Sylph Ltd. Exemption Request Under Section 333 – Page 1

July 7, 2015

Ryan Ellis 

PO Box 1362 

Lyons, CO

80540

Cell: 303-717-7519

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

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

Aviation Regulations

Dear Madam or Sir,

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

14 C.F.R. Part 11, Sylph Ltd., a member-owned limited company, seeks an exemption from the 

Federal Aviation Regulations (“FARs”) listed below:

 14 C.F.R. Part 21

 14 C.F.R. 45.23

 14 C.F.R. 45.29

 14 C.F.R. 61.23

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a) & (b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.9

 14 C.F.R. 91.109(a)

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203

 14 CFR Subpart E (91.401 - 91.417)

The requested exemption would authorize unmanned aircraft operations using the DJI Inspire 1 

platform for precision aerial image capture and video applications by Sylph Ltd., in the United 

States. These operations will be subject to strict operating requirements and conditions defined by 

the safety code of the Academy of Model Aeronautics and regulations set for entities which have 

already achieved similar exemptions by the FAA under Section 333 in order to ensure at least an

equivalent level of safety to currently authorized operations using manned aircrafts. 

Sylph Ltd. is a member-owned limited company operating in the greater CO and VA area at present 

with ambition to expand. Our mission is to provide top quality aerial imagery to satisfy the emerging 

need for industry sectors such as, but not limit too, real estate brokers, search and rescue 

operation, wildlife and forestry management, aerial 3d mapping and surveying, and special private 

events. 
Sylph Ltd. Exemption Request Under Section 333 – Page 2

The unmanned aspect of aerial imaging techniques and technology de-escalates the 

endangerment to human life by low and slow flight and allows a safe and cost-effective acquisition 

of close-up aerial images.

The DJI Inspire 1 will be operated by an individual (PIC) who fulfills the following requirements:

 Has a sport pilot license or greater PPL

 Has demonstrated competency with no less than 25 flights

 Operated in diverse environments

 Has a log of these flights

 Has a valid driver’s license

Under this exemption, the operator would agree, if requested, to contact the FAA in order to 

provide the FAA with the details of the related missions and provide assurance that training and 

maintenance requirements are met.

CHARACTERISTICS OF THE AIRCRAFT

 DJI Inspire 1 uses multi counter-rotating propellers for extreme balance, control and stability. 

 It weighs less than 55 pounds, including camera or other equipment. 

 Is designed to primarily hover in place and operate at less than an 80 knot maximum speed. 

 Is capable of vertical and horizontal operations. 

 In addition to the remote control pilot, DJI Inspire 1 uses a camera operator, such that, at 

minimum, two Sylph Ltd. personnel govern the safe flight of an DJI Inspire 1 aircraft at all times. 

 Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. 

 Monitoring software provides the pilot with real-time battery capacity levels to ensure enough 

capacity to return home safely. 

 Safety systems in place include a GPS mode that allows the DJI Inspire 1 to hover in place if 

communication with the radio control pilot is lost. Further, the DJI Inspire 1 can be programmed to 

slowly follow a predetermined set of waypoints to return to a safety point (or home) if 

communications are lost. 

. 

APPLICABLE LEGAL STANDARD UNDER SECTION 333

 Airworthiness assessment of the DJI Inspire 1

The DJI Inspire 1 represents some of the latest of the higher end of commercial technology for UAS 

and specifically quad rotor aircraft. It was designed and rigorously tested to meet and exceed 

industry standards. The DJI Inspire 1 platform meets the specific requirements for FAA and FCC 

radio frequency requirements and radios are placarded as standard when distributed from 

manufacturer. 

Please find the attached PDF file from the manufacturer describing the specifications, flight 

characteristics, maintenance manual and tables for the DJI Inspire 1.

 Operating Conditions

Grant of the exemption to Sylph Ltd. for use of the DJI Inspire 1 will be subject to the following

operating conditions, based on the operating conditions set forth by the Academy of Model 

Aeronautics (see Annex B). The main restrictions are summarized below:
Sylph Ltd. Exemption Request Under Section 333 – Page 3

1. Operations to be conducted over private, controlled-access, or public property where 

approved. 

