

22 inches and a length of 15 inches (rotor shaft –to rotor shaft). The Leptron RDASS unmanned

aircraft is equipped with four (4) rotors connected to four (4) electric motors driven by a Lithium

Polymer battery.

Figure 1 depicts the Leptron RDASS with registration number displayed in

accordance with 14 C.F.R. Part 45.

2. Proven Operational History of the Leptron RDASS in the NAS. 

The Leptron RDASS is currently operating safely within the NAS pursuant to 

approximately three (3) Certificates of Authorization (“COA”) granted by the Federal Aviation

Administration (“FAA”) to the City of Austin Fire Department, Homeland Surveillance, and 

Leptron Industrial Robotic Helicopters, Inc.

D. Basis for Petition

N103LP
4

LTE, pursuant to Federal Aviation Regulations (FAR) (14 C.F.R. § 11.61)2and the FAA 

Modernization and Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain

Unmanned Aircraft Systems (“Section 333”), hereby respectfully petitions the Administrator for 

an exemption from the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 

91.119(c), 91.121(a)(1)(iii), 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) 

and (b).

1. Section 333 

Congress identifies Section 333 as a pathway for “expedited operational authorization” of 

certain unmanned aircraft systems (“UAS”) in the national airspace system (NAS). Section 

332(b)(1) (“expedited operational authorization.”).

3

 Under Section 333 Congress mandates that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of this 

Act or the guidance required by section 334 of this Act” (Section 333(a)) upon consideration of 

its “size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight.” Section 333(b)(1). If the FAA makes such a determination, 

the FAA “shall [also] establish requirements for the safe operation.” Section 333(c). The FAA 

further may find that the UAS does not require “airworthiness certification under section 44704 of 

title 49, United States Code.” Section 333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

 

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief 

from current regulations in 14 C.F.R.”)

3

See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain 

aircraft systems in the NAS.”).
5

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of 

exemptions from safety regulations and minimum standards under section 44701(a) and (b) and 

sections 44702-44716).4

For the reasons addressed herein, this Petition qualifies for expedited approval of 

LTE’s request for exemption under both Sections 333 and 44701.

E. The Leptron RDASS UAS Meets the Statutory Criteria for Exemption under 

Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within visual line of sight (“VLOS”) of the Pilot In 

Command (“PIC”) with the assistance of a visual safety observer (“VO”) and not in the proximity 

of airports or populated areas, the Leptron RDASS UAS is the very sort of UAS that qualifies 

for expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size

The Leptron RDASS measures approximately 22 inches in rotor span and 15 inches in 

length (from prop shaft to prop shaft).

b. Weight

The Leptron RDASS has a maximum gross weight of 7 lbs.

c. Speed

The Leptron RDASS has a maximum autopilot limited speed of approximately 15

meters per second (m/s) (29 knots). However, LTE typically operates the aircraft at below 10 

 

4

See e.g. 49 USC §44711(a) ((1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations 

in violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R.

§91.203 (a)(1) (carry airworthiness certificate)).
6

m/s (19 knots).

d. Operational Capability

The Leptron RDASS was specially designed for high or low altitude surveillance, 

photography, and sensor management. Supported by electric batteries that are rechargeable, the 

Leptron RDASS can fly from 15 – 30 minutes (depending upon atmospheric conditions) and 

carry a variety of cameras or sensors. Other Operational metrics of the Leptron RDASS are as 

follows:

Unmanned Aircraft System

Make: LEPTRON

Model: RDASS

The Leptron RDASS is an UAS that is comprised of an unmanned

aircraft and is optionally equipped with a transportable ground 

control station.

Serial No.

UA Dimensions

Rotor Diameter: 22 in. 

Length: 381 mm – 15 inches (rotor shaft to rotor shaft)

Engine (Propulsive Unit)

Engine (Propulsive Unit)

The aircraft uses four (4) electric motors

Electric-powered propulsion systems.

a. Type of Motor –four (4) electric motors (P/N 17606417 )

b. Max Load: = 10 Amps

Rotor and Rotor Limits

FAA Rotor Type Certificate: None

Rotor Type: four (4) x 1-blade, non-hinged, reinforced plasticABS and Glass, fixed pitch, tractor

Diameter (Nominal): (4) individual blades x 11 in.

