July 8, 2015

Adair UAV LLC

Attn: George Marshall Bowers

135 Oakview Dr

Hudson Oaks, Texas 786087

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulationsfrom: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR

91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2);

14 CFR 91.417(a) and (b)

Dear Sir or Madam:

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

14 CFR Part 11, Adair UAV LLC, operator of an Unmanned Aircraft System (UAS), hereby applies for

an exemption from the listed Federal Aviation Regulations(“FARs”) to allow commercial operation

of its UAS, so 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.

This request is consistent with the previously approved exemption granted May 22, 2015 to V-Tail 

Aviation, Inc.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors,

would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, agriculture, engineering, and other related professional

activities.

 Aerial video and/or photography for public and/or private use including television,

public events, cinematography, and newsgathering.

 Aerial inspection/photography of residential/commercialstructures under contract

with the owners or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure

including but not limited to electrical power lines, wind turbines, and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue

operationsin cases of an emergency or natural disaster only when the local

authorities or government has requested it by contract or donation.

 The ability to offer training to persons individually or belonging to both private and/or

public organizationsthat have interestsin the use and application of a UAS for the

purpose of the safe operation of a UAS to enhance the safety of the National Airspace

System (NAS) as well as for the protection of the persons and property.
As described fully below, the requested exemption would permit the operation of a UAS under

controlled conditionsin the NAS that would be a) limited b) controlled c) predetermined and d) will

provide safety enhancementsto the already safe operationsin the industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the

Secretary of Transportation’s(the FAA Administrator’s) responsibilitiesto “....establish requirements

for the safe operation of such aircraft systems in the national airspace system”. The name and address

of the applicant is:

Adair UAV LLC

Attn: George Marshall Bowers, Director of Operations/Owner

Phone: 904-589-8410

Email: george@AdairUAV.com

Address: 135 Oakview Dr, Hudson Oaks, Texas 786087-3625

Regulationsfrom which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Adair UAV LLC will operate the DJI Phantom 3 and the ATI AgBot. The UAS specification data sheets have 

has been attached with the submission for review.

The applicant will operate the UAS in line of sight within a closed off and predetermined area owned

and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided, the proposed operations

will adhere to the Reform Act’s safety requirements. The approval of this application presents no

nationalsecurity issues. Regarding the level of safety surrounding the proposed operations, public

benefit, reduction in environmental impacts, and including, but not limited to reduced emissions and

noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant

requeststhat the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These

limitations and conditionsto which the applicant agrees to adhere to when conducting commercial
operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM)

include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer

(VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and

not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may 

include but not limited to a Camera Operator.

 The UAS pilot will be a Pilot in Command (PIC) holding an FAA Sport pilot or higher-level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, the ability to safely operate herein designated 

UAS systems.

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities.

 All flights will occur under Visual Flight Rules Meteorological Conditions(VFR) only.

 The flights will occur no closer than a 5-mile radius of the geographic center/Airport Reference

Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5-mile radius of the geographic center/Airport Reference Point (ARP)

of a tower controlled or uncontrolled airport, the respective airports will be contacted advising

them of the estimated flight time, flight duration, elevation of flight and other pertinent

information.

 The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission of the FSDO,

operations at closer range may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up-to-date information for 

the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

 Written and/or verbal permission and permits will be obtained from territorial,state, county, or

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have 

the capability to return to a pre-determined location within a designated location and land 

autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirementsfor 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

demonstratesthat 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.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be

tightly controlled and monitored by both the operator, under the requirements, and in compliance with

local public safety requirements. These safety enhancements provide a greater degree of safety to the

public and property owners than conventional operations conducted with airworthiness certificates

issued under 14 C.F.R. Part 21, Subpart H.

Lastly, application of these same criteria demonstratesthat there is no credible threat to national

security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on

limited, restricted or light-sport category aircraft, or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited,"

"restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed, as the

UAS will have no entrance to the cabin, cockpit, or pilot station on which the word “Experimental”

can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level

of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the UAS will see the identification of the UAS as

“Experimental”.

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Adair UAV LLC to the extent necessary to allow a Pilot in 

Command (PIC) holding a Sport pilot or higher level certificate, as well as an airman medical certificate, 

and who has demonstrated by meeting minimum flight- hour and currency requirements, be able to 

safely operate the DJI Phantom 3 and the ATI AgBot UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 
14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requiresthat 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 would exist for determining airworthiness. Given the size of the

aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety

will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which

an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual

material, markings, and placards, or any combination thereof. The UAS, given its size and

configuration has no ability or place to carry such a flight manual on the aircraft, not only because

there is no pilot on board, but also because there is no room or capacity to carry such an item on

the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under

Normal Proceduresincluding but not limited to reviewing weather, flight battery requirements,

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon)

that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has approved exemptionsfor flight training without fully functional dual

controlsfor a number of aircraft and for flight instruction in experimental aircraft. The equivalent

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft

and by the size and speed of the aircraft.

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 UAS 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, the UAS will never operate at higher than 400 AGL

with the exception that in circumstances where the UAS is used to survey or photograph a structure
whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest

point on the structure. It will however be operated in a restricted area with security perimeter, where

buildings and people will not be exposed to operations without their pre-obtained consent. The

equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner or local

officials. Because of the advance notice to the property owner and participantsin the filming activity, all

affected individuals will be aware of the planned flight operations. Compared to flight operations with

fueled aircraft or rotorcraft weighting far more than the maximum of 55 lbs., it is proposed that any risk

associated with these operationsis far less than those presently presented with conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must comply with Section

91.119.

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 altimetersetting

available before departure”. As the UAS 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 safety check list and live flight data monitoring, confirming the altitude of the launch site

shown on the GPS altitude indicator before flight.`

14 C.F.R. § 91.151(a): Fuel Requirementsfor 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 UAS provides approximately 30 minutes of powered flight. To meet the 30

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10

minutesin 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

twilight VFR conditionsis reasonable. Applicant believesthat an exemption from 14 CFR §91.151(a)

falls within the scope of prior exemptions. Operating the 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 UAS flights to

10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant

believesthat 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 UAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation providesin pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within

it the following: (1) An appropriate and current airworthiness certificate. . . .
(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the

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

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the

ground control point where the pilot flying the UAS will have immediate access to them; to the

extent they are applicable to the UAS.

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

These regulationsrequire 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 discrepanciesrepaired 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. An equivalent level of safety will be achieved because the

UAS is very limited in size and will carry a small payload and operate only in restricted areas for a 

limited period of time. If mechanical issues arise, the UAS can land immediately and will be

operating from no higher than 400 feet AGL. 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. An

equivalent level of safety will be achieved because maintenance and inspections will be performed

in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator

will ensure that the UAS is in working order prior to initiating flight and perform required

maintenance needed.

Additional Information

The applicant, George Marshall Bowers - owner/manager of Adair UAV LLC, has been involved in the

military and civilian aviation sector for more than 25 years. George was a Flight Engineer in the military and 

currently holds an FAA airframe and powerplant license. George has a degree in Aviation Maintenance and was 

a repair station manager/mechanic for several years returning Fixed Wing Jet aircraft and Helicopters 

back to service after major overhauls and maintenance in accordance with FAA regulations. George has

been building and flying UAV’s since his childhood and has an in-depth understanding of the capabilities,

safety concerns, and overall positive impact this technology will have on communities. Content provided

herein should meet grantee exemption criteria in accordance with Section 333 of the Reform Act of 

2012.

Sincerely,

George Marshall Bowers