American Flyers Inc. 4650 Airport Parkway Addison TX 75001 Steven@af.tv Americanflyers.com 

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U. S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140

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 Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. 

Part 11, American Flyers, the operator of the DJI Phantom 2 Vision Plus, DJ1 Inspire 1, DJI S800, DJI S800 

EVO, DJI S900, DJI SI 000, DJI S1000+, 3D Robotics Aero, 3D Robotics X8 and Altus X8 ("sUAS"), Blade 

350 series and Yuneek Typhoon and Tornado series seeks an exemption from the Federal Aviation 

Regulations ("FARs") listed below and discussed in the Equivalent Level of Safety section.

The requested exemption would permit American Flyers to conduct commercial operations of sUAS, all 

weighing less than 55 lbs. including payload and capable of capturing still imagery and video. The application 

for our sUAS will be for flight training, aerial data collection and commercial research purposes.

Operations under the exemption will be subject to strict operating requirements and conditions to ensure at 

least an equivalent level of safety to currently authorized operations using manned aircraft.

As described more fully below, the requested exemption would authorize commercial operations using these 

sUAS, which at 55 lbs. are small in size. The sUAS will be operated under controlled conditions at low 

altitude in airspace that is limited in scope, as described more fully herein; it will have automated control 

features, as described below. The sUAS also will be operated by an individual who has at least a sport or 

recreational pilot's certification, a valid driver's license and sUAS flight training. Finally, the airspace in which 

the sUAS will operate will be disclosed to the FAA in advance through the use of a COA and NOTAMs.

American Flyers respectfully submits that because these small unmanned aerial systems—the DJI Phantom 2 

Vision Plus, DJI Inspire 1, DJI S800, DJI S800 EVO. DJI S900, DJI SI000. DJI S1000+, 3D Robotics Aero, 

3D Robotics X8+ Blade 350 Series, Yuneek Typhoon and Tornado series and Altus X8 — will be used in lieu 

of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the 

FAA can have confidence that the operations will achieve at least an equivalent or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the 

FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish requirements for 

the safe operation of such aircraft systems in the national airspace system." 

The name and address of the applicant are:

American Flyers

Attn: Steven Daun, Director 

Address: American Flyers 4650 Airport Parkway Addison, TX 75001

Phone: (954) 592-3890 

Email: steven@af.tv
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The regulations from which the exemption is requested are as follows:

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.119

14 CFR 91.121

14 CFR91.151 (a)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

NOTE

The Equivalent Level of Safety section discusses each rule listed above and explains why exemptions 

pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and 

are in the public interest. These are the same rules that have been granted in every Section 333 

Exemption to date.

American Flyers submits that grant of this exemption application for use of sUAS for flight training, aerial 

data collection and commercial research will advance the Congressional mandate in Section 332 of the Reform

Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished 

safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely 

in the NAS before completion of the rulemaking required under Section 333 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs 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' 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.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the 

Reform Act; the additional authority 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 and 

cost savings associated with transitioning to UASs for commercial purposes. Accordingly, the applicant 

respectfully requests that the FAA grant the requested exemption without delay.

The sUAS requested in this exemption comply with the requirements set forth by Section 333 by their small 

size, weight, speed, and operational proximity to airports and densely populated areas. As a result under this 

exemption the sUAS are not deemed airworthy by an airworthiness certificate, but rather they are deemed 

airworthy by the operator conducting a thorough preflight of the aircraft. There aircraft will also be registered 

in accordance to 14 CFR Part 47, marked in accordance to 14 CFR Part 45 Subpart C. Markings will be as 
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large as practicable. All requested aircraft have been previously approved by the FAA under other Section 333 

exemptions.

Aircraft Make and Model: 

 DJI Phantom 2 Vision Plus 

 DJI Inspire 1 

 DJI S800 

 DJI S800 EVO 

 DJI S900 

 DJI SI000 

 DJI SI000+

 3D Robotics Aero 

 3D Robotics X8+

 Blade 350

 Yuneek Typhoon

 Yuneek Tornado

Aircraft manuals, operations checklist, and American Flyers's Standard Operating Procedures will be included 

as additional proprietary information to this petition for exemption that will be submitted upon request.

