OffTheGround

Phoenix,	Arizona	85013

Phone:	602-689-9552	

Email:	jammon@offtheground.build

Date:	June	1,	2015

U.S.	Department	of	Transportation,	Docket	Operations	

West	Building	Ground	Floor,	Room	W12-140	

1200	New	Jersey	Avenue,	SE	

Washington,	DC	20590	

Dear	Sir	or	Madam:

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

Reform	 Act),	 OffTheGround	 herby	 applies	 for	 an	 exemption	 from	 the	 Federal	

Aviation	 Regulations	 identified	 herein	 to	 allow	 for	 the	 commercial	 operation	 of a

small	unmanned	aerial	vehicle (i.e.,	UAV) for	the	purposes	of	site	documentation	and	

videography	 of	 developed	 and	 undeveloped	 commercial	 property	 for	 developers,	

brokers,	 architects and	 construction	 professionals	 in	 airspace	 regulated	 by	 the	

Federal	Aviation	Administration	(FAA) in	Maricopa	County,	Arizona.

OffTheGround’s	 operation	 under	 this	exemption	will	 be	 subject	 to	 strict	 operating	

requirements	 and	 conditions	 to	 ensure	 an	 equivalent	 level	 of	 safety	 to	 currently	

authorized	 operations	 using	 manned	 aircraft	 and	 under	 conditions	 as	 may	 be	

modified	by	 the	FAA	as	required	by	Section	333.		Furthermore,	OffTheGround	will	

be	 operated	 under	 controlled	 conditions	 at	 low	 altitudes	 that	 are	 permitted	 in	

accordance	with	OffTheGround’s	Certificate	of	Authorization	(COA).		

This	exemption	would	permit	the	commercial	operation	of	the	UAV DJI	Phantom	2	

Vision	 +.	 	 Additional	 specifications,	 checklists	 and	 training	 guides are	 included	 as

appendices in	this	submittal. 		

The	applicant	contact	information	is:

• OffTheGround

• Attn:	Jonathan	J	Ammon

• Telephone:	602-689-9552

• Email:	Jammon@offtheground.build

• Address:	301	McLellan	Blvd,	Phoenix,	Arizona	85013

OffTheGround	contends	that	this	application	satisfies	the	conditions	and	criteria	set	

forth	in	Section	333	of	the	Reform	Act,	that	the	operations	described	herein	benefit	

the	 public	 interest	 as	 a	 whole	 and	 that	 the	 use	 of	 UAVs	 for	 commercial	 site	

documentation for	 developers,	 brokers,	 architects	 and	 construction	 professionals	

meets	 or	 exceeds	 the	 level	 of	 safety	 currently	 experienced by	 traditional	 manned	

aircraft	 utilized	 for	 these	 purposes.	 	 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” in Section	 333(c)	 of	 the	
Reform	
  Act. OffTheGround	
  is	
  thankful	
  for	
  the	
  Federal	
  Aviation	
  Administration’s	
  time	
  

and	
  consideration.	
  

Respectfully,	
  

Jonathan	
  Ammon,	
  Registered	
  Architect	
  

Founder,	
  OffTheGround	
  
For	your	convenience,	OffTheGround	has	organized	this	exemption	request	in	

the	following	format:

I. Regulations	for	which the Exemption	is	Required

II. Statutory	Authority	for	Requested	Exemptions

III. OffTheGround	Background	Information

IV. Proposed	Operations

a. Operation	Locations	and	Environments

b. Operating	Conditions	and	Limitations

c. Operator	Certification	and	Requirements

d. UAV Registration,	Markings	and	Requirements

V. Public	Benefit	and	Public	Interest

VI. Discussion	of	Requested	FAR	Exemptions

I. Regulations	for	which	the	Exemption	is	Required

OffTheGround	requests	exemption	from	the	following	regulations:

