September 3, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

1200 New Jersey Avenue, Southeast 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

• '~ < 

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 (the 

"Reform Act" or "Section 333"), Subsection (f) of 49 U.S.C. § 44701, and 14 C.P.R. Part 

11, OzAir, LLC ("OzAir") seeks an exemption from the Federal Aviation Regulations 

("F ARs") listed below and discussed to allow it to operate two different small Unmanned 

Aircraft Systems (collectively, the "sUAS"): the DJI Phantom 3 and the DJI Spreading 

Wings S1000+. OzAir plans to use the sUAS for aerial inspection and documentation 

services as a service to clients of various industries. The services include aerial surveys 

and mapping, inspections and obtaining still photographs, video and other data collected 

through on board instrumentation. 

The safety and public benefits of using sUAS for commercial surveying and mapping, 

project documentation, and inspection services are significant. The sUAS reduce the need 

to operate manned aircraft in unconventional operations, provide more accurate data in a 

manner that is more safe, economical and efficient, and with a reduced impact on the 

environment. 

Operations pursuant to the exemption will be subject to operating requirements and 

conditions. The DJI sUAS have extensive automated control features, redundant 

systems, and integrated fail-safes, and will be operated under controlled conditions and at 

low altitudes in airspace defined to a controlled operating area. 

Though the sUAS may safely be operated by one person, flight operations performed 

pursuant to this exemption will consist of at least two people: a pilot-in-command (the 

"PIC") and visual observer. The PIC is responsible for the direct .and safe operation of the 

sUAS, monitoring its status and flight dynamics while maintaining visual line of sight 

and keeping the flight within the manufacturer's specified limits in terms of wind, flight 

range, battery life, etc. The observer will be responsible for monitoring the airspace for 

other aircraft and hazards, advising the PIC before and during flight of all such observed 

risks, and monitoring the controlled operating area. The PIC will be a certificated airman 

with private pilot privileges and limitations, and maintain a current third-class medical 

certificate. 
Applicant Information 

OzAirLLC 

Jeffrey D. Hancock 

Managing Member 

6353 Harbour Haven Drive 

Manhattan, Kansas 66503 

Ph: 785.587.4936 

Exemptions Requested 

OzAir respectfully requests exemptions from the following regulations: 

14 C.F.R. Part 21, Subpart H; 

14 C.F.R. § 91.7; 

14 C.F.R. § 91.9(b)(2); 

14 C.F.R. § 91.113; 

14 C.F.R. § 61.113(a), (b); 

14 C.F.R. § 61.133(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.151; 

14 C.F.R. § 91.203; 

14 C.F.R. § 91.405(a) and (b); 

14 C.F.R. § 91.407(a)(l); 

14 C.F.R. § 91.409(a)(1)-(2); and 

14 C.F.R. § 91.417(a). 

1. Airworthiness of the sUAS 

One element of the exemption application involves evidence of the airworthiness of the 

sUAS. OzAir and the manufacturers of the sUAS, DJI, believe that the sUAS have been 

shown to be airworthy and compliant with a significant level of safety. Many public 

agencies and organizations have received FAA permission to operate DJI aircraft 

commercially. As of July of 2015, more than 70 percent of Section 333 exemptions are 

related to DJI aircraft. These aircraft include the Phantom and Spreading Wings product 

lines. 

To enhance safety, it is also important to note that the sUAS are equipped with automated 

features which enhance safe takeoff, flight, and landing in many conditions, further 

details of which are provided in the descriptions of both aircraft included in the Appendix 

section of this request; and the Phantom 3 and S 1 000+ operational manuals provided by 

the manufacturer. 

To maintain airworthiness, OzAir will follow a regular inspection and maintenance 

program. That program is enhanced by several automatic checks performed by the sUAS. 

Malfunctions that occur during flight will be detected by the sUAS fault detection 

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systems, which communicate a fault warning to the PIC to take necessary action. For 

certain malfunctions and faults (i.e., lost communications), the sUAS will have been 

preprogrammed to automatically respond and land either at a designated location (e.g., a 

return-to-home or point of take-off) or in-place. In addition, OzAir will maintain 

emergency checklists for proper and safe malfunction responses that will be used by the 

PIC during operation of the sUAS. In the event of any malfunction, the sUAS will 

undergo all maintenance required by the manufacturer and undergo flight testing before 

recommencing commercial operations. 

2. Proposed Operations and Associated Conditions 

OzAir intends to use the sUAS that weigh significantly less than 55 pounds for the 

purpose of conducting aerial surveys and mapping of land, as well as aerial inspection 

and documentation of its projects. In the survey and mapping context, for example, the 

sUAS will be used to acquire photogrammetric or Light Detection and Ranging (LiDAR) 

datasets for use in land development and vertical infrastructure design. Similarly, OzAir 

plans to provide engineering-related inspection services with the sUAS to a number of 

industries. This includes, without limitation, the inspection of transportation 

infrastructure, the inspection of utility infrastructure, and the inspection of proposed 

future building sites. 