Battery Command & Control 22 Volt Lithium Polymer Battery (P/N 17600541) powers the

motor, and battery command and control.

Airspeed Limits

Vne (Never Exceed Speed) 29 knots (15 m/s) 

Landing Speed: VTOL – Vertical 300 feet per minute (ft/min) 

(1.5 m/s)

Empty Weight C.G. Range 1 inches fore or aft of datum

Datum Center of main air frame
7

Maximum Weight 7 lbs.

Empty Weight

3.3 lbs. (1.5 Kg )

NOTE: Empty Weight excludes weight of battery and payload 

modules.

Frequencies

2.4 GHz (ISM Band) and 5.8 GHz

NOTE: FCC license is not required to utilize the above 

frequencies; uplink and downlink are on the 900Mhz band. If 

video is utilized, uplink, downlink, and video are all on 2.4 GHz.

Computer Software Avionics embedded processor – DJI A2 Autopilot, Compass, and 

GPS 

Max. Operating Altitude 1,000 ft. AGL (304 M)

Control Surface Movements

Four (4) Fixed pitch rotor blades. Variable speed motors and 

speed controllers

Nominal Endurance

30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air Temp

Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0 °F 

Wind Limitation 10 m/s (20 knots)

Maintenance

This Leptron RDASS must be maintained in accordance with the 

Leptron Inspection and Maintenance Manual, or later FAA 

accepted revision.

e. Proximity of Airports/Populated Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

Class G airspace, which is defined as earth surface up to 1,200 feet above ground level and earth 

surface to the base of controlled airspace (Class B, C, D, and E), and not in the proximity of 

airports or populated areas. The Leptron RDASS will not be operated within 5 nautical miles of 

the geographic center of a non-towered airport unless a letter of agreement with that airport’s 

management is obtained, such letter to be made available to the Administrator upon request, and 

the operation is conducted in accordance with a NOTAM as required by the operator’s COA. 

Operations will avoid congested or densely populated areas and comply with 14 C.F.R. 91.119.

f. Visual Line-of-Sight
8

The Leptron RDASS will at all times be flown by LTE only in the daytime (not at night) 

under VMC within VLOS of the PIC (typically within a range less than 500 feet) with the further 

assistance of a VO with whom the PIC will have the ability for direct and continuous verbal 

communications5so as to ensure that the flight operations remain within the PIC’s VLOS and 

prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus, 

pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed 

operations provide an approved method of control and collision avoidance to satisfy the “see and 

avoid” requirement of 14 C.F.R. § 91.113:

While considerable work is ongoing to develop a certifiable “detect, sense, and avoid” 

system, no current solution exists. Compliance with the “see and avoid” aspect of 14 

C.F.R. 91.113, Right-of-Way Rules: Except Water Operations, becomes one of the 

primary issues in UAS operational approvals. As a result, alternate methods of 

compliance are required to accomplish the “see and avoid” function. See and avoid risk 

mitigation strategies are normally based on the use of visual observers or other methods 

of segregation.

Interim Operational Approval Guidance 08-01, Unmanned Aircraft Systems Operations in the 

U.S. National Airspace System (March 13, 2008) at 8. Only qualified and current PIC’s and 

VOs, as provided in the flight operations documents (FOD) (as defined below), will be used.

2. Other Factors

a. Leptron RDASS Safety Systems 

The Leptron RDASS UAS is replete with mechanisms to ensure safe operations and 

protect persons and property on the ground. In addition to having experienced operator/PIC and 

VO, the Leptron RDASS UAS has a variety of inherent safety systems, including: 

 Redundant Communications: The RDASS can have (2) simultaneous 

communication links that allow for backup and safe operations. This 

 

5 VO will at all times be in proximity of PIC so as to allow verbal communications. In addition, 

the PIC and VO will maintain direct communications through cell or push-to-talk 

communications capability throughout the duration of flight.
9

includes a wireless hand held radio and ground control station link. Both 

links must be terminated to execute a ‘Lost Link’ return home logic

 Flight Plan Altitude Settings: The RDASS has the ability for the 

operators to set a Maximum Flight Altitude and Radius for safe 

operations. 

 Flight Logic: The RDASS has the ability for the operators to set return 

home logic including: Exceeding a pre-set flight timer, Loss of GPS, 

Loss of Communications, Maximum Flight Altitude, and Low Voltage. 