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

• 14 C.F.R §45.23(b)–Display	of	Marks

• 14	C.F.R	§45.27(a)–Location	of	Marks	Non	Fixed-Wing	Aircraft

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

Command

• 14	C.F.R §	91.7	(a)	– Civil	Aircraft	Airworthiness

• 14 C.F.R	§91.9(b)(2)&(c)–Civil	Aircraft	Flight	Manual

• 14 C.F.R	§91.103–Preflight	Action

• 14	C.F.R §	91.109	(a)	– Flight	Instruction

• 14 C.F.R	§91.119–Minimum	Safe	Altitudes

• 14	C.F.R §	91.121	– Altimeter	Settings

• 14 C.F.R	§91.151(a)(1)	- Fuel	Requirements	for	Flight	in	VFR	(Visual	Flight	

Rule)	Conditions

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

Registration

• 14	C.F.R §§	91.405	(a),	91.407	(a)(l),	91.409	(a)(2),	91.417	(a)	& (b)	–

Maintenance	Inspections

II. Statutory	Authority	for	Requested	Exemptions

This	petition	for	exemption	is	submitted	in	accordance	with	Section	333	of	the	

Reform	Act.	Congress	has	directed	the	FAA	“to	safely	accelerate	the	integration	

of	civil	unmanned	aircraft	systems	into	the	national	airspace	system.”	Pursuant	

to	Section	333	of	the	Reform	Act,	the	FAA	Administrator	is	to	permit	operation	

of	an	unmanned	aircraft	system	where	it	does	not	create	a	hazard	to	users	of	the	

National	Airspace	System	(“NAS”)	or	the	public	or	pose	a	threat	to	national	

security	based	on	the	following	considerations:

• The	size,	weight,	speed	and	operational	capability

• Operation	in	proximity	to	airports	and	populated	areas

• Operation	within	visual	line	of	sight	of	the	operator
Furthermore,	the	Federal	Aviation	Act	grants	the	FAA	Administrator	general	

authority	to	grant	exemptions	from	the	agency’s	safety	regulations	and	

minimum	standards	when	the	Administrator	decides	a	requested	exemption	is	in	

the	public	interest.		A	party	requesting	an	exemption	must	explain	the	reasons	

why	the	exemption:	(1)	would	benefit	the	public	as	a	whole,	and	(2)	would	not	

adversely	affect	safety	or	how	it	would	provide	a	level	of	safety	at	least	equal	to	

the	existing	rules.

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,	from	the	requirement	

that	all	civil	aircraft	must	have	a	current	airworthiness	certificate	and	those	

regulations	requiring	commercial	pilots	to	operate	aircraft	in	commercial	service:	

• The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	

regulation	prescribed	under	subsection	(a)	or	(b)	of	this	section	or	any	of	

sections.	

III. OffTheGround	Background	Information

OffTheGround	will provide safe,	efficient	and	outstanding	aerial	imaging	and	

videography	 services	 to	 clients	 in	 the	 following	 industries:	 commercial	

property	development,	brokerage,	architecture and	construction.

The	 founder,	 Jonathan	 J	 Ammon,	 is	 a	 license	 architect	 and	 budding	

commercial	 developer	 in	 Phoenix,	 Arizona.	 	 He	 has	 worked	 in	 the	

construction	 management	 industry	 as	 a	 Virtual	 Design	 and	 Construction	

(VDC)	 Engineer	 and	 Manager for	 4	 years.	 	 He	 has	 also	 led	 the	 virtual	

coordination	 and	 construction	 of	 architecture,	 structural	 and	 mechanical,	

electrical	and	 plumbing	 systems	on	 13	 commercial	 projects	 throughout	 the	

United	Stated.		VDC	is	a	market	niche	focused	on	developing	and	utilizing 3-

Dimensional	 visualization	 software	 and	 technology	 to	 enable	 collaboration	

among	designers,	architects,	engineers	and	builders.		Jonathan	obtained	his	

construction	 OSHA	 30	 accreditation	 for	 safety	 operations	 (Occupational	

Safety	 &	 Health	 Administration)	 in	 2014,	 his	 architectural	 license	 in	 2015	

and	 has	 given	 numerous	 construction	 tours	 of	 buildings	 throughout	 the	

United	States.

Similar	 to	 the	 primary	 goals	 and	 intentions	 of	 construction	 firms,	

OffTheGround	 takes	 a	 ‘Safety	 First’	 approach	 to	 all	 of	 its	 endeavors	 in the	

UAV	operations	industry.
IV. Proposed	Operations

OffTheGround	 is	 requesting	 exemptions	 from	 the	 Federal	 Aviation	

Regulations	(the	“FARs”)	stated	herein	pursuant	to	Section	333	of	the	Reform	

Act	 in	 order	 to	 document	 both	 developed	 and	 undeveloped	 commercial	

property	 throughout	 Maricopa	 County	 for	 developers,	 brokers,	 architects	

and	construction	professionals	utilizing	the	UAV DJI	Phantom	2	Vision	+.

Site	 documentation	 of	 predetermined,	 developed, undeveloped	 and	 desert	

areas	are	currently	performed	 by	 three	main	methods:	 (1)	manned-aircraft

(2)	on	foot	or	(3)	3rd party	software	such	as	Google	Earth or	Maricopa.gov’s	

Plat	 Maps.	 	 In	 many	 cases,	 each	 of	 the	 aforementioned	 methods	 can	 be	

replaced	 or	 augmented	 by	 using	 a UAV	 to	 perform	 site	 studies and	

documentation opportunities.		The	UAV	can	provide	all	or	a	combination	of	

(1)	 better	 results (2)	 improved,	 more	 specified	 and	 greater	 visualization	

coverage (3)	 increased	 worker	 and	 public	 safety	 and	 (4)	 decreased	 costs	

over	 the	 current	 visualization	 and	 documentation	 methods.	 	 Please	 see	

Section	V	Public	Benefit	and	Public	Interest	for	additional	information.