All sUAS operations will occur under tightly controlled conditions on public or privately 

owned land at the owner's request and consent, during daylight hours, and at altitudes 

below that which would pose a risk to other aircraft. The operations will take place in 

areas away from crowds and airports. Operations will remain within visual line-of-sight 

(VLOS) and below 400 feet AGL. In addition, OzAir will obtain a Certificate of Waiver 

or Authorization from the FAA Air Traffic Organization to address airspace requirements 

and provide notification by a Notice to Airman (NOT AM), if required. 

3. Operator Requirements 

OzAir will use a dedicated staff for the sUAS operations. As a condition to the grant of 

the exemptions, OzAir will require that the PIC hold a private pilot's certificate and a 

valid third class medical certificate. The PIC will have accumulated and logged a 

minimum number of flight cycles and hours for daytime operations, as necessary. The 

PIC will also be subject to the flight review requirements pursuant to the Federal 

Aviation Regulations ("F ARs"). 

The proposed PIC at the time of this request for exemption is Jeffrey Hancock. Mr. 

Hancock has accumulated more than 750 hours as a private, instrument rated pilot. He 

holds a valid third class medical certificate, is current in terms of flight reviews and 

instrument flight requirements, he flies manned aircraft on a regular and frequent basis, 

and unmanned DJI aircraft on a similarly regular and frequent basis non-commercially. 

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4. Public Interest 

The use of the sUAS in lieu of comparatively hazardous operations currently conducted 

with conventional fixed wing and rotary aircraft offers a net safety benefit and will 

achieve an enhanced level of safety, as mandated under Section 333(c) of the Reform 

Act. Approval of this application will also benefit the public interest by allowing better, 

safer, and more cost efficient information for that will be used in the interest of the public 

for both publicly and privately funded projects. 

Conventional aerial survey and inspection operations using manned aircraft involve 

heavy aerial aircraft that must transit from airports to the operational location, carrying 

significant amounts of combustible fuel, and a multi-person crew. The nature of 

surveying and inspection operations magnify the dangers of using conventional aircraft. 

By contrast, use of the sUAS is safe, economical and efficient. The Phantom 3 weighs a 

mere 2.9 lbs. and the Spreading Wings S 1 000+ weighs 24.3 lbs including maximum 

payloads, they operate on battery power, are carried to and from the area of activity, do 

not require an airborne crew, and pose less risk to people and infrastructure on the 

ground. sUAS operations also avoid the need for inspection personnel to risk their lives 

on buildings, bridges and other structures as well as in traffic to perform inspections. 

The grant of the requested exemption is in the public interest and benefit, including 

enhanced safety and cost savings to be realized as a result of the use of sUAS for aerial 

inspection and mapping services. Therefore, OzAir respectfully requests that the FAA 

grant the requested exemption without as soon as possible. 

Respectively Submitted, 

Attachments 

1. Exhibit A - Exemption Request & Level of Safety Equivalences 

2. Exhibit B- OzAir sUAS Operational Guidelines 

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EXHIBIT A 

EXEMPTION REQUEST 

& 

LEVEL OF SAFETY EQUIVALENCES 

14 C.F.R. Part 21, Subpart H: Airworthiness 

Certificates 14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 

21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR § 

91.203(a)(l). Given the very small size of the sUAS and the limited operating area 

associated with their utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

safer, than a conventional aircraft with an airworthiness certificate. The Phantom 3 

weighs 2.9 lbs. and the Spreading Wings S 1 000+ weighs 24.3 lbs., including maximum 

payloads. The sUAS do not carry a pilot or passenger, will not carry flammable fuel, and 

will operate exclusively within an area pre-disclosed and in compliance with conditions 

set forth herein. Operations under this exemption will be controlled and monitored by the 

operator, pursuant to the conditions set forth in the OzAir sUAS Operational Guidelines, 

the manufacturers' manuals, and by local public safety requirements. 

14 C.F.R. § 91.7(a)-(b); Civil Aircraft Airworthiness 

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. 

The FAA has concluded that no exemption is required under 14 C.P.R. § 91.7(a) to the 

extent that the requirements of Part 21 are waived or otherwise found inapplicable. 

OzAir therefore respectfully requests that the FAA find the requirements for section 

91.7(a) in accordance with the agency's determination on 14 C.P.R. Part 21, Subpart H. 