Operator Requirements

To operate the sUAS under this exemption an operator will be required to have at least a sport or recreational 

pilot's certification*, a valid driver's license and aircraft specific fight training so as to operate the UAS in a 

manner consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures.

Mandatory Operating Conditions

Grant of the exemption to American Flyers will be subject to the following mandatory conditions for flight

operations.

 Permission from the landowner will be obtained before commencing any flight.

 Operations will only occur during Visual Flight Rules Meteorological Conditions (VMC).

 Operations will not occur 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 operator.

 The sUAS will remain clear of manned aircraft and yield right of way.

 A functional flight test will be conducted after any major repair or alteration.

 A preflight check will be conducted before each flight to assure airworthiness.

 Aircraft will remain within Visual Line of Sight (VLOS) of the operator.

 All operations will be conducted with a Visual Observer (VO).

 Operations will be limited to daylight hours.

 Operations will be concluded with no less than 25% battery power remaining.

 Operations will not exceed 400ft AGL.

 Operations will not occur within 5nm of any airport unless a letter of agreement with that airport's 

management is obtained.

 Operations requiring a COA will take place under a COA.
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 Operator will file a NOTAM for each flight when required.

 All non-participants will keep 500ft away from operations unless there are adequate barriers to protect 

them.

 All operations will be conducted according to the manufacturer's manuals.

 All documents that will be kept at the GCS include but are not limited to; the aircraft manuals, 

maintenance logs, aircraft registration, grant of exemption, and COA.

Equivalent Level of Safety

American Flyers requests an exemption from the following regulations, all of which have been granted by 

every approved Section 333 exemption at the time of this submission.

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Equivalent Level of Safety: Currently, there are no applicable areas identified for sUAS in either the private or 

commercial sector and therefore an exemption is required to conduct commercial operations. As flight 

operations will be conducted in a restricted environment as described in the operations section, these strict 

guidelines will achieve an equivalent level of safety for each individual flight especially when compared to 

commercial flights identified in Part 61 when originally developed.

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

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy 

condition to be operated. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety: Given the size of the requested aircraft and the preflight procedures including the 

review of maintenance logs and preflight check lists, an equivalent level of safety will be provided to assure 

the aircraft is in an airworthy condition.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R, § 91.119(c) which 

states that aircraft may not operate closer than 500 feet above the surface and away from any person, vessel, 

vehicle, or structure in non-congested areas.

To provide the intended operations, the sUAS is operated below 400 feet AGL.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the 55 lbs. 
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proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less 

than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given 

the size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the 

operations section of this exemption, the sUAS will be operated at least 5nm away from airports (unless a 

letter of agreement from the airport's management is obtained), where buildings and people will not be 

exposed to operations without their pre- obtained consent. Because of the advance notice to the property 

owners and participants, all affected individuals will be well aware of the planned flight operations.

14 C.F.R. § 91.121: Altimeter Settings

Petitioner requests an exemption from 14 C.F.R. § 91,121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure. An exemption is required because the sUAS does not have a barometric 

altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety: An equivalent level of safety will be achieved by the operator confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the 

GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)(l)'s fuel requirements for flight in VFR conditions 

during the day. Section 91.151 (a){ 1) states:

(a) 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;

Here, the batteries powering the requested aircraft provide approximately 40 minutes or less. To meet the 30 

minutes reserve requirement in 14 C.F.R. §91,151, sUAS flights could not be conducted. Given the limitations 

on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a 

safety margin based on a reserve amount of battery life is needed.