OffTheGround	 will	 operate	 their	 UAVs with	 a	 gimbal	 mounted	 highresolution	camera.		The	camera	will	acquire	still	photographs	and/or	 video	

of	 existing	 structures,	 vacant	 land in	 both	 urban	 and	 desert	 environments

and	current construction	sites.		The	documentation	work	and	UAV	operator	

will	be	completed	by	owner	and	 founder	 Jonathan	Ammon	using	a	live	 feed	

from	 the	 UAV’s	 attached	 camera.	 	 The	 images	 and	 videos	 will	 then	 be	

categorized	and	cataloged	 for	OffTheGround’s	clients.		All	documented	sites	

will	be	predetermined,	controlled	as	to	access	and	provide	a	safer	option	to	

aircraft	or	on-foot activity.

A. Operation	Locations	and	Environments

OffTheGround	 will	 operate	 a	 lightweight	 2.75	 pound	 battery	 operated	 4-

motor	 DJI	 Phantom	 2	 Vision	 + to	 document	 commercial	 properties

throughout	 Maricopa	 County	 for	 developers,	 brokers,	 architects	 and	

construction	 professionals.	 	 The	 locations	 and	 environments that	

OffTheGround	will	document include the	following:

o Existing	structures

o Empty	urban	lots

o Construction	Projects

o Open	desert

B. Operating	Conditions	and	Limitations

OffTheGround	 operators	 will	 abide	 by	 the	 following	 conditions	 and

requirements:

(a) The	safe	operation	of	the	UAV	(the	DJI	Phantom	2	Vision+)	will	be	the	

first	priority	before,	during	and	after	every	operation

(b) As	a	majority	of	Maricopa	County	airspace	is	classified	as	Type	B,	the	

UAV	will	not	exceed	an	altitude	of	over	400	feet with	a	constant	Visual	

Lines	of	Site	(VLAS)	maintained	by	the	Pilot	in	Command	(PIC)	and	a	

Visual	Observer	(VO)
(c) The	UAV	will	not	exceed	an	air	speed	of	25mph	

(d) All	 required	 permits	 will	 be	 obtained	 from	 state	 and	 local	

governments	and	agencies prior	to	operation	if	necessary

(e) Flight	operations	will	be	conducted	only	between	the	period	of	official	

sunrise	and	sunset			

(f) All	flights	will	include	both	a	PIC	and	a	VO.		For	the	foreseeable	future,	

the	only	PIC	will	be	Jonathan	Ammon	(founder	and	owner)	

(g) Any	additional/future	UAV	operators	employed	by	OffTheGround	will	

have	been	granted	a	UAV	Commercial	Operating	License	through	the	

Federal	Aviation	Administration	(FAA)	

(h) Any	PIC	will	be	trained	in	 flight,	operations	and	safety	procedures	as	

detailed	 in	 Appendix	 A,	 titled	 Phantom	 2	 Vision	 Plus	 Pilot	 Training	

Guide and	the Phantom	2	Vision	Plus	User	Manual.		No	operations	by	a	

PIC	 will	 be	 allowed	 until	 Jonathan	 J	 Ammon	 has	 confirmed	 that	 the	

documents	in	Appendices	A	and	D	are	read	and	fully	comprehended	

(i) The	 PIC	will	 not	 operate	 a	 UAV	 should	 he	 or	 she	 know	(or	 has	 any	

reason	 to	 know)	 of	 any	 physical	 or	 mental	 condition	 that	 would	

interfere	with	the	safe	operation	of	the	UAV	

(j) The	PIC	and	VO	will	at	ALL	times	have	their	vision	unaided	by	any	

device	with	the exception of	corrective	lenses		

(k) The	PIC	and	VO	will	operate	and/or	observe	only	one	UAV	at	a	time	

(l) The	PIC	and	VO	will	at	all	times	be	able	to	communicate	by	voice	

(m) The	PIC will	brief	the	VO	and	property	owner	about	the	operation	and	

risk	before	the	first	flight	at	each	new	location

(n) Prior	to	every	flight,	the	PIC	and	VO	will	assess	weather	conditions	

using	FAA	approved	weather	sources	and	direct	weather	observation,	

will	check	airspace	restrictions	and	will	assess	 the	location	of	people	

and	property	to	minimize	any	risks	if	he	or	she	loses	control	of	the	

UAV.		