 Ground Control Station Warnings: The RDASS ground control station 

(GCS) has many visual operator cues for error conditions such as low 

battery and many other real time conditions. 

b. Flight Operations Documents 

To ensure consistent safety operations, LTE has developed a comprehensive and detailed 

set of flight operations documents (FOD) for the Leptron RDASS UAS based on LTE’s extensive 

use and experience, procedures and notices provided by the UAS manufacturer, and guidance the 

FAA has provided to obtain exemption under Section 333. The FOD is comprised of the LTE

Standard Operating Procedures and the Leptron RDASS Aircraft Flight Manual. The Aircraft 

Flight Manual includes: a Flight Checklist, Performance and Limits, and Inspection and 

Maintenance Procedures. See Exhibit A (submitted on a confidential basis).

In seeking this exemption, LTE proposes to operate the Leptron RDASS pursuant to the

following specific operating limitations, as also addressed in the FOD:

1. The UA will not be flown at an indicated airspeed exceeding 87 knots. In no case will 

the UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. 
10

2. The UA will be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude will be reported in feet AGL.

3. The UA will be operated within visual line of sight (VLOS) of the pilot in command (PIC) 

at all times (unaided by a device other than corrective lenses).

4. All operations will use a visual observer (VO). The UA will be operated within the 

VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC will 

be able to communicate verbally at all times (electronic messaging or texting will not be 

used during flight operations). The PIC will be designated before the flight and will not 

transfer his or her designation for the duration of the flight. The PIC will ensure that the 

VO can perform the duties required of the VO. 

5. UAS operations will not be conducted at night, as defined in 14 CFR § 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) will not be performed.

6. The PIC shall not begin a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended operation 

and to operate after that for at least five (5) minutes or with the reserve power 

recommended by the manufacturer if greater.

7. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe flight. 

8. Prior to each flight the PIC will conduct a pre-flight inspection and determine the UAS is 

in a condition for safe flight. The pre-flight inspection will account for all potential 

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals 

a condition that affects the safe operation of the UAS, the UA will not be operated until 
11

the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. 

9. The UA will be marked with an identification (N-Number) in accordance with 14 C.F.R.

§ 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and 

identified by a serial number registered in accordance with 14 C.F.R. Part 47.

10. The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

11. The UA shall at all times remain clear and yield the right of way to all other manned 

operations and activities.

12. Any time the UA is operating, documents used by the operator to ensure the safe 

operation and flight of the UAS and any documents required under 14 C.F.R. § 91.9 and 

§ 91.203 will be available to the PIC at the ground control station (GCS). Such 

documents will be made available to the Administrator or any law enforcement official 

upon request. 

13. The UAS shall not be operated by the PIC from any moving vehicle or device. 

14. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. Permission 

from property owner/controller or authorized representative will be obtained for each 

flight to be conducted. 

15. All flight operations will be conducted at least 500 feet from all nonparticipating person, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator will 

ensure that nonparticipating persons remain under such protection. If a situation 
12

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations will be immediately terminated in a manner 

ensuring the safety of nonparticipating person; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present 

an undue hazard.

The PIC, VO, operator trainees or essential person are not considered nonparticipating 

persons.

16. Any UAS that has undergone maintenance or alternations that affect its operation or 

flight characteristics, e.g., replacement of a flight critical component, will undergo a 

functional test flight prior to conducting further operations. Functional test flights will 

only be conducted by a PIC with a VO and must remain at least 500 feet from other 

people. The functional test flight will be conducted in such a manner so as to not pose an 

undue hazard to persons or property. 

17. Upon loss of communication or GPS signal, the UA shall return to the point of take-off, 

descend, and land.

18. The PIC is required to abort the flight in the event of unprecedented obstacles or 

emergencies.

19. The PIC will possess either an airline transport, commercial, private, recreational, or 

sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or 

a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC will also meet the flight 

review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated 
13

on his or her pilot certificate.

20. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under 

the requested exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles, and structures. PIC qualification 

flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs will only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 

the PIC will operate the UA with appropriate distance from nonparticipants in accordance 

with 14 CFR § 91.119. 

21. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

22. The UAS will comply with all manufacturer safety bulletins.

23. All operations will be conducted in accordance with an ATO-issued Certificate of Waiver 

or Authorization (COA). Operator shall follow the conditions and limitations for the 

FAA’s “blanket” Certificate of Waiver or Authorization (COA) for flights at or below 

200 feet AGL. https://www.faa.gov/news/updates/?newsId=82245. For operations 

outside the blanket parameters, operator will obtain a separate COA specific to the 

proposed operation. 

24. The UA will not be operated within he following distances from the airport reference 

point (ARP) of a public use airport, heliport, gliderport, seaplane base and military 

airports listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart 

Supplement of the U.S. Government Flight Information Publications unless a letter of 
14

agreement with that airport’s management is obtained or otherwise permitted by a COA 

issued to the exemption holder. The letter of agreement with the airport management 

will be made available to the Administrator or any law enforcement official upon request.

a. 5 nautical miles (NM) from an airport having an operational control tower; or 

b. 3 NM from an airport having a published instrument flight procedure, but not 

having an operational control tower; or 

c. 2 NM from an airport not having a published instrument flight procedure or an 

operational control tower; or 

d. 2 NM from a heliport, gliderport or seaplane base 

25. Any incident, accident or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA’s UAS Integration Office within 24 hours. Accidents will also be reported to 

the National Transportation Safety Board (NTSB). Further flight operations shall not be 

conducted until the incident, accident or transgression is reviewed by UAS Integration 

Office and authorization to resume operations is provided.

26. The UAS shall be operated pursuant to the FOD, such materials to be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy 

exists between the FOD and the conditions and limitations directed by the Administrator 

in granting the exemption, the conditions and limitation in the exemption take precedence 

and will be followed.

27. The UAS shall be maintained in accordance with the FOD including the Leptron 

Inspection and Maintenance Manual, including any amendments or updates thereto. All 

amendments or updates shall be tracked and a record of such amendments or updates 

shall be maintained and made available to the Administrator upon request.
15

28. Record of the UAS maintenance, preventive maintenance, alternations, status of 

replacement/overhaul component parts, and the total time in service of the UAS shall be 

documented and maintained in accordance with the FOD.

c. Privacy 

LTE will comply with all federal, state, and/or local privacy regulations that may apply in 

the areas in which LTE will operate the UAS pursuant to this Petition. Further, LTE’s policy, 

as outlined in the FOD, is to avoid any operations that might invade personal privacy. 

d. Physical Security

In order to ensure its safe and proper use, LTE will be the only operator of the UAS and 

the UAS will at all times remain in LTE’s custody.

3. LTE’s History of Safe Operations Flying the Leptron RDASS UAS

LTE will complete 35 hours of flight training on the Leptron RDASS from the 

manufacturer covering operations, flight deconfliction and safety procedures by an FAA 

certified flight instructor.

4. Lack of Threat to the NAS, Public, or National Security 

Those reasons addressed, including meeting Section 333(b)(1) criteria, LTE’s 

commitment to safety, operations pursuant to the FOD, and the other factors discussed, 

demonstrate that the Leptron RDASS UAS will be operated safely in the NAS without creating a

hazard to other aircraft or persons or property on the ground or pose a threat to national security. 

For all of these reasons, LTE’s proposed operations using the Leptron RDASS qualify for 

expedited approval of the sought exemption pursuant to Section 333 for the specified uses and 

under the proposed operating requirements and restrictions.

F. LTE’s Operations Pursuant to This Petition Qualify for Exemption under Section 

44701. 
16

Granting LTE’s request for exemption would benefit the public and have no adverse 

effect on safety. Accordingly, LTE’s operations pursuant to this Petition also qualify for an 

exemption from the FAA’s related safety regulations under Section 44701.

1. Public Interest Benefits

The public would greatly benefit from granting LTE’s petition for exemption so it can 

use the Leptron RDASS. The Leptron RDASS is a battery powered UAS that serves as a safe,

efficient, and economical alternative to manned aircraft traditionally use for aerial data collection. 

No pilot or crew need be airborne, thereby providing for superior safety to persons and property 

in the air and on the ground than that provided by manned aircraft performing the same 

operations. Granting the exemption would also reduce the number of manned aircraft in the 

NAS and, as a result, reduce the environmental impact of such operations, as well as provide for 

better aerial imaging and production and, as a result, a more robust economy. Using the Leptron 

RDASS also provides the benefit of greater operational flexibility and reduced cost when compared

to manned aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property on Ground

Because the Leptron RDASS is unmanned, the proposed operations eliminates the risk to 

pilot and crew associated with flying such aerial data collection missions at low altitude, in confined 

airspace. Further, given its small size and weight and low airspeed, using the Leptron RDASS also 

reduces the risk of damage or injury to persons or property on the ground, and in the air, were there 

to be a mishap. 

