AirshotsNC LLC

Section 333 Exemption Request

Dear applicable parties:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14

C.F.R. Part 11, AirshotsNC LLC, operator of Unmanned Aircraft Systems (“UAS”) equipped to offer ondemand commercial UAS operations for a host of industries and applications. These include:

• Real Estate videography and photography,

• Utility-power generation system inspections and patrolling,

• Filmmaking, cinematography, and videography,

• Precision agriculture,

• Wildlife and forestry monitoring,

• Aerial surveying,

• Construction site inspection and progress monitoring, and

• Public Entity Support Operations.

AirshotsNC 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.

As described more fully below, the requested exemption would permit the operation of small, unmanned

and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited 2) predetermined

3) controlled as to access and 4) would provide safety enhancements to the already safe operations

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

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for

the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform

Act.

The name and address of the applicant is:

AirshotsNC LLC

Edward R Brophy III

4909 Dewars Circle

Wilmington, NC

28409

Ph: 910-279-9612

Email:ebrophy@airshotsNC.com
Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 61.113(a)

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

To the extent that the FAA believes that additional relief is required for AirshotsNC to conduct the 

operations described here, we request an exemption from any such regulatory provisions as well.

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion

of the rulemaking required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the

public or pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and

operational capability; • Operation of the UAS in close proximity to airports and populated areas; and •

Operation of the UAS within visual line of sight of the operator. Reform Act

§ 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the

national airspace system.” Id. §333(c) (emphasis added) Applicant interprets this provision to place the

duty on the Administrator to not only process applications for exemptions under section 333, but for the

Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act

expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes

exempting civil aircraft, as the term is defined under §40101 of the Act that includes UAS, from the

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14

CFR §91.203 (a) (1). Green Bee UAS are rotorcraft, weighting 55 or fewer lbs. including payload. They

operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and

move in the vertical and horizontal plane simultaneously. They will operate only in line of sight

and will operate only within a sterile area. Such operations will insure that the UAS will “not create a

hazard to users of the national airspace system or the public.” Reform Act Section 333 (b). Given the

small size of the UAS involved and the restricted sterile environment within which they will operate, the

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress

envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence
immediately. Also due to the size of the UAS and the restricted areas in which the relevant UAS will

operate, approval of the application presents no national security issue. Given the clear direction in

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit,

including enhanced safety, reduction in environmental impacts, including reduced emissions associated

with allowing UAS, the grant of the requested exemptions is in the public interest.

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without

delay.

AIRCRAFT AND SAFETY PROCEDURES

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe operations conducted with

conventional aircraft. These limitations and conditions to which Green Bee agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

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

25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet

above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and/or the

Camera Operator. 6. UAS pilot will be an FAA licensed airman with a private, commercial, and

instrument pilot’s certificate.

7. The exemption and all other documents will be present, or rapidly available during operations

8. The UAS will only operate within a confined “Sterile Area” of the flight operations area.

9. A preflight check list will be used and a test flight will be conducted before operations, to ensure the

functionality of controls, motors, compasses, gyros, and GPS systems.

10. The operator will obtain the consent of all persons involved and ensure that only consenting

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30

feet based upon an equivalent level of safety determination.

11. No flights will be conducted during night, as defined in CFR 1.1

12. Observer and pilot will at all times are able to communicate by voice and/or text.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. All required permissions and permits will be obtained from territorial, state, county or city

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

15. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a

pre-determined location within the Security Perimeter and land.

16. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
17. The UA will 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.

18. Before flight weather conditions will be taken into consideration. No flights will be conducted in rain,

thunderstorms, low power conditions, and high winds.

19. All aircraft will have identification numbers and will be displayed as large as practicable.

20. The PIC will keep the UA away from all manned aviation operations

21. No operations will take place within five nautical miles from a controlled airport.

The UAS operated

AirshotsNC operates both a 3DR Solo and a DJI Phantom UAS. Both the Solo and Phantom utilize and 

have fail safe modes. The fail safe mode ensures that when there is a low voltage scenario, or when

loss of radio communication takes place the UAV will return to its point of takeoff and land. Both

systems have been tested for this and work properly.

Both the Solo and Phantom have a GPS position hold installed in them. If for any reason the operator

stops inputting direction into the controller the UAV will hold its position until further input is provided.

Insuring the aircraft will not fly away from its desired position.

Before each flight the operator will conduct preflight assessment of the UAV, using a preflight check list.

Ensuring that:

-proper authorities have been contacted and made aware of operations

-all screws and bolts are tight on the body of the UAV

-all motors and rotors are secure and rotating properly

-landing gear is stable

-cameras and gimbals are secure and working properly

-rotor arms are secure and properly in place

-GPS signal is secured

-compass, location, and altimeter are properly functioning After

lift off:

-GPS hold position is working properly

-all controls in all directions are working

-gimbal is still working

-FPV monitor is working without interference

In summary, I seek an exemption from the FARs set forth above to allow commercial operations of a

small unmanned vehicle conducting precision aerial surveys.