(o) Prior	to	every	flight,	the	PIC	and	VO	will	complete	a	Pre-Flight	

Inspection checklist	to	ascertain	that	the	UAV	is	in	a	condition	safe	for	

flight.		The	PIC	and/or	VO	will	document	the	time,	date	and	location	of	

every	flight.	Please	see	Appendix	B	titled Pre-Flight	Checklist

(p) Prior	to	every	flight,	predetermined	potential	landing	zones	will	be	

identified	and	briefed	by	the	operator,	observers	and	participating	

persons	prior	to	flight

(q) At	the	end	of	each	flight,	the	PIC	and	VO	will	document	the	time,	date	

and location of	the	UAV	flight.		Please	see	Appendix	C	titled Post-Flight	

Checklist

(r) A	UAV	post-flight	inspection	will	also	be	completed	as	an	added	level	

of	safety.		Please	see	Appendix	C	titled Post-Flight	Checklist

(s) At	no	time	shall	the	UAV	be	operated	with	missing	or	manufacturer	

unapproved	parts,	or	in	any	condition	that	could	pose	a	hazard	to	any	

other	aircraft	or	structure	or	person	on	the	ground.		

(t) OffTheGround will	utilize	GPS	location based	technology,	an	auto	

return	home	function	and	will	never	operate below	a	20%	battery	

capacity or	a	25	minute	flight	time	(whichever	comes	first)	

(u) OffTheGround will control	the	UAV	with	a	Ground	Station	based	2.4	
(u) OffTheGround will control	the	UAV with	a	Ground	Station	based	2.4	

GHZ	radio	transmitter	while	in	flight.		The	radio	receiver	will	receive	

live	video	and	flight	data	from	the	on-board	camera	and	computer.		

This	will	be	projected	onto	an	iPad	screen	for	the	PIC	and	VO	to	view	

during	flight		

(v) OffTheGround	will	restrict	its operations	to	flights	over	property	with	

the	 permission	 of	 the	 property	 owner	 and/or	 representative.	 	 All	

onsite	 personnel	 will	 consent	 to	 the	UAV flyover	 on	 site	 by	 waiver,	

and	the	operator	will	obtain	additional	verbal or	written	consent	of	all	

persons	who	will	be	within	100	feet	of	flight	operation

(w) OffTheGround	will	confer	with	the	participating	parties	regarding	any	

known	hazards	or	abnormal	operating	conditions	that	OffTheGround	

may	 consider	 pertinent	 to	 UAV operations.	 	 Should	 any	 hazards	

and/or	conditions	be	identified,	they	will	be	documented	in	Appendix	

B titled Pre-Flight	Checklist

(x) OffTheGround	will	operate at	a	lateral	distance	of	no	more	than	100	

feet	from	any	inhabited	structure,	building,	vehicle,	vessel	or	people	

not	associated	with	the	operation	or	who	have	not	signed	a	waiver	in	

advance	of	the	operation.

(y) OffTheGround	 will	 not	 operate	 over	 non-participating	 persons	 and	

properties.

(z) OffTheGround	will	not	operate	over	densely	populated	areas

(aa) OffTheGround	will	not	operate	at	air	shows

(bb) OffTheGround	will	not	operate	at	during	construction	hours.		So	as	to	

minimize	the	risk	injury,	any	and	all	UAV	operations	will	be	limited	to	

end	 of	 day	 operations	 when	 construction	 operations	 are	 not	 taking	

place.

(cc) OffTheGround	will	not	operate	over	heavily	trafficked	roads

(dd) OffTheGround	will	 not	 operate	within	 5NM	 of	an	airport	 (please	 see	

the	 included	 graphic	 that	 shows	 a	 5NM	 radius	 from	 the	 center	 of	

Phoenix	Sky	Harbor	International	airport).		Should	the	opportunity	to	

operate	 the	 UAV within	 a	 5NM	 radius	 of	 the	 airport,	 OffTheGround	

will	request	and	acquire	the	necessary	permitting	and	documentation	

from	any	and	all	involved	agencies	(ex	– Police/Fire	Departments)

(ee) OffTheGround	will	not	operate	in	restricted	airspace,	or	areas	under	

current	Temporary	Flight	Restrictions	(TFRs).	

(ff) The	UAV utilized	will	weigh	less	 than	10	lbs	(the	current	UAV	in	use	

has	a	maximum	takeoff	weight	of	approximately	2.9	pounds).			For	the	

foreseeable future,	any	UAV drone	investments	will	be	similar	 to	 the	

DJI	Phantom	2	Vision+ product

(gg) The	UAV will	yield	the	right-of-way	to	other	aircraft,	manned	or	

unmanned.	If	there	is	a	risk	of	a collision,	the	operator	will	

immediately	maneuver	away.	 Furthermore,	the	PIC	will	discontinue	

the	flight	when	continuing	would	pose	a	hazard	to	other	aircraft,	

people	or	property
C. Operator	Certification	and	Requirements

OffTheGround	 operators	 will	 abide	 by	 the	 following	 conditions	 and	

requirements:

(a) Operators	 will	 hold	 an	 exemption	 from	 the	 Federal	 Aviation	

Regulations	pursuant	to	Section	333	of	the	Reform	Act.