(b) Reduced Environmental Impact

Using the Leptron RDASS UAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial data 

collection operations. Because it is battery powered (using rechargeable batteries) and uses
17

electric motors, the Leptron RDASS UAS consumes no fuel and generates no air pollution, and 

creates very little noise. As a result, the public is benefited as a result of reduced environmental 

impact, reduced operator and other human exposure, and greater fuel conservation, which

serves additionally to support our government’s specific efforts to reduce the U.S.’s carbon 

footprint.6

(c) Fewer Manned Aircraft in NAS and Reduced Need for ATC Handling

The Leptron RDASS also does not require a runway or helipad to takeoff or land and will 

not be operated within the proximity of any airports. As such, fewer aircraft will need to be

handled by air traffic control during ground, takeoff, departure, arrival, and landing phases. 

Operations pursuant to this Petition (unmanned, VLOS, below 400’ AGL, and not within 

proximity to airports) will further reduce the number of manned aircraft flying or transiting at or 

above 500’ AGL to and from the areas of data collection operations as well as congestion around

airports due to aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Leptron RDASS than 

can be obtained using manned aircraft or other ground-based methods. Due to its small size and 

superior flight performance characteristics, the Leptron RDASS allows for images to be taken from 

certain locations and angles and with better precision than using manned aircraft. As a result, less 

time is needed in the air to obtain the desired footage, which in addition to providing the benefit of 

fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air 

and on the ground, reduced noise, etc., allows for the production of surveys, which benefits 

consumers. This additionally ensures that companies such as LTE and its customers remain 

 

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
18

competitive and profitable, thereby providing their employees greater job stability, which 

ultimately contributes further to the U.S. economy through increased consumer spending. 

(e) Increased Operational Flexibility and Reduced Cost

Using the Leptron RDASS also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, LTE can 

operate the Leptron RDASS, which it has purchased and outfitted at lower combined cost, 

innumerable times and at the convenience of LTE’s and its customers’ schedules.

2. No Adverse Safety Effects

Granting LTE’s Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with LTE’s FOD 

and in compliance with all applicable public safety requirements. Accordingly, and as detailed 

herein, granting the requested exemption would not adversely affect safety. Indeed, as detailed 

below, operations pursuant to the limitations and guidelines addressed herein and in the FOD 

will provide an equivalent or even higher level of to those regulations from which LTE seeks 

exemption. 

The FAA has previously granted petitions for exemption relating to UAS in

circumstances similar, in all material respects, to those presented herein. See Exemption Nos. 

11062, 11109, 11112, 11213, 12086, 12363.

For all of these reasons, LTE’s operations pursuant to this Petition also qualify for an 

exemption under Section 44701.

G. Exemptions Sought By LTE and Reasons for the Requested Relief

Pursuant to Section 333, LTE seeks an exemption from the requirements of 14 C.F.R. §§ 

45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 
19

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b). 

1. Section 45.27(a). Location of marks; nonfixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Leptron RDASS UAS, 

LTE seeks an exemption from the subsection (i.e., that the marks be displayed on both surfaces of 

the cabin, fuselage, boom, or tail) because the Leptron RDASS UA is of insufficient size to 

accommodate any such marking. Thus marking the Leptron RDASS UA as required by this 

subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Leptron RDASS

UA, as may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its 

largest available surface so as to permit such marking to be displayed to pilot, crew, and 

others both when the Leptron RDASS UA is on the ground and airborne. 

