CALLAWAY GOLF COMPANY- SECTION 333 EXEMPTION REQUEST Page 1 of 3

January 11, 2016

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS) 

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

Aviation Regulations

Dear Sir or Madam

On behalf of Callaway Golf Company., and Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11, I Tony Regalmuto, Sr. Video Producer/Director, am seeking an 

exemption from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 

91.109, 91.119, 91.121, 91.151, and (91.401 - 91.417) Subpart E, of Title 14, Code of Federal Regulations 

(14 CFR). This proposed exemption would allow for the operation of our Unmanned Aircraft System’s 

(UAS): 

 DJI Inspire Pro

THE UNMANNED AIRCRAFT (UAS):

 The UAS is lightweight (under 55lb. gross weight), battery operated multi-rotor copter that takes

off and land vertically and has the ability to hover in one location during flight. 

THE UAS INCLUDES:

 An on-board flight computer with GPS navigation and location ability that receives signals for flight 

control from a ground-based transmitter/controller.

 An on-board camera or sensor package used to document physical and/or environmental 

conditions of structures and the natural environment. 

 An on-board telemetry system that delivers flight data from the on-board flight computer to the 

radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight 

and direction back to its launch site.

 A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all 

the flight data from the telemetry system described above.

THE GROUND STATION PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a mission from beginning to end, and who 

controls the UAS while in the air.

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UAS while in flight.

 Ground Station (computer, tablet or smart phone based app) which receives and displays video 

and system telemetry real time from the UAS.
CALLAWAY GOLF COMPANY- SECTION 333 EXEMPTION REQUEST Page 2 of 3

 A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UAS

while in flight.

PILOT IN COMMAND (PIC) AND VISUAL OBSERVER (VO):

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training.

I submit that the combination of the UAS light weight, flight performance and ability, fully qualified flight 

crew and strict operation under the guidelines established in 8900.227, and under all of the Restrictions 

listed above, the FAA can have full confidence that the operation will have an equivalent or greater level 

of safety than manned aircraft performing the same mission.

INTENDED USE / PUBLIC GOOD: 14 CFR § 11.81(d)

The requested exemption would allow us to use the UAS for aerial image acquisition to support analysis 

of our golf equipment and marketing efforts. Typical applications would include, but are not limited to: 

 Aerial Photography

 Videography/Film making

 Marketing

 Education 

The inherent ability of the UAS to capture imagery from a low altitude including oblique photos and video 

from several angles is complimentary but yet far more versatile than ground-based or boom based 

imagery for analyzing golf swing, club behavior, ball travel and so on. The applicant intends to use 

unmanned systems at our test facilities and on golf courses to enhance and market our products. The 

public will benefit as a result of this analysis through improved golf equipment.

PUBLIC SAFETY:

UAS are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel; they operate at lower altitudes (under 400’) with no people on board 

thereby reducing current risk levels and enhancing public safety. With a small payload and maximum flight 

time of approximately 20 minutes. UAS offer little or no risk to national security due to their size, payload 

capacity and flight duration. 

DJI models have their own built in failsafe functionality which will cause the UAS to return to its take-off 

location and land before the battery becomes empty, or the system loses communication. In addition,

DJI uses geo fencing technology to restrict flight operations where the FAA has mandated no fly zones 

such as: Airports, National Parks, and Stadiums. 

SUMMARY GRANT REQUEST:

This request follows many others using similar systems and process that have been granted previously. I 

am requesting the FAA issue a summary grant of exemption as this request would not set a precedent.
CALLAWAY GOLF COMPANY- SECTION 333 EXEMPTION REQUEST Page 3 of 3

 The reasons stated by the FAA for granting Exemption Nos. 13803, 13697, 13696, 13648, 13207, 

13004, 12557, 12369, 12366 and 12026 also apply to this request.

 A grant of exemption would be in the public interest (See above).

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may be found 

together with a proposed equivalent level of safety for each regulation:

- 14 CFR Part 21 Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2

- 14 CFR 91.9 Addendum Page 2

- 14 CFR 61.113, 61.133 Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14 CFR 91.151 Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact me at any time if you require additional information or clarification. I am the 

primary point of contact for this request and look forward to working with your office.

Sincerely, 

Tony Regalmuto

Sr. Video Producer/Director

Callaway Golf Company

Phone: 760-804-4015

Email: tony.regalmuto@callawaygolf.com

Addendum Containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Operations/Procedures

Appendix B – User’s Manuals
CALLAWAY GOLF COMPANY - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Tony Regalmuto, request an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operations of the DJI Inspire Pro

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

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 UAS to be utilized by the Petitioner, an 

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

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

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. The UAS to be operated 

hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor 

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

limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the Operator and will also remain within the requirements of, and in compliance with, 

local public safety requirements. These safety enhancements, which already apply to civil aircraft 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 demonstrates that 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 FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167A.
CALLAWAY GOLF COMPANY - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4

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 herein for the use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

14 CFR 91.9 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. We assume 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; the documentation would 

not be available to the crew during flight operations.

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

UAS Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station 

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

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 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 or Sport Pilot Certificate issued by the FAA, and have logged 5 hours of flight 

experience in this type of UAS, or

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." Since 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 

private pilot's license, we propose to generate an equivalent level of safety by requiring our 

pilots to complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private 

Pilot written examination in addition to completing the private pilot requirements. Since the

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

Subparagraph (b) even though the intent of this application is to conduct a business.
CALLAWAY GOLF COMPANY - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls."