(b) Operators	will	be	18	years	of	age	or	older

(c) Operators	will	make	available	 to	 the	FAA,	upon	request,	 the	UAV for	

inspection	or	testing.	

(d) Operators	 will	 maintain	 a	 log	 of	 flights	 as	 practicable	 for	 future	

currency	or	flight	logging	requirements

(e) Operators	will	report	an	accident	to	the	FAA	within	10	business	days	

of	 any	 operation	 that	 results	 in	 damage	 to	 property,	 other	 than	 the	

UAV,	estimated	to	exceed	$20,000	(including	materials	and	labor).

(f) OffTheGround	 will	 abide	 by	 any	 regulations	 passed	 that	 require	

additional	permits,	variances,	licenses,	insurance,	bonding	&/or	other	

requirements	 of	 that	 nature.	 	 As	 local	 municipality	 laws	 will	 vary	

within	 greater	 Maricopa	 County,	 OffTheGround	 will	 follow	 letter	 of	

the	law	of	the	respective	areas	per	the	location	of	each	flight.

D. UAV Registration,	Markings	and	Requirements

All	 OffTheGround	 UAVs will	 be	 registered	 and	 marked	 according	 to	 the	

following	conditions	and	requirements:

(a) All	 UAVs to	 be	 operated	 by	 OffTheGround	 will	 be	 maintained	 in	

condition	for	safe	operation

(b) All UAVs	will	be	inspected	prior	to	flight	by	the	PIC	to	ensure	that	it	is	

in	a	 condition	 for	 safe	 operation.	 	Any	 damages	will	 be	 document	in	

Appendix	B titled Pre-Flight	Checklist

(c) All	UAVs	to	be	operated	by	OffTheGround	 for	commercial	operations	

will	be	registered	with	the	FAA

(d) All	UAVs	to	be	operated	by	OffTheGround	 for	commercial	operations	

will	 be	marked	with	an	aircraft	 registration	number	according	 to	14	

C.F.R	Part	45.

V. Public	Benefit	and	Public	Interest

The	 process	 currently	 used	 to	 photograph	 and	 document	 developed	 and	

undeveloped	 property	 in	 urban	 and	 desert	 areas	 in	 Maricopa	 County	 is	

performed	via	helicopter, by	foot and	by	3rd party	software	providers	such	as	

Google	Earth	and	Maricopa.gov’s	Plat	Maps	application.		The	use	of	a UAV	in	

place	 of	 current	 practices	 for such	 applications	 will	 further	 the	 public	

interest	in	several	areas	including,	but	not	limited	to	the	following:

• The	UAV	 carries	 no	 passengers,	 pilot	 or	 crew,	 thereby	 increasing	 pilot,	

passenger	and	worker	safety

• The	 UAV carries	 no	 flammable	 fuel	 thereby	 increasing	 safety	 to	 the	

general	public

• The	 UAV has	 a	 lower	 noise	 signature	 than	 a	 typical	 helicopter	 thereby	

improving	public	welfare

• The	UAV has	zero	emissions	thereby	reducing	the	environmental	impact	

over	traditional	manned	aircraft
• The	UAV is	less	expensive	 to	operate	 than	a	 traditional	manned	aircraft,	

thereby	 decreasing	 the	 cost,	 while	 increasing	 the	 frequency	 of site	

documentation	and	inspection

• The	 UAV can	 often	 eliminate	 the	 need	 for	 a	 worker	 to	 ‘walk	 an	 active	

construction	 site’	 to	inspect,	photograph	and	collect	data	 on	hard	 to	get	

areas.		This	is	turn	significantly	reduces	the	risk	to	workers	of	falls	while	

inspecting,	 surveying,	 or	 monitoring	 site	 progress.	 	 Falls	 are	 a	 leading	

source	of	workplace	fatalities	and	injuries	on	construction	sites.

• The	UAV replace	the	need	for	people	to	traverse	un-built	desert	property,	

minimizing	the	risk	of	hazardous	accidents by	native	wildlife	(cacti,	

snakes,	spiders,	coyotes).

• The	UAV has	numerous	safety	features	such	as	Failsafe	mode,	automatic	

landing,	GPS	based	altitude	locks,	Flight-Limits	function	(ex	– air	traffic	

control	height	restrictions)	and	low	battery	warnings.	