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

LTE seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private 

pilot privileges and limitations: Pilot in command, subsections (a) and (b) state (emphasis 

added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and
20

(2) The aircraft does not carry passengers or property for compensation or hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. LTE seeks exemption from the subsections because the UAS will not

carry a pilot, passengers or property (other than a camera). As addressed, the Leptron RDASS is 

a very light, remotely controlled UAS with no persons or property on board. The area of 

operations is generally remote or sparsely populated. Each flight is planned and fully 

coordinated in advance in accordance with those procedures provided in the FOD. Thus the risk

associated with the proposed operations is so diminished from that associated with commercial 

operations contemplated by Part 61, that allowing a P IC having a private pilot certificate, rather 

than a commercial certificate, the minimum flight hour and qualification criteria, and operating 

according to the limitations and guidelines provided herein, provides a level of safety that 

exceeds that provided by a pilot having a commercial certificate operating a conventional aircraft 

as required under the regulations. Further, the FAA now allows for commercial UAS operations 

under the sought exemption by those who hold a recreational or sport airman certificate. See 

https://www.faa.gov/news/updates/?newsId=82485. As addressed herein, the PIC pursuant to 

this Petition will possess an airline transport, commercial, private, recreational or sport pilot 

certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal government. The PIC will also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

The FAA has previously granted petitions for exemption relating to UAS in

circumstances similar, in all material respects, to those presented herein. See Exemption Nos. 

11062, 11109, 11112, 11213, 12086, 12363.
21

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that LTE meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled civil aircraft airworthiness, subsection (a) states (emphasis added): 

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, and in the FOD, for maintaining the aircraft and 

checking it before each flight to ensure that it is in peak operational condition, an equivalent 

level of safety will be provided.

4. Section 91.105. Flight crewmembers at stations.

LTE seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; 

and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during 

takeoff and landing, keep his or her shoulder harness fastened while at his or her 

assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder 

harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. LTE seeks exemption from the Section 91.105 because the Leptron 
22

RDASS UA is by definition an unmanned aircraft, having neither pilot nor crew so as to be 

stationed or harnessed as required by the regulation. An equivalent or even higher level of safety

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is 

located at the controls of the UA or able to control the UA from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

LTE seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe 

altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. LTE seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Leptron RDASS UA will at times be operated below 400’ AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to deconflict with manned vehicles operating above 500’ AGL, within the 

VLOS of the PIC with the assistance of a VO so as to ensure the safety of and deconfliction with 

any persons or property in the air and on the ground, including participating and nonparticipating personnel, away from who the UA would generally be restricted as addressed 

herein. Further the Leptron RDASS UAS flight operations will be monitored at all times by

both the PIC and VO and will be in compliance with local public safety requirements, so as to 

prevent access to the restricted areas of operation. 

The FAA has previously granted petitions for exemption relating to UAS in
23

circumstances similar, in all material respects, to those presented herein. See Exemption Nos. 

11062, 11109, 11112, 11213, 12086, 12363.

6. Section 91.121(a)(1)(iii). Altimeter settings. 

LTE seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121, entitled

Altimeter settings, states in relevant part (emphasis added):

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

***

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure

Subsection 91.121(a)(1)(iii) requires persons operating an aircraft to maintain altitude by 

reference to an altimeter set “to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” LTE seeks exemption from subsection 91.121(a)(1)(iii) 

because the Leptron RDASS UA does not use or have on board a typical barometric altimeter as 

contemplated by the regulation. Instead, the Leptron RDASS uses GPS to maintain altitude. 

An equivalent level of safety will be provided instead by operating the UA below

400’ AGL within the VLOS of the PIC (with the assistance of a VO) with altitude information 

available the PIC to maintain altitude and ensure safety. Prior to each flight, a baseline altitude

will be established at the launch site to confirm the 400’ AGL ceiling is not exceeded. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

LTE seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the first 
24

point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 20 minutes.

The Leptron RDASS is an unmanned aircraft, and thus would not begin a flight with a 

person in it as the regulation contemplates. To the extent the regulation applies to the Leptron 

RDASS, an equivalent level of safety can be achieved instead by limiting the Leptron RDASS

flights so there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five (5) minutes or with the reserve power recommended by the 

manufacturer if greater. Given that the Leptron RDASS UA, has a maximum weight of 

approximately 7 pounds and will fly at approximately 12m/s, will be operated within the VLOS of 

the PIC, this restriction would provide more than enough battery reserve to accommodate a safe 

return to the landing zone from anywhere in the operating area with no adverse effect on the 

safety of persons and property in the air or on the ground. 

See also e.g. Exemption Nos. 2689, 5745, 10650 (granted exemption to manned aircraft to 

operate at less than the minimums prescribed in Section 91.151) and Exemption Nos. 8811, 

10808, 10673 (granted similar relief for UAS for day VFR conditions). 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b). 

