October 14, 2014

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 

2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Unmanned Systems, Inc. (“USI”) request exemptions from two

provisions of the Federal Aviation Regulations (“FAR”), specifically portions of 14 C.F.R. Part § 

91.119 and Part § 91.151(a) to allow, commercial operations of its Sandstorm unmanned aerial 

system (“Sandstorm”) in the continental United States (“CONUS”) by individuals who, at a 

minimum, maintain a FAA commercial pilot certification or FAA-recognized equivalents, and 

have successfully completed USI’s FAA approved training plan for Sandstorm.

The Sandstorm is an all-environment, electric-powered, traditional fixed wing take-off and 

landing small unmanned aerial system (“UAS”) that, is capable of transmitting live airborne 

location and video information to a Ground Control Station (“GCS”). Depending on payload 

configuration, Sandstorm will also be able of transmitting real-time high resolution video and 

photogrammetry collection to the ground based camera control station and stored on board for 

post flight production and forensics. The Sandstorm has a maximum weight of 70 pounds

including payloads, a wingspan of 15 feet, and a length of 8 feet. The Sandstorm airplane 

weight without payload is a maximum of 40 pounds. The Sandstorm’s normal cruising speed 

and maximum speed are 40-60 knots indicated airspeed and 80 knots indicated airspeed, 

respectively. It is battery powered that provides a flight endurance between one and one-half 

hours and three hours depending on battery configuration. Sandstorm is capable of operation in 

temperatures ranging from -15°F to 115°F. Launch and recovery of the aircraft is conducted via 

traditional fixed-wing take-off and landing procedures. The Sandstorm’s 900 MHz datalink and 

2.4 GHz control link has a range of five miles and provides all positional information and control 

capability required for safe operation of the aircraft.

The Sandstorm is unique among the various UASs applying for exemptions under Section 333 

because it has received a Special Experimental Airworthiness Certificate from the FAA based 

on its operations near Columbia Falls, Montana. The Sandstorm has an unparalleled safety

record based on our current and on-going flight operations in Montana with FAA certified 

aircraft. When this experience is considered in tandem with the remote areas in which it will 

operate, it becomes clear that the Sandstorm can operate safely in the National Airspace 

System (“NAS”), without posing a threat to national security, by operating in accordance with the 

requirements discussed herein.

The Sandstorm’s capabilities, along with USI’s experience to date, make it ideally suited to 

conduct commercial operations such as commercial film production, agriculture, aerial 

surveying, and patrolling in remote areas (i.e. non-congested or non-populated areas, private or 

controlled-access property) under Class E or Class G airspace and within Visual Line of Sight 

(“VLOS”). Use of the Sandstorm reduces the need to operate manned aircraft, decreasing the 

risk to the pilot, crew, and those on the ground as the Sandstorm will be transported to the 
U.S. Department of Transportation

October 14, 2014

Page 2 of 7

operational site for launch and recovery and will be not flown to the location with a load of 

flammable fuel. 

As a result of the Sandstorm’s size, weight, maximum speed, operational capability, and safety 

record; the distance at which it will operate from airports and populated areas; and its operation 

using visual observers to provide de-confliction from other air traffic, the Sandstorm does not 

create a hazard to users of the NAS or the public. Neither does it pose a threat to national 

security. Therefore, the FAA should grant USI the requested exemptions. Alternatively, if the 

FAA finds that modification of USI’s application is required for safe operation of the Sandstorm

in the NAS, USI requests that the FAA delineate the required modifications and either process 

USI’s application as if the modifications were already made or allow USI to amend its 

application to incorporate the FAA’s findings.

The name and address of the applicant are: 

Unmanned Systems Inc. 

Address: 2709 Cyrano Street, Henderson NV 89044

Attn: Don Bintz

Ph: (702) 324-9966

Fax: (702) 656-8782

Email: Don.Bintz@unmannedsystemsinc.com

Attn: William Reynolds

Ph: (702) 606-7539

Email: bill.reynolds@unmannedsystemsinc.com

USI’s exemption request encompasses the following regulations:

14 C.F.R. § 21 subpart H

14 C.F.R. § 91.119

14 C.F.R. § 91.151(a)

Section 333’s Mandate and the Federal Aviation Act

Grant of this exemption application for use of the Sandstorm in agriculture, precision aerial 

surveys, and patrols, pursuant to the exemption requested herein, will advance the 

Congressional mandate in Section 333 of the FAA Reform Act to accelerate the introduction of 

UASs into the NAS. Section 333 directs the Secretary of Transportation to consider whether 

certain UASs may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the FAA Reform Act. To make that determination, the Secretary must 

evaluate 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 several criteria: 

• The UAS’s size, weight, speed, and operational capability; 

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

• Operation of the UAS within visual line of sight of the operator. 
U.S. Department of Transportation

October 14, 2014

Page 3 of 7

FAA Reform Act § 333(b)(1). Once 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.” Id. § 333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C. 

