May 11, 2015

901Drones

Brandon Turk

2809 Kirby Pkwy. Bldg. 116. Suite 161

901.401.0496

Brandon@901Drones.com

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R Part 11, and the Federal Aviation Administration’s (“FAA”) general exemption 

authority under 49 U.S.C.§ 44701(f), 901Drones (“Petitioner”) hereby petitions for

exemptions from:

14 C.F.R. Part 21 Subpart H

14 CFR § 45.23

14 CFR § 45.29

14 CFR § 91.203(a) & (b)

14 CFR § 91.9(b)(2)

14 CFR § 61.113 (a) and (b)

14 CFR § 91.119

14 CFR § 91.121

14 CFR § 91.151

14 CFR Subpart E § 91.403 

14 CFR Subpart E § 91.405(a) 

14 CFR Subpart E § 91.407

14 CFR Subpart E § 91.409

14 CFR Subpart E § 91.417

8900.227 Paragraph 16(e)(1)
Petition Summary

The proposed exemptions, if granted, would allow Petitioner to operate unmanned 

aircraft systems (“UAS”) weighing 55 pounds or less for the purpose of aerial still

photography, aerial videography and closed-set filming of motion pictures. Based on the

small size of Petitioner’s UAS, the qualifications and experience of Petitioner’s UAS 

operators, and the restricted, sterile environment within which Petitioner will operate, the

requested exemptions fall squarely within the zone of safety envisioned by Congress set

forth in Section 333. The Petitioners, in the past have chartered full-sized helicopters for 

the purpose of video production, which has proven more costly and with a higher safety 

risk than that of a small UAS. 901Drones highest goal is the safety of the public,

property and national airspace. The UAS will be operated in accordance with the FAA

policy N 8900.227 Section 14 “Operational Requirements for UAS”. The specific

guidelines and procedures detailed in the “Operations Manual” and the

“Pilots Operating Handbook” proposed by the Petitioner gives the FAA good cause to 

find that the UAS operations are in the public interest.

EXEMPTION REQUESTS AND EQUIVELANT LEVEL OF SAFETY

14 CFR Part 21, Subpart H: Airworthiness Certificates

Petitioner requests an exemption of 14 CFR Part 21, Subpart H, and the requirement for 

an airworthiness certificate in general, citing the equivalent level of safety outlined in the

following paragraph and attached operations manual. If an airworthiness certificate

exemption is not appropriate for this application, then petitioner requests an experimental

certificate be issued under either or both of the following provisions:

21.191 Experimental Certificates

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations 

to show compliance with the airworthiness regulations including flights to show 

compliance for issuance of type and supplemental type certificates, flights to substantiate

major design changes, and flights to show compliance with the function and reliability 

requirements of the regulations.

Since the experimental certificate can be used for commercial purposes, we would expect

that an experimental certificate, if applicable, would permit our commercial purpose as 

well. The aircraft will not carry persons or property, will not carry fuel, and will only fly 

under strict operational requirements outlined in Petitioners Operations Manual.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft’s 

registration number in letters at least 3 inches high. Additionally, the aircraft must display 

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the
cabin, cockpit, or pilot station. The UAS does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to 

it by the FAA.

Petitioner proposes to achieve an equivalent level of safety, if an experimental certificate

is required, by including the word "EXPERIMENTAL" on a placard on the rear of the

aircraft where the PIC, VO and others in the vicinity of the will be able to see the

designation. An additional placard, described in the following section, displayed on the

aircrafts ground station will provide the aircraft's registration information at the ground 

level also.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft.

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at

the cabin or cockpit entrance so that it is legible to passengers or crew."

At a maximum gross weight of 6.7 pounds, the UAS is too small to carry the required 

“legible” documentation, is not capable of carrying passengers or crew, and does not

have an entrance. To obtain an equivalent level of safety and meet the intent of 91.203, 

we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon 

request. In order to identify the aircraft, we propose that the information placard outlined 

in the 14 CFR 45.23 exemption section above, be permanently affixed to the aircraft via

placard containing the word “EXPERIMENTAL” (if applicable) to satisfy the

requirement of 14 CFR 45.23. Petitioner is also prepared to “fold” documentation into a

smaller form factor to be displayed in the aircraft if needed.