Equivalent Level of Safety: An equivalent level of safety will be achieved because the operations will be 

conducted on-site without significant transit time by the sUAS. All flights will be planned to be terminated 

with no less than 25% reserve battery power still available. This restriction would be more than adequate to 

return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area 

even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve 

fuel does not include the type of risks that Section 91.151(a)(1) was intended to alleviate given the size and 

speed of the small UAS. and the proximity of the flight operation to the landing zone

14 C.F.R. § 91.405(a). 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 

91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection 

standards in reference to 14 C.F.R. Part 43. Sec, e.g.. 14 C.F.R. § 91.405(a) (stating 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 inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An 
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exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because the operator will ensure that 

the sUAS is in working order prior to initiating flight by following the preflight checklist, perform required 

maintenance, and keep a log of any maintenance performed. The operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition.

Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), approval of this exemption allowing commercial 

operations of sUAS for flight training, aerial data collection and commercial research benefits the public as a 

whole in the following ways:

 It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Namely, the 

FAA Administrator's assessment of whether certain UAS may operate safely in the National Airspace 

System. 

 The operation significantly improves safety and reduces risk by alleviating human exposure to danger 

associated with current aerial remote sensing methods, namely, full size helicopters. Reducing human 

exposure to death or serious injury associated with manned aircraft performing these tasks furthers the 

public's interest.

 Petitioner's sUASs are battery powered and create no emissions. If Petitioner's sUAS crashes, there is 

no fuel to ignite and explode. Any impact of Petitioner's lightweight sUASs is far less than a full size 

manned aircraft. The public's interest is furthered by minimizing ecological impact of an accident and 

by reducing human exposure to potentially harmful emissions associated with manned aircraft.

 Remote sensing is as valuable tool for mapping, real estate, insurance evaluations, and industrial 

inspection. However, problems with safety, cost, statistical integrity, and logistics continue to impede 

remote sensing from conventional manned aircraft. The use of sUAS addresses these problems and is 

a powerful tool for performing a wide-range of remote sensing applications. The public as a whole 

will benefit from the safer and more cost-effective remote sensing services that sUAS operations 

provide.

 As the UAS industry continues to expand into the commercial market, so too does the demand for 

structured, professional training. Approval of this exemption will enable American Flyers to provide 

excellent training in the development of pilots, in the unmanned side of aviation. This will enhance 

safe, efficient operations by operators.

Privacy

American Flyers will not operate sUAS in any way that may invade personal privacy and will comply with 

any federal, state, or local privacy laws that may apply in areas where American Flyers operates sUAS. In 

addition, as a practical matter, flights will occur over property only with land owner permission, so privacy is 

unlikely to be a concern in relation to American Flyers's proposed use.
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Conclusion

American Flyers seeks an exemption from the FARs set forth above and in Appendix A to allow commercial 

operations of a sUAS to conduct flight training, aerial data collection, and commercial research.

Approval of this exemption allowing commercial operations of the requested aircraft for flight training, aerial 

data collection and commercial research will enhance safety by reducing risk.

Conventional remote sensing operations, using turbine or piston-powered aircraft present risks associated with 

vehicles that can weigh 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some 

cases, cargo. In contrast, sUAS weighing less than 55 lbs. and powered by batteries eliminates a portion of that 

risk given the reduced mass and lack of combustible fuel carried on board. The sUAS 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 due to all pilots 

being certified through the FAA.

The operation of the sUAS, weighing less than 55 lbs., for flight training, aerial data collection and 

commercial research in accordance with the strict conditions outlined above, will provide an equivalent level 

of safety supporting the grant of the exemptions requested herein.

The requested aircraft meet the criteria set forth in Section 333 of the Reform Act—size, weight, speed, 

operating capabilities, lack of proximity to airports, operation within visual line of sight, and national security-

—and its showing of an equivalent level of safety provides more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of the sUAS for flight training, aerial data collection and 

for commercial research purposes.

Best Regards,

American Flyers

Attn: Steven Daun, Director 

Address: American Flyers

4650 Airport Parkway

Addison, TX 75001

Phone: 954-784-2122

Email: steven@af.tv
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