The agency similarly found that relief from section 91.7(b) is not warranted, which places 

responsibility on the PIC to ensure an aircraft is in a condition safe for flight. OzAir 

respectfully requests that the FAA find compliance with the manufacturer's manuals, the 

OzAir sUAS Operational Guidelines, and requirements of the grant of exemption, a 

sufficient means for ensuring the sUAS are and remain in an airworthy condition. 

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14 C.F.R. § 91.113; Right-of-Way Rules 

Section 91.113 requires that vigilance be maintained by each person operating an aircraft 

to see and avoid other aircraft. Unlike manned aircraft, the sUAS pilot is not on-board the 

aircraft to observe and avoid other aircraft, operating the sUAS from the ground. 

OzAir' s proposed operating conditions will achieve an equivalent or greater level of 

safety. All operations will involve two individuals-one certificated private pilot as the 

PIC and one visual observer who will monitor the immediate and surrounding airspace of 

the sUAS operation for potential obstruction hazards and other possible intrusions. The 

sUAS will also be limited to designated areas below 400 feet AGL and within a 

predefined area. 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; 

Pilot in Command; Commercial Pilot Privileges and Limitations. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this case are 

remotely controlled with no passengers or property of others on-board. Section 61.133(a) 

requires an individual with a commercial pilot's license to act as pilot in command of an 

aircraft for compensation or hire. 

OzAir respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. Here, the sUAS have a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the 

potential for operation outside of the operating conditions set forth in the OzAir sUAS 

Operational Guidelines and the exemption application. The small size, endurance, range 

and payload capacities of the sUAS mean that no passengers and/or cargo will ever be 

carried by the aircraft. Rather, commercial operations will be strictly limited to 

conducting aerial surveys and mapping, inspections and acquiring aerial imagery. 

Considering these conditions, operating limitations and restrictions, an equivalent level of 

safety will be provided by allowing operation of the sUAS by OzAir with individuals 

who possess a valid FAA private pilot certificate and Third Class medical certificate. The 

risks associated with the operation ofthe sUAS (given their small size, speed, operational 

capabilities and limitations, and lack of combustible fuel) are much less than manned 

aircraft. Operations of the sUAS in this case meets and exceeds the present level of 

safety provided under 14 C.P.R. § 61.113(a)-(b), and does not call for a commercial pilot 

certificate as set forth in § 61.13 3. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

91.119( c) limits aircraft flying over areas other than congested areas to an altitude of 5 00 

feet above the surface, except over open water or sparsely populated areas. In those cases, 

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the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. 

As set forth herein, the sUAS will not operate at higher than 400 feet AGL. The sUAS 

will, however, be operated to avoid congested or populated areas. Because aerial survey 

work must be accomplished at relatively low altitudes and at altitudes less than 500 feet 

AGL, an exemption from Section 91.119( c) is needed. The equivalent level of safety will 

be achieved given the size, weight, speed, and material with which the sUAS are built. 

Compared to operations conducted with aircraft or rotorcraft weighing far more than the 

sUAS, and carrying flammable fuel, any risk associated with these operations will be 

significantly less than those currently allowed with conventional aircraft operating at or 

below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will maintain 

separation from operations of conventional aircraft that must comply with Section 

91.119. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation 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." 

Both the Phantom 3 and Spreading Wings S 1 000+ are powered by removable, 

rechargeable, lithium-polymer batteries that provide approximately 23 and 15 minutes of 

powered flight respectively. Without an exemption from § 14 CFR 91.151, flight with 

either sUAS by OzAir would not be permissible. Given the limitations on the proposed 

operations and their locations, a shorter reserve for flight in daylight VFR conditions is 

reasonable. 

In the unlikely event that the sUAS should run out of power, each aircraft is designed to 

land on its own (e.g., an auto-land function is initiated upon a critical battery warning). 

Given their design, weight and construction material, the risks are less than contemplated 

by the current regulation. 

14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness 

Certificate and Registration 

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft at all times. Because the sUAS 

are small in size and contain no cabin or flight deck, carriage of such documents and 

manuals is impossible. 

The intent of these regulations is to ensure that the PIC has access to important 

documents during flight. Here, an equivalent level of safety is achieved if the PIC has 

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access to the applicable sUAS manual(s), registration certificate and other required 

documents at the site from which he or she is operating the sUAS. 

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

Section 91.405(a) requires 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. ... " Section 91.407 similarly makes reference to 

requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the 

issuance of an airworthiness certificate. Section 91.417(a) requires the owner or operator 

to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the 

aircraft for return to service. 