Approval of the exemption allowing commercial operations of the Phantom and Solo for precision survey

work will enhance safety by reducing risk. Conventional aerial survey operations, using jet or pistonpowered aircraft present risks associated with vehicles that weigh in the neighborhood of 5,000
to 7,000 lbs, carry large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must

fly to and from the survey location. In contrast, the Phantom and Solo both weighing no more than 10 lbs

and powered by batteries eliminates a portion of that risk given the reduced mass and lack of combustible

fuel carried on board. The Phantom and Solo are carried to the survey location, not flown there. The

Phantom and Solo will carry no passengers or crew and, therefore, will not expose any individuals to the

risks associated with manned aircraft flights.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size,

load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other

dangerous materials, the proposed UAS pose no threat to national security.

The Phantom and Solo satisfaction of the criteria set forth in Section 333 of the Reform Act— size, weight,

speed, operating capabilities, lack of proximity to airports and populated areas, operation within visual line

of sight, and national security, provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of the Phantom and Solo in the commercial precision

agriculture and golf course business.

Thank you,

Edward R Brophy III

Pilot/Owner AirshotsNC LLC

4909 Dewars Circle

Wilmington, NC

28409

ebrophy@AirshotsNC.com
3DR Solo Description and Specifications:

Solo	is	a	quad-rotor	aerial	vehicle	powered	by	the	3DR	Pixhawk	2	autopilot	system	and	APM:Copter	flight	control	software.	Solo	

communicates	with	the	controller	and	Solo	app	over	the	3DR	Link	secure	Wi-Fi	connection.

Autopilot:	3DR	Pixhawk	2

Flight	code:	ArduPilot	Copter

Control:	3DR	Solo	Controller

Wireless	communication:	3DR	Link	1.0

Frequency:	2.4	GHz

Height:	10	in.	(25	cm)

Motor-to-motor	dimension:	18	in.	(26	cm)

Propulsion:	880	KV	motors,	two	clockwise	rotating	motors	and	

two	counterclockwise	rotating	motors

Propeller:	10	in.	x	4.5	in.	(25	cm	x	11.4	cm)

Weight	with	battery:	3.3	lbs.	(1.5	kg)

Controller	battery	life:	3	hours

Extended	controller	battery	life:	6	hours

Controller	battery:	Li-ion	2600	mAh	7.2	Vdc	(5200	mAh	for	extended	battery)

Power:	Electric	(rechargeable	lithium	polymer	battery)

Battery:	Lithium	polymer,	5200	mAh,	14.8	Vdc

Battery	weight:	1	lb.	(.5	kg)

Estimated	flight	time:	25	minutes*

Maximum	altitude:	328	ft.	(100	m)

Range:	.5	miles**	(.8	km)

Payload	capacity:	1.1	lbs.	(500	g)

Cruise	speed:	5.7	mph	(2.5	m/s)

Maximum	speed:	55	mph	(25.5	m/s)

Maximum	climb	rate:	11	mph	(5.0	m/s)

Maximum	descent	rate:	5.5	mph	(2.5	m/s)

Headwind	limitation:	25	mph	(11	m/s)

Crosswind	limitation:	25	mph	(11	m/s)

Camera:	Streaming	video	compatible	with	GoPro®	HERO	3,	3+	or	4	

Full	compatibility	with	GoPro®	HERO	4

Solo	app	compatibility:	iOS	8.0	or	later	/	Android	4.3	or	later

Operating	temperature:	32°	F	- 113°	F	(0°	C	- 45°	C)

Operating	relative	humidity:	0-85%	RH

*Flight	time	varies	with	payload,	wind	conditions,	elevation,	temperature,	humidity,	flying	style,	

and	pilot	skill.	Listed	flight	time	applies	to	elevations	less	than	2,000	ft	above	sea	level.

