Don R. Cline

Cline Design, LLC

42 Shaw Hill Road

Andover, NH 03216

September 30, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;

14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

To whom it may concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Don R. Cline, operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of a small UAS, as long as these operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, would operate in the 

following manner:

1. Aerial photography and/or video for public and private use including real estate, 

 architecture, construction, engineering and other related professional activities.

2. Aerial video and photography for public and/or private use including television, 

 and public events.

3. Aerial inspection and photography of residential and commercial structures under contract with 

 the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

 operations in cases of an emergency or natural disaster only when the local authorities or

 government has requested it by contract or donation.

5. Aerial video/photography for agriculture activities.

As described fully below, the requested exemption would permit the operation of small UAS under controlled conditions 

in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already 

safe operations in the industry presently 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.”

The name, phone, email and address of the applicant:

Don R. Cline

Cline Design, LLC

42 Shaw Hill Road

Andover, NH 03216

603-648-2110

don@clinedesign.com
USA Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 

91.109 14 CFR 91.119(c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) 

(1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The small UAS I will be using is a multi-rotor craft weighing no more than 55lbs. including payload. Under normal 

conditions they operate at speeds of no more than 100 Mph or 87 Knots and have the ability hover and move along a 

vertical and horizontal plane simultaneously. They will operate in line of sight only and by the exempted person only 

obeying all other local and federal laws. A second person will be operating the imaging functions of the UAS using a 

separate, slaved controller. The PIC will therefore be able to devote undivided attention to the control of the UAS. 

Given the small size of the small UAS and the controlled environment provided the proposed operations will adhere to 

the Reform Act’s safety requirements. The approval of this exemption presents no national security issues. As to the level 

of safety of the proposed operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant 

requests that the FAA grant the requested exemption with minimum delay.

Aircraft and Equivalent Level of Safety

The operational limitations proposed for an equivalent or higher level of safety because operations will further enhance the 

safety of the persons and/or property using conventional aircraft. The limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs.

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

3. Maximum flight time for each operational flight will be 30 minutes or fewer. Flights will be terminated at 25% 

 battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 

 feet above an elevated platform from which video and photography is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual Observer (VO) 

 when needed and may include but not limited to the Camera Operator.

6. The small UAS pilot will be Don R. Cline ONLY. No other person will be allowed to operate the small UAS in a 

 commercial capacity.

7. A site survey and briefing will be performed regarding the planned small UAS operations prior to each flight 

 consisting of all that sortie’s production activities and safety measures.

8. The PIC will obtain verbal/written consent of all persons involved with the planned operation and ensure that only 

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

 based upon an equivalent level of safety determination, as required under the FOM. With the advanced permission 

 or direction of the FSDO, operations at closer range may be approved.

9. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information for the 

 particular small UAS to be operated and will be able to show upon request their competent ability to operate the 

 small UAS and/or Camera.
10. The PIC and VO will be able to communicate by voice or radio at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, 

 including law enforcement, fire or other appropriate governmental agencies when needed.

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

 pre-determined location within a designated location and land autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft 

to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions 

and conditions proposed.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree 

of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the small UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 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," "light-sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have 

no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the 

small UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance 

with §45.29 (f). The equivalent level of safety will be provided by having the small UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the small UAS will see the identification of the small UAS 

as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire. 

Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 1.113(a). 
Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks attendant to the operation of 

small UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation 

and limitations set forth in the FOM will equate to the safe operation of the small UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 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 for maintenance and use of safety checklists prior to each flight an equivalent level of safety 

will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 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. 

The small UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot onboard, but because there is no room or capacity to carry such an item on the aircraft. The 

equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. 

The operator will take all actions including site survey, briefing of the camera operator, safety inspection, reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction

Section 91.103 provides 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. 

Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA 

has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers 

are to be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated 

at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at 

higher than 400 AGL with the exception that in circumstances where the small UAS is used to survey or photograph a 

structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point 
on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their prior consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the small UAS as well as the location where it 

is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance 

notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned 

flight operations.

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein 

and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the small UAS will ensure 

separation between these small- UAS operations and the operations of conventional aircraft that must comply with Section 

91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is 

set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” 

As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data 

monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) 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.” 

The battery powering the small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length. Given the 

limitations on the small UAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed 

waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) 

was intended to alleviate given the size and speed of the small UAS. Additionally, limiting small UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever happens first. This restriction 

would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating 

area.

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

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following: 

(1) 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. 

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no 

ability or place to carry certification and registration documents or to display them on the small UAS. An equivalent level 

of safety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will 

have immediate access to them; to the extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require 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...,” and others shall inspect or maintain the aircraft in compliance with 

Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will 

not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a 

small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the small UAS can 

land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is 

in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with 

the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, 

the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance 

needed.

Proposed Aircraft Model

The DJI Inspire 1 is propsed to be used in these operations. It is requested that other rotorcraft may be used in the future 

providing their specifications fall within the scope of the exemption granted by the FAA:

DJI Inspire 1 Specifications

a. DJI Model T600

Weight (Battery Included) 6.47 lbs.

Hovering Accuracy (GPS Mode) Vertical 1.5 ft, Horizontal 7.5 ft

Max Angular Velocity Pitch: 300deg/s; Yaw lSOdeg/s

Max Tilt Angle 30deg/s

Max Ascent Speed 15 ft/s

Max Decent Speed 12 ft/s

Max Wind Speed Resistance 19.43 kts

Max Speed 39.10 kts

Motor Model DJI 3510

Propeller Model DJI 1345

Operating Temperature 14 ̊F - 104 ̊F

Diagonal Distance 22.0 in. (Landing gear lowered), 22.9 in. (Landing gear raised) 

b. DJI Inspire Battery

Model (Standard) TB47

Voltage 22.2v

Capacity 4500mAh

Energy 99.9Wh

Net Weight 1.26 lbs.
c. DJI Inspire Gimbal

Operating Current - Station: 750mA, Motion: 900mA

Controllable Range - Pitch: -90deg to +30deg

Max Controllable Speed - Pitch: 120deg/s, Pan: 180deg/s

d. DJI Inspire Remote Controller

Frequency

5.725GHr5.850GHz (Remote Controller to Remote Controller)

2.400GHr2.483GHz (Remote Controller to Aircraft)

Battery Capacity 6000mAh

Working Current/Voltage l.2A@7.4V

Owner’s Manual Hyperlinks

DJI Inspire 1 Manual

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

Pilot Qualifications

I earned a Private Pilots Certificate in 1978 and have more than 100 hours in single-engine land planes and sailplanes. I 

also have over 35 years experience as a professional photographer.

Please do not contact me if you have any questions. I appreciate your assistance in reviewing my application for a section 

333 exemption and I look forward to your response.

Sincerely,

Don R. Cline

September 30, 2015