VI. Discussion	of	Requested	FAR	Exemptions

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

Section	91.203(a)(1)	requires	civil	aircraft	to	have	“an	appropriate	and	current	

airworthiness	certificate.”	Part	21,	Subpart	H	(“Airworthiness	Certificates”)	

establishes	the	procedural	requirements	and	applicability	for	the	issuance	of air

worthiness	certificates	as	directed	by	14	C.F.R.	§	91.203(a)(1).	

Equivalent	level	of safety:	The	UAVs operated	will	have	a	gross	weight	less	than	10

lbs.	and	will	be	flown	at	speeds	less	than	25	mph (the	approximate	weight	the	UAV	

in	use	by	OffTheGround	is	approximately	2.9	pounds).	UAVs do	not	carry	a	pilot	or	

passengers,	do	not	carry	flammable	fuels	and	will	be	operated	in	well-defined	

locations	using	an	operator	(PIC)	and a	visual	observer	(VO).	All	operations	will	be	

conducted	in	compliance	with	the	limitations	and	conditions	stated	in	this	petition	

for	exemption.	The	Federal	Aviation	Act	and	Section	333	of	the	Reform	Act	both	

authorizes the	FAA	to	exempt	aircraft	from	the	requirement	of	an	airworthiness	

certificate	upon	consideration	of	the	UAV’s size,	weight,	speed,	operational	

capability	and	proximity	to	airports	and	populated	areas.	

The	characteristics	and	conditions	under	which	the	UAVs	will	be	operated,	as	

outlined	in	this	petition,	given	the	size,	weight,	speed,	operation	capability	and	

proximity	to	airports	and	populated	areas,	achieve	or	exceed	the	equivalent	level	of	

safety	over	a	manned	aircraft	with	an	airworthiness	certificate	used	for	the	

purposes	outlined	in	this	petition.	

B.	14C.F.R§45.23(b)–Display	of	Marks	

Regulation	14	C.F.R.	§	45.32	(b)	states:	“...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,’	‘lightsport,’	‘experimental,’	or	‘provisional,’	as	applicable.”	

Equivalent	level	of safety:	The UAV in use	does	not	have	a	“cabin,	cockpit	or	pilot	
station	entrance”	therefore	the	required	marks	cannot	be	displayed	“near	each	

entrance.”	Additionally,	letters	not	less	than	2	inches	nor	more	than	6	inches	may	

not	be	practical	given	the	small	size	of	the	UAV.	If	the	UAV is	too	small	to	display	

markings	in	the	size	described	in	regulation	§	45.23	(b),	then	markings	will	be	

displayed	in	the	largest	manner possible.

C.	14C.F.R.§45.27(a)–Location of Marks	Non Fixed-Wing Aircraft

Regulation	14	C.F.R.	45.27	(a)	states:	“Each	operator	of	a	rotorcraft	must	display	on	

that	rotorcraft	horizontally	on	both	surfaces	of	the	cabin,	fuselage,	boom,	or	tail	the	

marks	required	by §45.23.”	

Equivalent	level	of safety:	A	UAV does	not	carry	a	pilot	or	passengers,	does	not	have	a	

cabin	and	may	have	a	design	that	is	significantly	different	than	traditional	manned	

aircraft.	As	such,	the	markings	requirements	of	14	C.F.R.	§	45.25	may	not	be	feasible	

given	the	design	and	layout	of	the	aircraft.	To	provide	an	equivalent	level	of	safety,	

the	UAV will	display	required	markings	on	conspicuous	locations	of	the	aircraft.	

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

Command	

Regulation	14	C.F.R.	§	61.113	limits	pilots to	non-commercial	operations.	

Equivalent	level	of safety:		OffTheGround	will	be	operated	as	part	of	a	commercial	

operation,	but	neither	passengers	nor	cargo	will	be	involved.		The	area	of	operation	

is	controlled	and	restricted,	and	all	flights	are	planned	and	coordinated	in	advance	

as	set	forth	in	this	document.	The	risks	associated	with	the	operation	of	the	UAV are	

so	diminished	from	the	level	of	risk	associated	with	commercial	operations,	that	

allowing	operations	of	the	UAS	as	requested	with	a	pilot	who	has	met	the	minimum	

requirements	of	this	document	exceeds	the	present	level	of	safety	achieved	by	14	

C.F.R.	§61.113	(a)	&	(b).		

E.	14	C.F.R.	§	91.7	(a) – Civil	Aircraft	Airworthiness	

The	regulations	states:	“No	person	may	operate	a	civil	aircraft	unless	it	is	in	

airworthy	condition.”	