§ 44701(f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, from the requirements that all civil aircraft must have a current 

airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be 

piloted by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exemption is in the public interest based on (i) the clear direction in 

Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as 

amended; (iii) the strong equivalent level of safety surrounding the proposed operations; and (iv) 

the significant public benefit, including enhanced safety and cost savings associated with 

utilizing UASs for commercial film production, agriculture, aerial survey photography, and 

patrolling. Accordingly, USI respectfully requests that the FAA grant the requested exemption 

without delay.

Airworthiness

The Sandstorm is safe and fit for operation in the NAS under the conditions listed herein. The 

FAA has deemed the Sandstorm safe by initially issuing a Special FAA Experimental 

Airworthiness Certificate for flight on September 14, 2011. USI has flown the Sandstorm since 

this date in 2011 and currently continues to operate near Columbia Falls, Montana under the

FAA issued Experimental Airworthiness Certificate for Unmanned Aircraft with an assigned 

Registration Mark N441KS, being the first tail USI got certified.

In support of this application, USI can provide with a request for confidentiality, the following 

documents: the Combined Sandstorm S3TM Aircrew Operating Handbook (“AOH”); the USI 

Local Pilot Initial Qualification Syllabus; the USI Observer Initial Qualification Syllabus; and the 

USI Safety Pilot Initial Qualification Syllabus.

Mandatory Operating Conditions

USI proposes that the grant of the exemption be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of UAS by public entities 

pursuant to Certificates of Waiver or Authorization, with additional restrictions: 

. 

• Operations to avoid congested or populated areas to the maximum extent possible.

• Operations to be conducted over private or controlled-access property. 

• Permission from land owner/controller required before commencing any flight. 

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). 

• Aircraft to remain within Visual Line of Sight (VLOS). 

• Operations to occur during daylight hours. 

• Above Ground Level (AGL) altitude to be restricted to 400 feet and below. 

• All operations conducted in vicinity of airport to remain more than 2.5 NM from 

centerline azimuth of runway centerline measured from runway thresholds. 

• Operator will file a NOTAM for each flight. 

• All required authorizations and permits will be obtained from territorial, state, county, or 

city jurisdictions, including local law enforcement, fire, or other governmental agencies. 
U.S. Department of Transportation

October 14, 2014

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Operator Requirements

USI respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. The Sandstorm is an inherently stable, light-weight aircraft 

that weighs less than 40 pounds without payload, has a proven safety flight safety record and 

will be operated in remote areas. 

Sandstorm is configured to give the Local Pilot (“LP”) or Remote Pilot (“RP”) full control of the 

aircraft during all phases of flight. It is equipped with an advanced autopilot that can be used to 

fly the aircraft in one of four modes: Stabilized, Return to Home (“RTH”), Circle or Nav. 

Stabilized mode commands the aircraft to fly straight and level with no input from the pilot. RTH 

mode commands the aircraft to fly to a “return to home point” designated by the pilot and then 

circle until transitioned to manual control by the pilot. Circle mode commands the aircraft to 

circle around its current position until the pilot takes control manually or activates another 

autopilot mode. Engaging Nav mode commands the aircraft to fly to pre-programmed waypoints 

designated by the pilot on the GCS Map screen. Each of these autopilot modes creates a 

predictable aircraft flight pattern that allows Sandstorm to operate within the intended flight 

envelope with minimal input from the pilot. Flight limits are coded into the autopilot and define 

the aircraft’s normal flight operating envelope. Manual flight modes that do not use the autopilot 

require the operator to provide control input to maintain heading, altitude and airspeed. Pitch, 

roll and throttle inputs are accomplished by the LP using the handheld radio 

controller/transmitter (JR-12X) or by the RP using GCS RP Control Stick station via the 900 

MHz or 2.4 GHz link respectively.

