April 7, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and C.F.R. Part 11, Genesis Lawn and Landscaping, LLC. owner and operator of 

Small Unmanned Aircraft Systems (UASs), request to be exempted from the Federal 

AviationRegulations (FARs) listed below so Genesis Lawn and Landscaping, LLC may

operate UASs commercially in airspace regulated by the Federal Aviation Administration; 

as long as such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by section 333. 

The Name and address of the applicant is: 

Genesis Lawn and Landscaping LLC

Attn: Neil Migala

PO Box 411806

Melbourne, FL 32934

neil@genesislawns.com

321.258.0741

As described below, the requested exemption would permit the operation of lightweight 

(less than 55 lbs total take off gross weight) UASs under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to ".... establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

Section 333(c) of the Reform Act. 
Genesis Lawn and Landscaping, LLC. respectfully requests the grant of an exemption to 

the following specific sections of the Title 14 Code of federal Regulations allowing it to 

operate lightweight UAS's for commercial use: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 

91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), 91.417(a) &(b) 

Genesis Lawn and Landscaping, LLC submits this application in accordance with the Reform 

Act, 112 P.L. 95 331-334, seeking relief from any currently applicable FAR's operating to 

prevent SCI's future commercial use of small UASs to operate in the national airspace 

system as described below. The Reform Act Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is in the public's 

interest to do so. SCI's lightweight UASs meet the definition of "small unmanned 

aircraft" as defined in section 331 and therefore the integration of SCI's lightweight UASs are 

expressly contemplated by the Reform Act. SCI would like to operate its 

lightweight UASs prior to the time period by which the Reform Act requires the FAA to 

promulgate rules governing such aircraft. 

The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed and operational capability

• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator Reform Act 333 (a) 

If the secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System." 

Genesis Lawn and Landscaping, LLC’s UAS's are rotorcraft weighing less than 55 pounds 

including payload. They operate at a speed of less than 50 knots and have the capability to 

hover and move in the vertical and horizontal plane simultaneously. The UAS will operate 

only within the line of sight of the pilot within a protected flight area as described below. Such 
operations will insure that the UASs will not create a hazard to the users of the national airspace 

system or the public. 

The small nature of the UASs utilized by Genesis Lawn and Landscaping, LLC combined with 

the safety protocols outlined below will allow for a greater than equivalent level of safety in 

which Congress envisioned that the FAA must, by exemption allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

areas and altitudes they will operate, approval of the exemption presents no national 

security issue and absolutely minimal safety concerns which have been mitigated through a 

rigorous risk management process. Given the clear direction given in Section 333 of the 

Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, the significant public 

benefit, including enhanced safety, reduced emissions utilizing UASs verse traditional 

aircraft as well as the economic impact of greatly reducing the cost of aerial photography

thereby benefiting the greater public's interest. Accordingly, the applicant requests that the FAA 

grant the requested exemption without delay. 

The following limitations are considered to be binding for the operation of UASs for 

commercial purposes by Genesis Lawn and Landscaping, LLC:

1. Flights will be operated in the line-of-sight by a ground-based pilot 

2. Flights will only occur in the daytime and clear of clouds 

3. The UASs will weigh less than 55lbs at take off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 

6. Pilots, camera operators and observers will be trained as to the applicable portion of the 

UAS's manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a 

current FAA medical. A camera operator and or observer may be added as required to further 

reduce the possibility of task saturation by the pilot depending on the mission requirements. 

8. Pilot, observer and camera operator will maintain real time communication capability 

throughout flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility

(AOR). This AOR is the actual area for UAS operations for a particular day. Each survey

will include the assessment of potential hazards to include but not limited to airspace 

classification, NOTAMS, temporary flight restrictions, closest airport proximity, natural and 

manmade obstacles, and unnecessary persons which may pose a risk to operations or safety. If 

deemed necessary, the crew will employ additional personal as safety observers. 10. Genesis 
Lawn and Landscaping, LLC will employ safety observers as well as sign notifications in areas 

close to public activity. 

11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing 

the briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are

conducted will be present for this briefing. 

12. Genesis Lawn and Landscaping, LLC. will obtain consent (verbal or written) for any

persons who need to be within 100 feet of UAS flight operations. 

13. Written and or verbal permission from the relevant property owners will be obtained prior to 

flight. 

14. All required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other governmental agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the AOR and land autonomously. 

16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or 

emergencies. 