Maintenance inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—
25

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter;

Section 91.409 (a)(1) and (2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an “annual” inspection in the required 

maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, rotor, rotor, and 

appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each rotor, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, rotor, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required 

to be overhauled on a specified time basis.
26

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its appliances 

are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, rotors, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

LTE seeks an exemption because, as addressed, the Leptron RDASS UA will operate 

pursuant to this Petition without airworthiness certification. An equivalent level of safety can be

provided instead by requiring, as provided herein, that inspections and maintenance be

accomplished according to the inspection, maintenance, and preflight sections of the FOD 

including the Leptron Inspection and Maintenance Manual. As provided in the FOD, among 

other things, the UAS will be inspected prior to each flight to confirm that it is in good 
27

working order, any maintenance or repairs will be performed and logged, and, upon any work 

being performed on the UA, the UA will be checked and approved for flight by qualified LTE

personnel before being returned to service. No pilot or crew need be airborne flying a heavy, 

fuel-ladened aircraft, thereby providing for superior safety to persons and property in the air and 

on the ground. Further, all flights will be conducted during the day below 400’ AGL within the 

VLOS of the PIC with the assistance of a VO so as to ensure deconfliction with objects in the air 

and on the ground. Given the Leptron RDASS UA’s light weight, slow speed and low-altitude

operations there is little risk of any damage to persons or property in the air or on the ground should 

a maintenance issue present itself when airborne. Accordingly, any risk associated with using the 

Leptron RDASS UAS as proposed is significantly reduced when compared to that presented by 

using manned aircraft to conduct the same operations.

The FAA has previously granted petitions for exemption relating to UAS in

circumstances similar, in all material respects, to those presented herein. See Exemption Nos. 

11062, 11109, 11112, 11213, 12086, 12363
28

H. A Summary That Can Be Published in the Federal Register, stating: 

The Rules from Which LTE Seeks Exemption:

LT Environmental, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 

61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2),and 91.417(a) and (b).

A Brief Description Of The Nature Of The Exemption LTE Seeks:

Approval of the above mentioned exemptions will allow LTE to operate the Leptron RDASS for 

compensation in the National Airspace System. In contrast to use of a full-scale aircraft, such 

exemptions will increase safety, reduce risk to person and property on the ground, decrease 

carbon emissions, reduce the need for Air Traffic Control handling, and provide better aerial 

data collection. The Leptron RDASS runs on rechargeable batteries and does not carry any 

persons on-board. LTE’s customer’s will also benefit from greater operational flexibility and 

lower costs as LTE can operate the Leptron RDASS at a lower cost than traditional manned 

aircraft doing the same job.

Specifically, LTE is seeking exemptions to allow:

(1) The Leptron RDASS to be marked with its registration number as large as practicable 

on its largest available surface;

(2) At least a recreational or sport pilot certificated airman with a valid U.S. driver’s 

license to operate the Leptron RDASS as the Pilot in Command;

(3) Operate the Leptron RDASS even though it has not been certified as airworthy;

(4) Allow the Pilot in Command to control the Leptron RDASS from the controls that are 

located at the ground control station;

(5) Operate the Leptron RDASS below 400’ AGL;

(6) Operate the Leptron RDASS with a GPS altitude instead of a barometric altimeter; 

(7) Limit flights so there is enough available power to conduct the intended operation 

plus an additional five minutes or the reserve power recommended by the 

manufacturer; and

(8) Conduct inspections and maintenance in accordance with the Leptron Inspection and 

Maintenance Manual and LTE’s Flight Operations Documents.
29

I. Conclusion

Accordingly, as set forth above, LT Environmental, Inc. seeks an exemption pursuant to 14

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, to permit

safe operation of the Leptron RDASS UAS commercially, without an airworthiness certificate,

for the special purpose of conducting aerial imaging operations. By granting this Petition, the 

FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 to expedite approval of operations of certain UAS in the 

NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, LT Environmental, Inc. respectfully

requests that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii), 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),and 91.417(a) and (b).

Dated: September 4, 2015 Respectfully submitted,

John D. Peterson, P.G.

Executive Vice President

LT Environmental, Inc.

4600 West 60th Avenue

Arvada, CO 80003

Phone: (303) 433-9788