2. Permission from the land owner/authority required before commencing any flight. 

3. Operations over congested areas shall be avoided.

4. Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times

5. Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight 

hours

6. Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually 

monitored at all times;

7. Visual Line of Sight operations with an optional observer to assist as required. 

8. Flight ceiling pre-programed at 400 feet;

9. All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at 

the airport;

10. All operations shall comply with required permissions and permits established by territorial, 

state, county or city jurisdictions; including local law enforcement, fire, or other appropriate 

governmental agencies.

11. The DJI Inspire 1 operations will be compliant with existing safety procedures inherent to 

the activities of the related company.

In addition, Sylph Ltd. will adhere to new regulations for UAS’s as outlined in already granted FAA 

Section 333 exemption certificates, to include but not limited to: speed restrictions, flight ceilings, 

proximity to restricted areas, aircraft, high dollar, or human and livestock space separation 

requirements, inclement weather conditions, etc.

 Operator Requirements

The DJI Inspire 1 is an ultra-light UAV platform characterized by top quality design, a high level of 

pre-programmed controls, and various built-in technical capabilities (programming of a geo-fence, 

automatic wind detection, ground and peripheral sensors) that restrict the operator from deviating 

from the operating limits of the aircraft. Flights can be pre-programmed with GPS guidance which

do not require human intervention. In the case of unplanned events, either the autopilot reacts 

immediately or the operator can choose between different pre-programmed or manual actions. 

Those procedures include a Flight Termination System (emergency landing procedure triggered by 

the autopilot or the PIC: given its very light weight, the DJI Inspire 1 will initiate a gliding approach 

to the ground at very low speed around the current location).

 OPERATING PROCEDURES

Sylph Ltd. will implement rigid adherence to operational standards for its DJI Inspire 1 mission operations 

which will include, but are not limited to: 

 Pre-flight inspections of aircraft: in accordance with manufacturers recommendations to also 

include visual inspection of all flight and control surfaces. 

 Mission planning and site overview: a physical “walk through” of the operation area to identify 

obstacles, inclement weather, reference points, and to develop a plan of action for the impending 

flight. This time will be utilized to also coordinate with certified visual observers the plan of actions 

and brief 3rd party participants or bystanders of the potential risks and flight characteristics of the 

UAS.

 Post flight debriefs with clientele and certified observers utilized in conducting the safe operation of 

the UAS within the specified operating area.
Sylph Ltd. Exemption Request Under Section 333 – Page 4

 Regular field and shop maintenance in accordance with manufacturer’s recommendations and 

pilots/managements inspections of the UAS.

Sylph Ltd requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the DJI Inspire 1:

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

14 CFR § 91.203(a)(1)

Section 91.203 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). Given the size of the DJI Inspire 1, its 

very light weight and the limited operating area associated with its utilization, it is unnecessary to 

go through the certificate of airworthiness process under Part 21 Subpart H in order 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. An analysis of these different criteria demonstrates that the 

DJI Inspire 1

operated without an airworthiness certificate, under the conditions proposed in that exemption, will 

be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" 

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. 

Given the size of the DJI Inspire 1 this requirement is impossible to match.

14. CFR §61.23 Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate.

(2) Must hold at least a second class medical certificate when piloting.

Given the fact that the UAS is unmanned, the size and structure, the limited flight area, and the 

safety features integrated in the autopilot (among others the Flight Termination System), Sylph Ltd. 

believes that an Equivalent Level of Safety can be reached or is unnecessary if the operator has a 

valid driver’s license.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

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

Command; Commercial Pilot Privileges and Limitations
Sylph Ltd. Exemption Request Under Section 333 – Page 5

Sylph Ltd. expects it’s pilots to have a valid Sport Pilot License or greater whilst conducting 

commercial operations.

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition.

To minimize possibility for flight complications and IFE’s Sylph Ltd. will implement rigid adherence 

to operational standards for its DJI Inspire 1 to include: pre and post-flight inspections, mission

planning and overview, and regular maintenance criteria in accordance with manufacturer’s 

recommendations and pilots/managements inspections of the UAS.

14 C.F.R. § 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, but the 

documentation would not be available to the crew, as there is no flight crew on board.

The equivalent level of safety will be achieved by keeping a digital copy of the DJI Inspire 1 user

manual loaded on the tablet or phone displaying imagery which a pilot or cameraman may access 

at all times.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

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

instruction unless that aircraft has fully functioning dual controls."