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 

(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined 

area of operations for SCI UAS flights permits exemption from Part 21 because 

Genesis Lawn and Landscaping, LLC. meets an equivalent level of safety pursuant to Section 333 

of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the ACT (49 U.S. C. 44701(f)) and Section 333 of the 

Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the 

airworthiness certificate requirement in consideration of weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. Genesis Lawn and 

Landscaping, LLC. meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons stated above. The equivalent level of 

safety will be achieved by maintaining such certifications and registrations at Genesis Lawn and 

Landscaping, LLC’s flight operations center. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 
certificate. As no such certificate will be applicable in the form contemplated by the FARs, 

this regulation is inapplicable. 

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft 

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining an operators manual at the 

flight operations center. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 

32827. 

14 C.F.R. 91.103(b) Preflight actions 

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include: (b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information. This subparagraph is not applicable due to our off airfield 

operations. 

14 C.F.R. 91.109 Flight instructions; Simulated instrument flight and certain flight tests. 

14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned 

aircraft in conjunction with training and flight tests. The UAS to be employed by Genesis Lawn 

and Landscaping, LLC are not designated in this category. 

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Genesis Lawn and 

Landscaping, LLC UASs utilize GPS systems and internal gyroscopes to provide spatial 

stability and a reference datum. 

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions 
14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and assuming normal cruising speed. 

The battery powering the UAS provides approximately 15 minutes of powered flight, 

which is less than the reserve requirement alone by FARs for day. Given the limitations 

on the UAS's flight envelope, proposed AOR size, battery life and its ability to land 

immediately it is reasonable to allow an exception. 

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

This restriction would be more than adequate to return the UAS to its planned landing zone in 

the AOR. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673 and 10808. 

14 C.F.R. 45.23 Marking of the Aircraft 

Applicable Codes of Federal regulations require aircraft to be marked according to 

certain specifications. SCI UASs are unmanned; do not have a cabin, cockpit or pilot 

station on which to mark certain words or phrases. Further, two-inch lettering is 

impractical to place on such small aircraft. Genesis Lawn and Landscaping, LLC. will, 

however, place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f)

so that the pilot, camera operator, observer and any other persons operating in the AOR can 

see the markings on the UAS. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167 A, and 10700. 

14 C.F.R. 91.119 Minimum Safe Altitudes 

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions Genesis Lawn and 

Landscaping, LLC will only operate its UASs at or below 400 AGL. Genesis Lawn and 

Landscaping, LLC will operate its UASs in a defined AOR that has been carefully reviewed for 

hazards and minimizes the presence of any persons not essential for operations. Flights will only

be conducted over private property with consent of the property owner. The equivalent level 
of safety will be achieved given the size, weight and speed of the UAS as well as the 

location where it is operated. Compared to flight operations with traditional aircraft or rotorcraft 

weighing far more than 55lbs, operating below 500 AGL with flammable fuel 

UAS operations present a far smaller risk. 

14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as prescribed in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter, and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

These regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to. UASs should its requested exemption be granted. As an equivalent level of safety 

Genesis Lawn and Landscaping, LLC. requires its pilots to 

conduct a preflight, through flight and post flight inspection of the UAS to ensure it's 

flight worthiness prior to launch. Each UAS is flown in compliance with the applicable 

manufactures manual to include all software update cycles as well as flight checklists. In the event 

of a malfunction the UAS can land immediately. 

Privacy 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 

Summary 

Genesis Lawn and Landscaping, LLC. is seeking exemption from the following rules: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 

91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.417(a)&(b). 

Approval of the above exemptions allowing commercial operations of small UASs in the 

service of aerial photography will greatly enhance safety by reducing the overall risk 
associated with traditional aircraft. Traditional aerial photography requires large aircraft 

weighing thousands of pounds and carrying hundreds of pound of fuel presenting a 

significant risk to life and property. With Genesis Lawn and Landscaping, LLC.'s use of small 

UASs weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL they 

virtually eliminate all of the risk associated with traditional aerial photography. The 

UASs will carry no people thereby eliminating the exposure to the risks associated with flying 

while accomplishing the same task in a much safer manner. 

Granting Genesis Lawn and Landscaping, LLC. the above exemptions will allow for the 

expansion 

of UAS systems into the future, in a professional, safety conscious culture steep in the tradition 

of Aviation. The safety culture established by the founding members of Genesis Lawn and 

Landscaping, LLC. is based on our 20+ years of business experience. .

Genesis Lawn and Landscaping, LLC. respectfully requests that the FAA grant its exception 

without delay. The FAA has the authority to issue the exemption sought by Genesis Lawn and 

Landscaping, LLC. pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the 

"Act"). 

Sincerely, 

Neil Migala

Genesis Lawn and Landscaping LLC

PO Box 411806

Melbourne, FL 32934

neil@genesislawns.com

321.258.0741