**Range	varies	with	location,	antenna	orientation,	background	noise	and	multi-path.
Phantom	3 Specifications:

Aircraft

Weight	(Including	Battery	And	Propellers):	1280	g

Diagonal	Size	(Including	Propellers):		590	mm

Max	Ascent	Speed:	5	m/s

Max	Descent	Speed:	3	m/s

Hover	Accuracy:	Vertical:	+/- 0.1	m	(when	Vision	Positioning	is	active)	or	+/- 0.5	m

Horizontal:	+/- 1.5	m

Max	Speed:	16	m/s	(ATTI	mode,	no	wind)

Max	Service	Ceiling	Above	Sea	Level:	6000	m	(Software	altitude	limit:	120	m	above takeoff	point)

Operating	Temperature:	0°C	to	40°C

GPS	Mode:	GPS/GLONASS

Camera Sensor:Sony	EXMOR	1/2.3”	Effective	pixels:	12.4	M	(total	pixels:	12.76	M)

Lens:	FOV	94°	20	mm	(35	mm	format	equivalent)	f/2.8,	focus	at	∞

ISO	Range:	100-3200	(video)	100-1600	(photo)

Shutter	Speed:	8s	-1/8000s

Image	Max	Size:	4000	x	3000

Still	Photography	Modes:	Single	Shot

Burst	Shooting:	3/5/7	shots

Auto	Exposure	Bracketing	(AEB):	3/5

Bracketed	Frames	at	0.7EV	Bias Time-lapse

Video	Recording	Modes

Phantom	3	Professional

UHD:	4096x2160p	24/25,	3840x2160p	24/25/30

FHD:	1920x1080p	24/25/30/48/50/60

HD:	1280x720p	24/25/30/48/50/60

Phantom	3	Advanced

2.7K:	2704	x1520p	24/25/30	(29.97)

FHD:	1920x1080p	24/25/30/48/50/60

HD:	1280x720p	24/25/30/48/50/60

Supported	SD	Card	Types:	Micro	SD

Max	capacity:	64	GB.	Class	10	or	UHS-1	rating	required

Max	Bitrate	Of	Video	Storage

Phantom	3	Professional

60	Mbps

Phantom	3	Advanced

40	Mbps

Supported	File	Formats:	FAT32/exFAT

Photo:	JPEG,	DNG

Video:	MP4,	MOV	(MPEG-4	AVC/H.264)

Operating	Temperature:	0°C	to	40°C

Gimbal Controllable	Range:	Pitch	-90°	to	+30°

Stabilization:	3-axis	(pitch,	roll,	yaw)

Vision	Positioning

Max	Velocity:	Less	than	8	m/s	(when	2	m	above	ground)

Operating	Environment:	Surface	with	clear	pattern	and	adequate	lighting	(Lux	>	15)

Remote	Controller Operating	Frequency:	2.400	GHz-2.483	GHz

Max	Distance:	Up	to	5	km	or	3.1	miles	(unobstructed,	free	of	interference)	when	FCC	compliant

Up	to	3.5	km	or	2.1	miles	(unobstructed,	free	of	interference)	when	CE	compliant
Video	Output	Port:	USB

Operating	Temperature:	0°C- 40°C

Battery:	6000	mAh	LiPo	2S

Mobile	Device	Holder:	For	tablet	or	phone

Receiver	Sensitivity	(1%PER):	-101	dBm	±2	dBm

Transmitter	Power	(EIRP):	FCC:	20	dBm;	CE:	16	dBm

Working	Voltage:	1.2	A	@7.4	V

Battery	Charger Voltage:	17.4	V

Rated	Power

Phantom	3	Professional

100	W

Phantom	3	Advanced

57	W

Intelligent	Flight	Battery Capacity:	4480	mAh

Voltage:	15.2	V

Battery	Type:	LiPo	4S

Energy:	68	Wh

Net	Weight:	365	g

Max	Flight	Time:	Approximately	23	minutes

Operating	Temperature:	-10°C	to 40°C

Max	Charging	Power:	100	W

App	/	Live	View:	Mobile	App DJI	GO

EIRP:	100mW

Power	Spectral	Density:	6.9mW/MHz

Live	View	Working	Frequency:	2.4GHz	ISM

Live	View	Quality:	720P	@	30fps	(depending	on	conditions	and	mobile	device)

Latency:	220ms	(depending	on	conditions	and	mobile	device)

Required	Operating	Systems:	iOS	8.0	or	later;	Android	4.1.2	or	later

Recommended	Devices

iOS:	iPhone	5s,	iPhone	6,	iPhone	6	Plus,	iPad	Air,	iPad	Air	Wi-Fi	+	Cellular,	iPad	mini	2,	iPad	mini	2	Wi-Fi	+	

Cellular,	iPad	Air	2,	iPad	Air	2	Wi-Fi	+	Cellular,	iPad	mini	3,	and	iPad	mini	3	Wi-Fi	+	Cellular.	This	app	is	

optimized	for	iPhone	5s,	iPhone	6,	and	iPhone	6	Plus

Android:	Samsung	tabs	705c,	Samsung	S6,	Samsung	S5,	Samsung	NOTE4,	Samsung	NOTE3,	Google	Nexus	

9,	Google	Nexus	7	II,	Ascend	Mate7,	Nubia	Z7	mini,	SONY	Z3	EXPERIA,	MI	3,	MI	PAD

*Support	for	additional	Android	devices	available	as	testing	and	development	continues.