The GCS is the primary control station; providing the RP situational awareness and command 

and control interface for the UA. The S3TM GCS is a environment consisting of three monitor 

displays including a Map screen, a Head-up Display (HUD) screen, and a Standby Instrument 

Panel screen. Flight controls consist of a control stick, throttle, and rudder pedals. Additional 

system controls utilize touchscreen “push buttons” on the three displays to control gear position, 

flap position, barometric altimeter setting, transponder settings, autopilot modes, and active 

control link selections. The LP will always have the capability to take control of the aircraft with 

the handheld JR-12X if necessary for safety of flight in all phases of flight while maintaining 

VLOS.

In the event of a Total Lost-Link (“TLL”) the autopilot shall navigate the UAS back to a 

designated Return to Home (“RTH”) point. Standard operating procedures will have a 

designated RTH point prior to every flight. While in circle mode around the RTH point, recovery 

of control should be possible. In the event that recovery of control link is not possible, the UAS

will spiral down to a controlled landing around the designated RTH point. If the motor batteries 

have been depleted, the avionics and flight control surfaces are powered independently to allow 

for continued control by the LP to conduct a pilot controlled landing of the aircraft.

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 
U.S. Department of Transportation

October 14, 2014

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Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

Sandstorm has already been certified as airworthy via a Special Airworthiness certificate of the 

Experimental class and has been recertified as such on four separate occasions. The 

exemption USI seeks at this time is to be able to conduct commercial operations while only 

having an Experimental certification. 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 

91.119(c) limits aircraft flying over areas other than congested areas to 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. 

As set forth herein, the Sandstorm will never operate at higher than 400 feet AGL. It will, 

however, be operated in a manner that avoids congested or populated areas that are depicted 

in yellow on VFR sectional charts. Because commercial film flights, agriculture, aerial survey 

work, and patrolling must be accomplished at relatively low altitudes, i.e., less than 500 feet 

AGL, an exemption from Section 91.119(c) is required. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Sandstorm is built. Also, no flight will be taken without the permission of the land 

owner or the party controlling the operating area. With advance notice to the landowner, all 

affected individuals will be aware of the agriculture, survey, and patrolling flights. Compared to 

similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of 

pounds and carry flammable fuel, any risk associated with these operations will be significantly 

reduced from those currently allowed for conventional aircraft operating at or below 500 feet 

AGL. Waivers have been granted to other UAS operators for such operations in Alaska. USI 

believes such operations can be conducted within the CONUS in Class E and Class G airspace 

for the same reasons justifying like operations under the existing waiver in Alaska.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151(a) 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 – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 14 

C.F.R. § 91.151(a). 
U.S. Department of Transportation

October 14, 2014

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The Sandstorm’s batteries provide between one and three hours of powered flight. Without an 

exemption from 14 C.F.R. § 91.151, the Sandstorm’s flights could be limited to approximately 

thirty minutes in length. Given the limitations on its proposed operations and the location of 

those proposed operations, a longer duration for flight in daylight VFR conditions is reasonable. 

USI believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151(a)). Operating the Sandstorm, a small UAS, without 30 

minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to

prevent. The fact that the Sandstorm carries neither pilot, passenger, nor cargo also enhances 

the reduced risk to overall safety. Additionally, limiting Sandstorm flights to thirty minutes would 

greatly reduce the operational utility of the platform. In the unlikely event that the Sandstorm

should run out of fuel, it would glide under pilot control for landing. Given its weight and 

construction material, the risk is significantly less than contemplated by the current regulation. 

USI believes that an equivalent level of safety can be achieved by maintaining 10 minutes of 

reserve fuel, which, allowing at least fifty minutes of flight time, would be more than adequate to 

return the UAS to its planned landing zone from anywhere in its planned operating area. 

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, 

and 10808.

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed: 

Petitioner: Unmanned Systems Inc. 

Section of 14 C.F.R.: 14 C.F.R. § 21(h), 14 C.F.R. § 91.119, 14 C.F.R. § 

91.151(a). 

Approval of exemptions allowing commercial operations of UASs in the film industry will 

enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, 

operate at extremely low altitudes in close proximity to people and structures and present the 

risks associated with vehicles that weigh in the neighborhood of 4,000 pounds, carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopter) Such aircraft must fly to and from 

the film location. In contrast, a battery powered UAS weighing fewer than 70 pounds eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The UAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UASs, weighing less than 70 pounds, conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 

Privacy
U.S. Department of Transportation

October 14, 2014

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

consent and knowledge. Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where filming will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation with is 

VLOS and national security. Provided in the above documentation is adequate justification for 

the grant of the requested exemptions allowing commercial operation of applicant’s UAS in the 

motion picture and television industry pursuant to the manual appended hereto.

Sincerely,

William E. Reynolds

Unmanned Systems, Inc.