The UAS ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the single set

of controls simultaneously. With both student and instructor having "hands-on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation 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.

In order to provide an equivalent level of safety The UAS will not be operated over congested areas or

over any open air assembly of persons without prior approval. Any property owner affected will be 

briefed on the expected route of flight and the associated risks to persons and property on the ground.

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. 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, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter Settings.

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

point is transmitted via radio from the UAS on-board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

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 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.

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

Each UAS is battery operated and the maximum duration of flight from a single battery charge is 22 

minutes with a 20% reserve. Since the aircraft will never fly more than 3⁄4 NM from the point of intended

landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy".
CALLAWAY GOLF COMPANY - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4

 14 CFR Subpart E (91.401 - 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 ser by a person authorized under 43.7" after maintenance

and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to ser." As provided in the Pre-Flight Checklist in Appendix A, the PIC will

ensure that the aircraft is in an airworthy condition prior to every flight. Maintenance performed by the

PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating

software and firmware for the on-board computer. All other maintenance will be performed by the

manufacturer or their designated repair facility. The PIC will document work performed in accordance

with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure

an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. And 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.

The UAS maximum gross weight are each less than 55lbs., are constructed primarily of plastic and carbon 

fiber. The PIC is not on board. 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. Therefore, requiring the PIC 

and VO to meet the same medical requirements as commercial pilot carrying passengersin a large aircraft 

is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and 

VO see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle. 
CALLAWAY GOLF COMPANY – APPENDIX A– FLIGHT OPERTIONS/PROCEDURES

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UAS will be operated under the following flight restrictions. 

OPERATIONAL FLIGHT RESTRICTIONS

The UAS will be operated in the field with both a PIC and a VO in accordance with and with the following 

Restrictions:

 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of 

no more than 25 knots and no further than 3/4 NM from the PIC;

 All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

by voice at all times during a flight operation;

 The PIC must have accumulated and logged, in a manner consistent with 14 CFR §61.51 (b), 10

hours of total time as a UAS rotorcraft pilot and at least 5 hours logged as a UAS pilot with a similar 

UAS type;

 The UAS will not be operated over densely populated areas; without prior approval;

 The UAS will not be operated over any open-air assembly of people; without prior approval;

 The UAS will not be operated within 5 NM of an airport or heliport; without prior approval;

 Operations will be restricted to day only and weather conditions equivalent to VFR; 

 The PIC will brief the VO and property owner about the operation and risk before operation;

 No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UAS is in a condition safe for flight.

PRE-FLIGHT CHECKLIST

Prior to operation preflight checklists provided by the manufacturer of the UAS will be followed. Below 

is such an example. 

1. Remote Controller, Batteries, Range Extender and smartphone/tablet are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Memory/Storage card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Smartphone/tablet can connect and communicate with UAS and/or payload.

TAKE OFF/LANDING PROCEDURES

Manufacturer recommended Takeoff and Landing procedures will be followed. The following is an 

example of such procedures: 

Place the UAS on ground with the battery level indicator facing you.

1. Power on base station.

2. Power on the remote controller.

3. Power on the payload (Camera/Sensor Package).
CALLAWAY GOLF COMPANY – APPENDIX A– FLIGHT OPERTIONS/PROCEDURES

4. Power on the aircraft.

5. Connect the base station to the UAS.

6. Ensure the base station is communicating/receiving data from the UAS and payload. 

7. Confirm GPS satellite lock.

8. Push the throttle stick up slowly to lift the aircraft off the ground. 

9. Verify remote controller and UAS are operating normally. 

10. Proceed with mission.

11. When landing, be sure to be hovering over a level surface. 

12. Pull down on the throttle stick gently to descend and land.

13. After landing the aircraft on the ground, keep the throttle stick at its lowest position until 

the motors stop. 

FAILSAFE FUNCTION

The UAS will enter Failsafe mode when the connection from the remote controller is lost. The flight control 

system will automatically control the aircraft to return to home and land to reduce injuries or damage. 

The following situations would make the aircraft fail to receive a signal from the remote controller and 

enter Failsafe mode:

1. If the drone loses GPS signal in a flight mode that requires GPS (loiter, auto, return-to-launch, 

guided), it lands automatically, as indicated by a blinking blue-and-yellow status LED and a highhigh-high-low tone. For best GPS-signal strength, always fly outside in an open area.

2. If the drone loses contact with the RC transmitter, it lands automatically, as indicated by a

blinking yellow status LED. If it loses RC signal during a mission, it returns to the launch point 

before landing.

3. If the battery reaches 25% charge, the drone lands automatically, as indicated by a blinking 

yellow status LED and a quick repeating tone. If the battery runs low during a mission, the drone 

returns to the launch point before landing.
CALLAWAY GOLF COMPANY – APPENDIX B– USERS MANUAL

APPENDIX B – USER’S MANUAL DJI INSPIRE PRO

The current User’s Manuals can be downloaded via the following link. 

Callaway Golf Company intends to keep a copy of the User’s Manual with the UAS at all times. 

DJI INSPIRE PRO

Upon request this will be provided