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PSA Announcement for Exemption Holders – Part 91.403(b) – sUAS News – The Business of Drones

admin by admin
August 30, 2022
in News


It would appear that even with prior warnings, numerous exemption holders do not have exemptions for all of the regulations needed to comply. Again, these waiver inconsistencies counter the FAA’s safety of the NAS mantra and charge. Sometimes I feel like I’m the only person with his eye on the ball with these FAA waiver issues since the “Amazing” Grogan moved on to greener pastures.

As of the beginning of August, at least 48 exemptions were defective. These exemptions are missing
91.403(b). Some of you want to take advantage of the timely announcement and find a new huckster or
hawker capable of the old cut and paste at one of the drone shows. I’d caution the reader to ensure that the new ‘expert” carries malpractice insurance. No one wants to get the you’re grounded call when the
contracted client has a crop in the field.

And this should not have caught anyone off guard. On May 12, 2021, sUAS News broke the story 

Can You Cut And Paste Your Way To Big Drone Money?   

Just to refresh your memory, “Question 2. Should a company petition for an exemption for 91.405 (a); 91.407 (a) (1); 91.409 (a)(1); 91.417(a) & (b) also petition for an exemption from 91.403(b)? Answer: Yes. The FAA has determined that 14 CFR Part 91, Sub Part E  (“Maintenance, Preventative Maintenance, and Alterations”) applies to UAS operations conducted under the general operating and flight rules of Part 91. Operators that are unable to comply with the requirements of Sub Part E , including § 91.403(b), should file a petition for exemption asking for relief from applicable requirements and should show why granting the petition is in the public interest and would not adversely affect safety. 

Question 3. If a company failed to obtain an exemption from 91.105(a)(2) and 91.403(b) and performed
maintenance not according to Part 43 or without the services of an FAA certificated Airframe and Powerplant mechanic, would that unmanned aircraft flight under Part 91 be legally compliant? Answer: As
noted above, § 91.105(a)(2) does not apply to UAS operations that occur under Part 91. As a result, relief
from § 91.105(a)(2) is not necessary. As for the applicability of § 91.403(b), operators should petition for
exemption from § 91.403(b) unless they will fulfil all requirements of Sub Part E and Part 43.

The FAA has, however, issued some exemptions that lack this relief but provide relief from various other
provisions in Part 91, Sub Part E , such as the regulations listed in Question 2, above. Section 91.403(b)
specifies that the prohibition applies only to maintenance not performed in accordance with applicable
regulations. 

Maintenance that occurs in accordance with existing exemptions is legally compliant as long as a petitioner complies with all conditions and limitations of the exemption the petitioner holds. For an abundance of clarity, the FAA is now including relief from § 91.403(b) in each exemption that contains relief from any provision of Sub Part E , provided that operations occurring under a grant of such relief remain in the public interest and do not adversely affect safety.”

It’s not just the hayseed bunch, but HSE-UAV, Harris Aerial LLC, Rocoza LLC, Hylio Inc., and Google Research Climate and Energy Group.I guess these companies, consultants, and attorneys were not readers of sUAS News. Well, maybe those folks were too busy reading up on drone selfies? Some were filed by do-it-yourselfers, some consultants, some attorneys. The complete list is down below.

The FAA did put some people on notice of this. Lisa Ellman of Hogan Lovells filed a petition for exemption for BFD Systems LLC and the  FAA granted the exemption  saying, “While the petitioner did not request relief from 14 CFR § 91.403(b), the FAA has determined such relief is necessary as in the Overwatch Aero Grant of Exemption No. 18596.” 

Kelly Neubecker of UASolutions Group Inc. filed the petition for exemption for Dronexum and the  FAA granted the exemption on May 21, 2021which said, “the original petition nor the petition for amendment included a request for relief from said section. However, the FAA has determined that 14 CFR part 91, subpart E (“Maintenance, Preventative Maintenance, and Alterations”) applies to UAS operations conducted under the general operating and flight rules of part 91. This is consistent with FAA’s determination in Exemption 18596, FAA-2018-0857, issued to Overwatch Aero, LLC. Since the petitioner is unable to comply with the requirements of subpart E, including 91.403(b), the relief is necessary.” The FAA clued Dronexum and Neubecker into the need for 91.403(b). 

The dockets down don’t show Neubecker going back and fixing things for her clients down below.

This situation should serve as a teachable Damocles moment for the rest of us bag-holders who can’t afford the cut-and-paste consultants with or without malpractice insurance. The FAA doesn’t appear to be notifying people (yet), so consider this PSA a heads up for the rest of us.
@TheDroneDealer on Twitter

