UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Sierra Trading Post

ATTN: Chris Martin

5025 Campstool Road

Cheyenne Wyoming, 82007

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.103; 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (1) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS PURSUANT TO 

SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on 10/29/15

Sierra Trading Post

5020 Campstool Road

Cheyenne Wyoming 80525

www.sierratradingpost.com

pr@sierratradingpost.com
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS   Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures
INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Sierra Trading Post, (“{Company}”) Operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to offer commercial UAS operations for a host of industries and applications and to 

perform the purposes listed below, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUAV’s/UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA in an 

exemption granted under either Section 333 or Section 49 U.S.C. §44701(f) 

As described more fully below, the requested exemption would permit the operation of a UAS under

controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety 

enhancements in the fields in which it will operate, which now depend upon conventional aircraft or 

humans climbing high on dangerous structures, and walking over dangerous terrain. Approval of this 

exemption would thereby enhance 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.1

Executive Summary

Expeditious	Summary	Grant	Approval	Request

The petitioner requests the agency issue a summary grant process for this application. Petitioner has 

provided specific exemption numbers whereby the FAA has already granted a previous exemption 

similar or identical to each and every request, herein. 

 

1

 Sierra Trading Post relies upon the following exemptions where specific reference to an exemption is 

not provided: Exemptions 11062 thru 11067, 11080, 11109 through 11112, 11114, 11213, 11062 and as 

recent as 11857.
/UAS	Requested:

The petitioner is seeking an exemption to commercially operate sUAV’s makes and models as follows: 

DJI Phantom 2

DJI Phantom 3

Yuneec Q500 Typhon

UASs operated by Sierra Trading Post weigh less than 55 pounds, including the payload (i.e. camera, 

lens, and gimbal). They operate at speeds of no more than 50 knots, can hover, and can simultaneously 

move vertically and horizontally. Sierra Trading Post will only operate its UASs in line of sight and will 

operate only within the sterile area. Such operations will insure that the UAS will “not create a hazard to 

users of the national airspace system or the public.”

Given the small size of Sierra Trading Post’s UASs and the sterile environment within which they will 

operate, Sierra Trading Post’s UAS operations adhere to the Reform Act’s safety requirements. 

Additionally, due to the size of the UASs and the sterile areas in which they will operate, approval of this 

application presents no national security issues. Based on the substantial level of safety surrounding the 

proposed operations, and the significant public benefit (enhanced safety), reduction in environmental 

impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest.

Equipment operation manuals for each sUAV are included for your reference and are considered 

confidential information for each respective company’s UAS and are affixed separately in these 

documents as Appendix A.

2

Commercial	(Mission,	Operation)	Purpose:	

This exemption request once granted would allow Sierra Trading Post to operate a small unmanned 

aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct photography and videography of 

residential and commercial real estate, filmmaking, cinematography, and videography, wildlife and 

forestry monitoring, aerial surveying, construction site inspection and monitoring, public entity support 

operations, Aerial imaging for safety, and security of controlled environment of various sites, aerial 

video and photography for public and private use including television, public events, and 

 

2 Petitioner	submits	the	Appendix	and	Manuals	marked	“CONFIDENTIAL,”	as	they	contain	

proprietary	confidential	business	information	that	is	not	released	to	the	public	and	is	

protected	under	the	Freedom	of	Information	Act	5	USC	§552	et.	seq.	5	Reform	Act	Section	

333	(b).
cinematography live feed and live newsgathering, special events, motion picture production, closed set 

filming, disaster and catastrophe events.

Regulations	from	which	the	Exemption	Relief	is	requested:

14 C.F.R. § 61.113 (a) & (b)

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a)(1) & (2)

14 C.F.R. § 417 (a) & (b)

The name and address of the Petitioner is: Sierra Trading Post Attn: Chris Martin, 5025 Campstool Road, 

Fort Collins, Colorado, 80525, cmartin@sierratradingpost.com, (307) 775-8326

The Exemption Request

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law 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; and 

 Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, 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.” Id. §333(c)

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

Operator	Requirements

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 
Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is 

remotely controlled by a ground-based operator. The operational area is controlled and restricted, and 

all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated 

with the use of a UAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 allowing UAS use by a pilot as the PIC exceeds the present level of safety 

sought by 14 C.F.R. §61.113 (a) and (b)

Aircraft	and Equivalent Level	of	Safety

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement by allowing us to capture digital 

media assets without having to climb tall structures and it would limit exposure that currently exists 

when filming on dangerous terrain. These limitations and conditions to which Sierra Trading Post agrees 

to be bound when conducting commercial operations under an FAA issued exemption include these 

SOP:

1) Operations will be limited to the following aircraft: sUAS weighing less than 55 lbs.: DJI Phantom 2 

Vision+, Yuneec Q500 Typhon, and DJI Phantom 3.