Equivalent	level	of safety:		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	in	the	DJI	Manual	for	maintenance	and	use	of	safety	checklists	prior	to	

each	flight,	as	set	forth	in	this	document,	an	equivalent	level	of	safety	will	be	

provided.

F.	14C.F.R.§91.9(b)(2)&(c)–Civil	Aircraft	Flight	Manual

Regulation	14	C.F.R.	§	91.9	(b)(2)	states:	“No	person	may	operate	a	U.S.-registered	

civil	aircraft	...	For	which	an	Airplane	or	Rotorcraft	Flight	Manual	is	not	required	by	

§21.5	of	this	chapter,	unless	there	is	available	in	the	aircraft	a	current	approved	

Airplane	or	Rotorcraft	Flight	Manual,	approved	manual	material,	markings,	and	
placards,	or	any	combination	thereof.”	

Equivalent	level	of	safety:		The	equivalent	level	of	safety	will	be	enabled by	

maintaining	proper	documentation	of	the	flight	manual	at	the	ground	control	point	

where	the	pilot	flying	the	UAV will	have	immediate	access	to	it.		This	includes	the	

UAV	operation	manual	as	provided	by	the	manufacturer	or	equivalent	documents	as	

created	by	OffTheGround.	

G.	14C.F.R.§91.103–Preflight Action

14	C.F.R.	§	91.103	requires	the	PIC	to	become	familiar	with	specific	information	

before	each	flight,	including information	contained	in	the	FAA-approved	Flight	

Manual	on	board	the	aircraft.	

Equivalent	level	of	safety:		An	exemption	is	needed	from	this	requirement	as	the	pilot	

will	take	separate	preflight	actions,	including	checking	for	weather	conditions,	

checking	flight	battery	requirements,	checking	takeoff	and	landing	distances,	and	all	

other	actions	in	the	Preflight	Checklist	in	this	document	and	the	DJI	Manual.	These	

actions	will	provide	an	equivalent	level	of	safety.	The	manual	will	be	kept	at	the	

ground	station	during	operations.	

H.	14	C.F.R.	§	91.109	(a)	– Flight	instruction

14	C.F.R.	§	91.109	(a)	states	that,	“No	person	may	operate	a	civil	aircraft	(except	a	

manned	free	balloon)	that	is	being	used	for	flight	instruction	unless	that	aircraft	has	

fully	functioning	dual	controls.”	By	design,	UAVs do	not	have	functioning	dual	

controls.	They	are	piloted	using	a	Flight	Control	System	/	Ground	Control	Station	

that	communicates	with	the	aircraft	via	signals.	

Equivalent	level	of	safety:	During	flight	instruction,	there	are	no	pilots	or	passengers	

on	the	aircraft	and	the	Ground	Control	Station	will	be	a	safe	distance	from	the	

aircraft.	The	aircraft	will	remain	a	safe	distance	from	non-participating	individuals	

causing	no	safety	hazard (approximately	100	feet.		See	Section	IV,	Part	B,	item	(v).	

Given	the	size	and	speed	of	the	UAV,	an	equivalent	level	of	safe	training	can	be	

performed	without	dual	controls	because	no	pilot	or	passengers	are	aboard	the	

aircraft	and	it	is	a	safe	distance	from	the	public	and	structures.	

I.	14C.F.R.§91.119–Minimum	Safe	Altitudes	

14	C.F.R.	§	91.119	states	that	an	aircraft	may	not	be	operated	closer	than	500	feet	to	

any	person,	vessel,	vehicle	or	structure.	The	nature	of	the	operations	described	

herein	may	require	operation	in	relatively	close	proximity	to	items	such	as	washes,	

building	roofs,	trees,	etc.	However,	operations	will	not	be	conducted	over	nonparticipating	individuals.	

Equivalent	level	of	safety:	The	UAVs operated	by	OffTheGround	are	far	smaller	than	

manned	aircraft,	such	as	rotorcraft	and	fixed	winged	aircraft,	which	are	used	for	

similar	operations.	Furthermore,	the	UAVs do	not	carry	a	pilot	or	passengers,	weigh	

less	than	10	lbs.,	do	not	carry	flammable	fuel,	will	not	exceed	25	mph	and	will	not	be	
operated	over	non-participating	persons.	The	UAVs will	be	operated	below	400	feet	

above	ground	level	with	the	use	of	an	operator	and	a	visual	observer	to	avoid	

collision	risk	to	aircraft,	persons	and	property.	This	provides	an	equivalent	or	

greater	level	of	safety	than	achieved	with	conventional	aircraft	currently	performing	

similar	operations.	