Exemption Number Docket Issue Date Expiration Date  Name Consultant/Attorney Company/Lawfirm
18558 FAA-2020-0083 5/14/2020 5/31/2022 Granted Remote Agri Drone LLC Kelly Neubecker UASolutions Group, Inc
18563 FAA-2020-0235 5/28/2020 6/30/2022 Granted UNMANNED AERIAL CROP SOLUTIONS, LLC Kelly Neubecker UASolutions Group, Inc
18599 FAA-2020-0232 8/20/2020 9/30/2024 Granted Rosedale AG Services, LLC Kelly Neubecker UASolutions Group, Inc
18658 FAA-2020-0487 11/30/2020 12/31/2022 Granted Jones Drone Spraying LLC Kelly Neubecker UASolutions Group, Inc
18755 FAA-2021-0040 3/31/2021 4/30/2023 Granted RiceTec, Inc. Kelly Neubecker UASolutions Group, Inc
18776 FAA-2020-1150 4/18/2021 4/30/2023 Granted Alpha Drones USA, Inc.
18779 FAA-2019-0275 4/26/2021 4/30/2023 Granted Leading Edge Associates, Inc.
18785 FAA-2020-1162 5/7/2021 5/31/2023 Granted Spinks Aerial Spraying Solutions, LLC
18200A FAA-2018-1049 5/11/2021 5/31/2023 Granted Coastal Spray Kelly Neubecker UASolutions Group, Inc
18795 FAA-2020-0386 5/13/2021 5/31/2023 Granted Google Research Climate and Energy Group Kelly Neubecker UASolutions Group, Inc
18793 FAA-2021-0115 5/14/2021 5/31/2023 Granted PMG Vegetation Control Kelly Neubecker UASolutions Group, Inc
17936D FAA-2017-1157 5/19/2021 5/31/2023 Granted DroneSeed Co. Lisa Ellman Hogan Lovells
18799 FAA-2020-0121 5/19/2021 5/31/2023 Granted Rocoza LLC Sam Rockwell
18806 FAA-2021-0060 5/25/2021 6/30/2023 Granted AV-8 ORR Helicopter Services Kelly Neubecker UASolutions Group, Inc
18810 FAA-2020-0290 5/26/2021 6/30/2023 Granted UAS United States Department of Agriculture – Agricultural Research Service
18807 FAA-2020-0035 5/26/2021 6/30/2023 Granted Hylio Inc.
18815 FAA-2021-0181 6/20/2021 6/30/2023 Granted ABC Drones Kelly Neubecker UASolutions Group, Inc
18835 FAA-2020-0520 6/22/2021 6/30/2023 Granted Aerial Drone Applications
18838 FAA-2019-0762 6/23/2021 7/31/2023 Granted AgrowSoft, LLC dba AgrowDrone
18831 FAA-2020-0382 6/23/2021 6/30/2023 Granted Empire Drone Company, LLC
18821B FAA-2020-1125 6/25/2021 6/30/2023 Granted AgriSprayDrones, LLC Kelly Neubecker UASolutions Group, Inc
18844 FAA-2020-0628 7/9/2021 7/31/2023 Granted UAS United States Department of Agriculture Animal Plant Health Inspecion Services Plant Protection and Quarantine
18034C FAA-2018-0604 7/22/2021 6/30/2023 Granted HSE-UAV Kelly Neubecker UASolutions Group, Inc
18837 FAA-2019-0922 8/5/2021 6/30/2023 Granted Moose Aye Bye LLC
18815A FAA-2021-0181 8/20/2021 6/30/2023 Granted ABC Drones Kelly Neubecker UASolutions Group, Inc
18884 FAA-2021-0488 8/23/2021 9/30/2023 Granted Blue Ocean Quest 2, LLC Kelly Neubecker UASolutions Group, Inc
18878 FAA-2021-0391 8/23/2021 9/30/2023 Granted Sheahan, Inc. Kelly Neubecker UASolutions Group, Inc
18907 FAA-2021-0524 9/28/2021 9/30/2023 Granted Empire Drone Co. LLC John McGraw
18914 FAA-2021-0006 10/4/2021 10/31/2023 Granted Harris Aerial, LLC Kelly Neubecker UASolutions Group, Inc
18919 FAA-2021-0149 10/8/2021 10/31/2023 Granted Garman UAV Kelly Neubecker UASolutions Group, Inc
18709A FAA-2020-0886 10/18/2021 9/30/2023 Granted Lenoc Chemical Solutions, Inc.
18709A FAA-2020-0886 10/18/2021 9/30/2023 Granted Lenoc Chemical Solutions, Inc.
18923 FAA-2021-0588 10/19/2021 10/31/2023 Granted  Ocean Air Helicopters, Inc. Kelly Neubecker UASolutions Group, Inc
18792A FAA-2021-0118 10/20/2021 5/31/2023 Granted King Ranch Kelly Neubecker UASolutions Group, Inc
18792A FAA-2021-0118 10/20/2021 5/31/2023 Granted King Ranch Kelly Neubecker UASolutions Group, Inc
18855 FAA-2020-0731 10/25/2021 11/30/2023 Granted Aerial Influence, LLC
18940 FAA-2021-0748 11/9/2021 11/30/2023 Granted Vector Disease Control International
18942 FAA-2021-0702 11/12/2021 11/30/2023 Granted Midwest Agri Drone, LLC Nancy Potter Lyle, Esq. Murphy, Taylor, Siemens & Elliott P.C.
18944 FAA-2021-0556 11/15/2021 11/30/2023 Granted Outlaw AG Service, LLC
18821B FAA-2020-1125 11/16/2021 11/30/2023 Granted AgriSprayDrones, LLC Kelly Neubecker UASolutions Group, Inc
18952 FAA-2021-0777 11/30/2021 11/30/2023 Granted Outlaw Ag Services, LLC Kelly Neubecker UASolutions Group, Inc
18967 FAA-2019-0385 12/6/2021 1/31/2024 Granted Integrated AG Services, Inc Kelly Neubecker UASolutions Group, Inc
18813A FAA-2021-0078 1/12/2022 1/1/1900 Granted Volitant Technologies
18813 FAA-2021-0078 1/12/2022 1/31/2024 Granted Volitant Technologies
18993 FAA-2021-0926 1/24/2022 1/31/2024 Granted Bayer CropScience, LP
19136 FAA-2019-0006 6/9/2022 6/30/2024 Granted Stehly Grove Management

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