Flight instruction for new company pilots will be accomplished through a training program, first 

using the DJI Inspire 1’s simulator software. The use of experienced and qualified instructors

familiar with the DJI Inspire 1 and peripheral soft and hardware will then utilize the dual controllers 

to safely conduct training flights. Further certification of a sport pilot license will allow other pilots to 

act as PIC when conducting missions for Sylph Ltd. and to meet current FAA standards.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the DJI Inspire 1 will be operating 

at a maximum of 400 feet AGL, Sylph Ltd. cannot comply with this requirement.

Safe operations in lieu of this regulation will be achieved as the missions will only be conducted

over private property with the permission of the landowner or agent. Also before every flight, the 

operator will define a working area radius and a flight area ceiling, preventing the DJI Inspire 1 to 

go beyond the flight area. The landowner and the persons who may be on the ground in the flight 

area will be briefed of the expected route of flight and the associated risks to persons and property 

on the ground. Due to the small size of the DJI Inspire 1 and its specific safety procedures (among 

others ground detection), the hazard to persons, vessels, vehicles, and structures is not 

comparable to manned aircraft and should be considered in granting the exemption. Moreover, the 

aircraft will not be operated over congested areas or over any open-air assembly of persons. 

14 CFR 91.121 – Altimeter settings
Sylph Ltd. Exemption Request Under Section 333 – Page 6

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the DJI Inspire 1 autopilot calculates the reference altitude 

(ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are 

then used to calculate the altitude in-flight.

14 C.F.R. § 91.151(a): 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.

Given the area of operation for the DJI Inspire 1, Sylph Ltd. believes that an equivalent level of

safety is already achieved with the specific procedure preventing the DJI Inspire 1 to accept a takeoff order if the battery level is below a given value. Moreover, onboard software has integrated 

“low” and “critical” battery level warnings and implemented a “return to Home” (and “Go Land”) 

actions in these situations.

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

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

 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.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the operator at the ground 

control station in the flight box and available for inspection upon request. In order to identify the 

aircraft, we propose the operator will have his PPL and driver’s license available on request.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 

require the aircraft to be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an 

airworthiness certificate. Section 91.417 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.

Sylph Ltd. proposes that the maintenance of the DJI Inspire 1 will be accomplished by the owner or 
Sylph Ltd. Exemption Request Under Section 333 – Page 7

the operator according to the DJI Inspire 1 user and maintenance manual. Proportional safety will 

be achieved because the DJI Inspire 1 is small in size, it is not a complex mechanical device and 

does carry any external payload. Moreover, the operator is the person most familiar with the aircraft

and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level 

of safety. Finally, before every flight, the DJI Inspire 1 automatically runs a sequence of pre-flight 

tests to make sure that every sensor and every critical part is operating properly. If a problem is 

detected, the DJI Inspire 1 will display an error message on the main screen of viewer. The PIC 

can then refer to the DJI Inspire 1 user manual to troubleshoot this issue. Several parts of the DJI 

Inspire 1 are easily interchangeable (propellers, wings), which allows the operator to make sure the 

wings and propulsion system are always airworthy when a mission is initiated. A comprehensive 

test flight to demonstrate airworthiness after replacement parts or regular maintenance is 

performed will be conducted.

4. CONCLUSION

Summary Sylph Ltd. seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 

45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 

C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 

14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 14 C.P.R.§ 91.409 (a)(2); and, 14 

C.P.R.§§ 91.417 (a) & (b) to commercially operate DJI Inspire 1 to conduct economic flights for aerial 

survey, law enforcement , first responders, search and rescue, etc. 

As Sylph Ltd. operates it’s DJI Inspire 1 at low altitudes, in a user controlled airspace, and as there are no 

people on board the aircraft it therefore substantially negates the likelihood of injury, damage, or death to 

property or real persons. Sylph Ltd. with its DJI Inspire 1, weighing less than 55 pounds and traveling at 

speeds lower than 80 knots, in cordoned off areas, will provide at least an equivalent level of safety as that 

achieved under current FARs. 

Sylph Ltd. respectfully requests that the FAA grant its exemption request without delay. The FAA has the 

authority to issue the exemption sought by Sylph Ltd. pursuant to the Federal Aviation Act, 85 P.L. 726 

(1958), as amended (the "Act"). By~~ Anthony J. Marino President 

Yours sincerely,

Ryan Ellis

Sylph Ltd. Chief Executive Officer and PIC