J.	14	C.F.R.	§	91.121	– Altimeter	Settings

14	C.F.R.	§	91.121	requires	an	aircraft	to	be	operated	by	reference	to	an	altimeter	

that	is	set	to	the	elevation	of	the	departure	airport	or	barometric	pressure	when	

operating	below	18,000	feel	MSL.	Although	some	UAVs contain	a	barometric	

pressure	sensor,	the	UAVs used	by	OffTheGround	utilize	GPS	sensors	to	determine	

altitude.	

Equivalent	level	of	safety:	The	operator	will	confirm	the	elevation	of	the	takeoff/landing site	prior	to	launch.	This	will	be	compared	to	the	GPS	sensor	as	

displayed	on	the	UAV telemetry	reading	at	the	Ground	Control	Station.	The	operator	

will	then	determine	the	maximum	permissible	altitude	to	maintain	a	flight	below	

400	feet	Above	Ground	Level	(ABV).	The	maximum	permissible	altitude	will	also	be	

monitored	and	estimated	by	visual	means	through	the	use	of	the	VO.

K.	14C.F.R.§91.151(a)(1)	- Fuel	requirements	for	flight	in	VFR	(Visual	Flight	

Rule)	conditions

Section	91.151	(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR	

conditions.	It	states	that	“No	person	may	begin	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...”	

Equivalent	level	of	safety:		The	UAV will	be	operated	only	during	daylight	hours	in	

VFR	conditions.	The	technical	limitations	of	most	UAVs limit	total	flight	time	to	

approximately	30	minutes	before	the	battery	is	depleted.	This	means	that	no	

meaningful	flight	time	would	be	possible	given	the	limitations	of	§	91.151	(a)	(1).		

Therefore,	the	UAV flight	will	be	terminated	with	at	least	20%	reserve	power	(or	a	

max	flight	time	of	25	minutes).	This	allows	the	UAV to	return	to	its	landing	zone	

with	adequate	power	remaining	to	conduct	a	safe	and	controlled	landing.	Given	the	

UAV‘s	size,	weight	and	speed,	the	UAV when	operated	with	this	limitation	provides	

an	equivalent	or	greater	level	of	safety	than	manned	aircraft	represented	by	this	

regulation.	

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

Registration

The	regulation	states:	(a)	“...no	person	may	operate	a	civil	aircraft	unless	it	has	...	an	

appropriate	and	current	airworthiness	certificate.”	(b)	“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.”	
Equivalent	level	of	safety:	In	regard	to	14	C.F.R.	§	91.203	Part	(a),	an	equivalent	level	

of	safety	is	achieved	through	the	methods	and	characteristics	as	outlined	in	the	

request	for	exemption	from	14	C.F.R.	Part	21,	Subpart	H.	

In	regard	to	14	C.F.R.	§	91.203	Part	(b),	the	UAV does	not	carry	a	pilot	or	passengers,	

does	not	have	a	“cabin	or	cockpit	entrance”	and	does	not	have	onboard	storage	in	

which	to	carry	certification	and	registration	documents.	An	equivalent	level	of	

safety	will	be	achieved	by	maintaining	the	proper	documentation	at	the	Ground	

Control	Station	readily	available	to	the	operator.	

M.	14	C.F.R.	§§	91.405	(a),	91.407	(a)(l),	91.409	(a)(2),	91.417	(a)	&	(b)	–

Maintenance	Inspections

The	regulations	14	C.F.R.	§§	91.405	(a),	91.407	(a)(1),	91.409	(a)(2)	and	91.417	(a)	

&	(b)	specify	maintenance	and	inspection	standards	in	reference	to	14	C.F.R.	Part	

43.	Specifically,	14	C.F.R.	§	91.405	(a)	requires	that	each	owner	or	operator	of	an	

aircraft,	“shall	have	the	aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	

shall	between	required	inspection	...	have	discrepancies	repaired	as	prescribed	in	

part	43	of	this	chapter.”	

An	exemption	is	required	from	these	regulations	because	Part	43	and	these	sections	

apply	only	to	aircraft	with	an	airworthiness	certificate,	which	the	UAV will	not	have.	

Equivalent	level	of	safety:	The	UAVs will	be	maintained	and	inspected	in	accordance	

with	the	manufacturer-supplied	manual.	This	includes	maintenance,	overhaul,	

replacement	and	inspection	requirements	for	the	UAVs.	The	operator,	prior	to	every	

flight	of	the	day	will	undertake	preflight	inspection	procedures	in	order	to	ensure	

the	UAV is	in	a	condition	for	safe	operation.	Discrepancies	that	may	affect	the	safety	

of	flight	will	be	documented,	addressed	and	repaired.	The	operator	will	maintain	the	

UAVs in	a	condition	for	safe	operation.	Given	the	size,	characteristics	and	operating	

limitations	of	UAVs as	described	herein,	this	provides	a	level	of	safety	equivalent	to	

or	greater	than	manned	aircraft	performing	similar	operations.