An equivalent level of safety will be achieved because the sUAS are small in size, are not 

complex mechanical devices, and the risk for significant damage to property or people is 

minimal. OzAir will perform all maintenance and inspections in accordance with the 

manufacturers' manuals and any required manufacturer Safety or Service Bulletins. In 

addition, the PIC will conduct a preflight inspection of the sUAS and all associated 

equipment to account for all discrepancies and/or inoperable components, pursuant to the 

OzAir sUAS Operational Guidelines. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the sUAS and no flights 

will occur unless and until all flight critical components of the sUAS have been found to 

be in a condition for safe operation. A functional flight test will be conducted following 

the replacement of any flight-critical components. 

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EXHIBITB 

OzAir sUAS Operational Guidelines 

1) Operations shall be limited to the following aircraft: the DJI Phantom 3 and DJI 

Spreading Wings S 1 000+ (collectively "sUAS"). Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant through the FAA. 

2) The sUAS shall not be flown at a ground speed exceeding 100 mph or no more than 

the maximum permissible operating speed required by the manufacturer, whichever is 

less. 

3) Above Ground Level ("AGL") altitude shall be restricted to 400 feet. All altitudes 

reported to Air Traffic Control ("ATC") shall be in feet AGL. 

4) The sUAS shall be operated within Visual Line-of-Sight ("VLOS") of the pilot-incommand ("PIC") and visual observer at all times. The PIC must use human vision 

unaided by any device other than corrective lenses, as specified on the PIC's FAA issued 

medical certificate. 

5) All operations must utilize a visual observer. The observer and PIC must 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 duration of the flight. The PIC must confirm 

that the visual observer can perform the functions prescribed. 

6) Any and all additional requirements identified in the exemption grant by the FAA shall 

be added to the OzAir sUAS Operational Guideline. 

7) Prior to each flight the PIC must inspect the sUAS to confirm that it is in a condition 

for safe flight. The PIC shall not operate the aircraft if the inspection reveals a condition 

that affects the safe operation of the sUAS until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. 

8) Any sUAS that has undergone maintenance or alterations that affect the sUAS 

operation or flight characteristics (e.g., replacement of a flight critical component) must 

undergo a functional test flight. 

9) The manufacturer's UAS aircraft/component maintenance, overhaul, replacement, 

inspection, and life limit requirements, with particular attention to flight critical 

components that may not be addressed in the manufacturer's manuals must be followed. 

1 0) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. The PIC must also meet the flight review requirements specified 

in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

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11) OzAir will not permit any PIC to operate the sUAS unless and until that PIC has 

demonstrated that he or she is able to safely operate the sUAS in a manner consistent 

with how the sUAS will be operated pursuant to this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

12) Prior to operation under exemption, the PIC must have accumulated and logged a 

minimum of 1 hour as sUAS pilot operating the sUAS and three take-offs and three 

landings within the preceding 90 days. 

13) The sUAS shall not be operated directly over any person, except authorized and 

consenting individuals, below an altitude that is hazardous to persons or property on the 

surface in the event of a sUAS failure or emergency. 

14) Operation of the sUAS must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures. 

15) Ifthe sUAS loses communications or loses its GPS signal, the sUAS must return to a 

pre-determined location. 

16) The sUAS must abort the flight in the event ofunpredicted obstacles or emergencies. 

17) All aircraft operated in accordance with the requested exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification 

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall 

be as large as practicable. 

18) Each sUAS must comply with all manufacturer System and Safety Bulletins. 

19) The preflight inspection shall account for all discrepancies (i.e., inoperable 

components, items, or equipment) not covered in the relevant pre-flight inspection 

sections of the manufacturer's operating manual. 

20) The radio frequency spectrum used for operation and control of the sUAS must 

comply with Federal Communication (FCC) or other appropriate government oversight 

agency requirements. 

21) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the 

operator on site any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request. 

22) The sUAS must remain clear and yield the right of way to all other manned 

operations and activities at all times. 

23) Operations shall occur under Visual Meteorological Conditions (VMC). 

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24) sUAS shall not be operated from any moving device or vehicle. 

25) sUAS shall 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. 

26) Operations shall not occur in congested or densely populated areas. The sUAS may 

not operate in Class B, C, D or E airspace without written approval from the controlling 

authority. Operations will not be conducted within a 5 NM range of the geographic center 

of an airport as denoted on a current FAA-published aeronautical chart unless permission 

has been obtained from the local control tower or, in the case of a nontowered airport, 

written notice has been provided to the airport's management, and the operation is 

conducted in accordance with a NOT AM as required by the grant of this exemption. 

27) Take-off and landing operations shall be conducted over private and/or controlledaccess property (i.e. no unauthorized persons). Permission from the landowner, 

controller, manager or authorized representative will be obtained for each flight to be 

conducted. 

28) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

29) UAS operations may not be conducted during night, as defined by 14 C.P.R.§ 1.1. 

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