2) UAS operations under this exemption are limited to conducting aerial photography videography, and 

monitoring

3) The UA will not be flown at ground speed exceeding 50 knots. 

4) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). 

5) The UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will be able to

meet this requirement without the aid of any device other than corrective lenses.

6) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally 

at all times. The PIC must be designated before the flight and cannot transfer his or her designation for 

the full duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in 

the operating documents. 

7) The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding other air 

traffic and other ground based obstacles/obstructions and will not be permitted to operate the camera 

or other instruments. 

8) The operating documents and the exemption, if granted, will be accessible during UAS operations and 

made available to the Administrator upon request. 

9) Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited 

from operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations will be properly documented in the aircraft records. 
10) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

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

PIC who conducts the functional test flight will make an entry of the flight in the UAS aircraft records. 

11) The preflight inspection will account for all potential discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant sections of the operating documents. 

12) The operator will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

13) The operator will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts will be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized person returning the UAS 

to service. 

14) The UAS operated under this exemption will comply with all manufacturer Safety Bulletins. 

15) The authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 

16) The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification 

criteria, completes the operator’s UAS training, and demonstrates the ability to safely operate the UAS 

in a manner consistent with how the UAS will be operated under this exemption, if granted, including 

evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. 

18) UAS operations will not be conducted during night time, as defined in 14 CFR §1.1. All operations will

be conducted under visual meteorological conditions (VMC). 

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management will be made available to the Administrator 

upon request. 

20) 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. 

21) If the UAS loses communications or loses its GPS signal, the UA will return to a pre-determined 

location within the planned operating area and land, or be recovered in accordance with the operating 

documents. 

22) The PIC will abort the flight in the event of unpredicted obstacles or emergencies, in accordance 

with the operating documents. 

23) The PIC will not begin a flight unless there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining. 

24) Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA will comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

25) The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request. 

26) The UA will remain clear and yield the right of way to all manned operations and activities at all 

times. 

27) The UAS will not be operated by the PIC from any moving device or vehicle. 

28) The UA will not be operated over congested or densely populated areas.

29) Flight operations will be conducted at least 500 feet from all nonparticipating persons, 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 arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations will cease immediately and/or; b. The 

aircraft is operated near vehicles or structures where the owner/controller of such vehicles or structures 

has granted permission 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, and; c. Operations nearer to 

the PIC, VO, operator trainees, or essential persons do not present an undue hazard to those persons 

per § 91.119(a). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manuals for maintenance and use of safety check lists prior to each 

flight, an equivalent level of safety will be provided.

14 C.F.R. §91.119: Minimum safe altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, except for the limited conditions stated in 

the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a 

restricted area, where buildings and people will not be exposed to operations

without their pre-obtained consent. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

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.” The battery powering the sUAS 

provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations 

on the UAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes 

that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). 
Operating the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed 

of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere 

in its limited operating area. Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808.

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 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...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that 

the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Federal	Register	Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: Sierra Trading Post seeks an exemption from the 

following rules: 14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle (55 

pounds or less) for commercial cinematography and photography. As established by the UAS 

exemptions already granted by the FAA, allowing commercial operations of UASs in relation to 

cinematography will enhance safety by reducing risk. Conventional aerial cinematography operations, 

using turbine aircraft, operate at low altitudes and present the risks associated with aircraft that weigh 

around 4,000 pounds, and which carry large amounts of Jet A fuel. Such aircraft must also fly to and 

from the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries 

eliminates virtually all of that risk given the small size and lack of combustible fuel. The UAS is carried, 

and not flown, to location. In this regard, the UAS carries no passengers or crew and, therefore, will not 

expose them to the risks associated with manned flights.

The operation of UASs conducted in the strict conditions outlined will provide an equivalent level of 

safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, close 
to the ground, and in a sterile environment. As a result, they are far safer than conventional operations 

conducted with turbine helicopters carrying fuel and flying near the ground and people.

Privacy

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

knowledge. Filming will be only of people who have given their consent 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 within visual line of sight and national security) provide more than adequate 

justification to grant Sierra Trading Post’s requested exemption, allowing for Sierra Trading Post’s UAS 

commercial operations pursuant to the FOPM included herewith.

Appendix A

UAS	User	Manuals

(See additional attachments)