14 CFR 91.9(b)(2), Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. Petitioner assumes that the intent of this requirement is to 

ensure that flight manual information is available to the aircrew while operating the

aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a

current, approved UAS Flight Manual must be available to the crew at the ground station 

anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 (a) and (b) Private pilot privileges and limitations: Pilot in

Command and Commercial pilot privileges and limitations

The regulation provides that no person that holds a private pilot certificate may act as 

pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a

private pilot to 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 (2)
The aircraft does not carry passengers or property for compensation or hire. Our proposed 

operations require that the PIC must either:

1. Hold a Private Pilots Certificate issued by the FAA

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot

certificate" in which the PIC is required to complete "FAA private pilot ground 

instruction" and pass "the FAA Private Pilot written examination."

There are currently no means available for the pilot of a UAS to gain the experience in an 

equivalent category and class in order to apply for a commercial pilot's license; we

propose to generate an equivalent level of safety. The PIC is enrolled in Since the aircraft

cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph

(b) even though the intent of this application is to conduct a business.

14 CFR 91.119 Minimum safe altitudes: General

14 CFR 91.119(c) states that over sparsely populated areas the aircraft cannot be operated

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be

operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

Consistent with the relief typically provided to manned operations under FAA Order 8900.1,

Volume 3, Chapter 8, Section 1, Petitioner requests relief from 14 CFR 91.119 in respect to

those participating persons, vehicles, and structures directly involved with the filming

process. Petitioner’s Operating Manual sets forth safety factors for authorizing and

consenting production personnel. Therefore we maintain that due to the small size of the

UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft.

14 CFR 91.121 Altimeter settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

barometric altimeter setting available within 100 NM of the aircraft.

The UAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes

in order to prevent conflict with other aircraft. An Above Ground Level altimeter

measurement, in feet, above the takeoff point is transmitted via radio from the UA on-board

computer to the display screen held by the PIC, providing a constantly updated AGL readout.

Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter 

onboard the UAS. Instead, altitude information is generated by GPS equipment installed 

onboard the UAS and digitally transmitted to the ground station display. Prior to each 

flight, a zero altitude initiation point will be established and confirmed for accuracy by 

the UAS PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 

91.121.

14 CFR 91.151 Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR 

5 conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes.
Petitioner seeks exemption regarding; the UAS is battery operated and the maximum

duration of flight with payload from a single battery charge is 9 minutes 30 seconds 

minutes with a 30% reserve. Since the aircraft will never fly more than 3/4NM from the

point of intended landing, a full battery charge at launch (procedures outlined in the

Pilots Operating Handbook) will ensure that we meet the reserve energy requirement of 

this paragraph.

14 CFR Subpart E (91.403, 91.405(a), 91.407, 91.409, 91.417) - Maintenance,

Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection.

It is our intention that the VO perform maintenance and inspection of the aircraft and "be

authorized to approve the aircraft for return to service." Petitioners VO has six years’ 

experience in maintenance and service with this type of aircraft. As provided in the PreFlight Checklist, both the PIC and VO will ensure that the aircraft is in an airworthy 

condition prior to every flight. This is also how the petitioner will comply with 14 C.F.R.

91.7(a) Civil Aircraft Airworthiness. The Pilots Operating Handbook outlines 

documentation required for the maintenance, service and inspecting the UAS. The VO 

will document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, petitioner can ensure an equivalent level of 

safety.

8900.227 Paragraph 16(e)(1) Observer Medical

This policy provides that both the PIC and VO must have a valid FAA second-class

medical certificate issued under Part 67 in order to perform as a pilot or observer.

Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both 

the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS 

will return autonomously to the site of launching and land without crew intervention.

Petitioner currently complies with the minimum medical requirements for the PIC as

described in Paragraph 16(c)(4). Petitioner requests exemption from 8900.227 Paragraph 

16(e)(1) requiring the VO to meet the same medical requirements as commercial pilot

carrying passengers in a large aircraft Petitioner requests the minimum requirements for 

VO be vision corrected to 20/20. The 20/20 vision requirement will ensure that both the

PIC and VO can see and avoid air traffic.

Very Respectfully,

Brandon Turk

Managing Member

901Drones