San Juan Flyers, LLC 

ro BoX 3075 

Friday Harbor, WA 98250 

leasa(~sani uanislands.com 

September 16, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act 

of 2012 and Part 11 of the Federal Aviation Regulations 

To Whom It May Concern: 

San Juan Flyers, LLC, is a Washington Limited Liability Company, herewith known as the 

("Petitioner"), is writing pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 ("Reforrn Act") and the procedures contained in 14 C.F.R. 11, to respectfully request that 

Petitioner, an owner and operator of small unmanned aircraft, be granted an exempted from the 

Federal Aviation Regulations (FARs) listed below so that Petitioner may operate its small 

unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration ("FAA"). 

Petitioner proposes operation of UASs under 55 pounds, all of which are manufactured by DJI a 

leader in the UAS industry, under the Operational Control of an individual holding at least a Sport 

Pilot certificate; under direct control of a Pilot in Command ("PIC"); within Visual Line of Sight 

("VLOS"); while utilizing a second person for the purpose of a visual observer ("VO"); below 400 

feet AGL; at a speed not exceeding 87 knots. 

The proposed aircraft models are as follows: 

• PHANTOM-3 

• INSPIRE-1 

• SPREADING WINGS S900 

• SPREADING WINGS S 1000+ 

All of these UAS s have programmable return to home functions as well as programmable 

limitations for distance and altitude. All aircraft are GPS enabled with safety features such as 

altitude hold, return to home functions and in the case of the S900 and S 1000+, can operate with 

a malfunctioning motor. 

Petitioner intends to use the approved UAS for the commercial purpose of conducting aerial data 

collection within the National Airspace System ("NAS") including, but not limited to the 

following activities and industries: advertising, agriculture, closed-set motion picture and 

television filming, construction, education, forestry, gas and oil, insurance, law, railroad, rea.l 
estate, restaurants, retail, search and rescue, sports, survey & mapping, utilities, weddings and 

wildlife. 

Petitioner only uses the most advanced UASs available, as safety is Petitioner's number one 

concern. Granting Petitioner's request is in accordance with the Secretary of Transportations 

(FAA Administrators) responsibilities to not only integrate UASs into the national airspace 

system, but to establish requirements for the safe operation of such aircraft systems (UASs) in 

the national airspace system under Section 333(c) of the Reform Act. Further, Petitioner will 

conduct its operations in compliance with the protocols described herein or as otherwise 

established by the FAA. 

The following links provide details on the specific UASs that Petitioner plans to operate including 

specifications. Petitioner will abide by all manufacturers guidelines which are also located at the 

following links: 

• PHANTOM-3 

o http://www.dji.com/product/phantom-3/download 

• INSPIRE-1 

o http://www.dji.com/product/inspire-1/download 

• SPREADING WINGS S900 

o http://www.dji.com/product/spreadin -g wings-s900/download 

• SPREADING WINGS S 1000+ 

o http://www.dji.com/product/spreading-wings-s1000-plus/download 

The name and address of the Petit'ioner is: 

San Juan Flyers, LLC 

Attn: Leasa Wangoe 

PO Box 3075 

Friday Harbor, WA 98250 

360-298-0422 

leasa@spjuanislands.com 

Regulations fi om which the exemption is requested: 

• 14 CFR § Part 21 Subpart H 

• 14 CFR § 61.101(e) (4) and (5) 

• 14 CFR § 61.113 (a) 

• 14 CFR § 61.315 (c) (2) and (3) 

• 14 CFR § 91.7 (a) 

• 14 CFR § 91.9 (b) (2) 

• 14 CFR § 91.103 

• 14 CFR § 91.105 

• 14 CFR § 91.109 (c) 

• 14 CFR § 91.119 (b) and (c) 

• 14 CFR § 91.121 

• 14 CFR § 91.151 (a) (1) 

• 14 DFR § 91.203 (a) and (b) 
• 14 DFR § 91.405 (a) 

• 14 CFR § 409 (a) (1) and (2) 

• 14 CFR § 91.417 (a) and (b) 

Aircraft and Equivalent Level of Safety 

The operating limitations proposed by Petitioner provide for at least an equivalent or higher level of 

safety because UAS operations further enhance safety for the activities and industries identified in 

this request compared to the use of conventional aircraft (fixed wing or rotorcraft). 

Petitioner's Proposed Limitations and Conditions include: 

• The UASs will weigh less than 55 pounds. 

• The UAS will not be operated as a speed exceeding 87 knots. 

• The UAS will be operated within VLOS of the PIC at all times. 

• The UAS will not be operated at an altitude in excess of 400 AGL. 

• The PIC will hold at least a Sport Pilot Certificate and a valid driver's license to oversee all 

flight operations to ensure the highest degree of safety. 

• The PIC is prohibited from beginning a flight unless there is enough available power for 

the UAS to conduct the intended Operation and to operate for at least 5 minutes after that. 

• All UAS Pilots will undergo in-house training before operating any UAS for commercial 

use. This will include situational awareness training, airspace education, and proper 

operation of the proposed UAS. 

• A briefing will be conducted for planned UAS operations prior to each flight. All personnel 

involved in the operations are required to attend. 

• The operator will have a motion picture and television operations manual(MPTOM) as 

provided as part of this request for exemption. 

• Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder's MPTOM. 

• At least 3 days before aerial filming, the operator of the UAS affected by this exemption 

must submit a written Plan of Activities to the local Flight Standards District Office 

(FSDO) with jurisdiction over the area of proposed filming. The 3-day notification may be 

waived with the concurrence of the FSDO. 

• If the UAS loses communications or loses its GPS signal, the UAS will have the capability 

to return to a pre-deternuned location and land. The location will be clear of all persons or 

property during the duration of the flight. 

• The PIC will abort a flight in the event of an unpredicted obstacle or emergency. 

• Flight Operations will not occur at night. 

• The UAS will not operate within 5 nautical miles of an airport unless a letter of 

agreement with the airport's management is obtained or otherwise permitted by a COA 

issued to the exemption holder. 

• The UASs will operate on the following frequencies, which are all FCC compliant 

and do not require specific licenses when transmit power is limited to 1 watt: 902 to 928 

MHz, 2.400 to 2.4835 GHz, and 5.725 to 5.875 GHz. 

Public Interest 

The use of UAS for aerial data collection provides customers a more cost effective alternative to 
conventional aircraft (fixed wing and rotorcraft). A high level of service can be provided by UAS 

with lower equipment and operational costs. Additionally, UAS pose much less of a safety concern 

to the general public due to their size, weight, speed and the absence of combustible fuels, when 

compared to larger manned aircraft. These factors help encourage commerce and contribute to 

growth of the economy as a whole. 

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

Given the size and limited operating area associated with the UASs to be utilized by Petitioner, this 

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 (0) and Section 333 of the Reform Act both 

authorize the FAA to exempt the UASs 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 UASs. In a11 cases, an analysis of these criteria demonstrates that a 

UAS operated without an airworthiness certificate, in a 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. 

14 C.F.R. § 61.101(e) (4) and (5): Recreational pilot privileges and limitations: 

A Recreational Pilot in Command may not act as a pilot in command of an aircraft for 

compensation or hire, or in the furtherance of a business. Because the UAS will not carry a pilot or 

passengers, the proposed operations can achieve an equivalent level of safety of current operations 

by requiring all operations to be supervised by (at minimum) an individual holding sport pilot's 

license rather than requirnig that individual to hold a commercial pilot's license to operate a sma11 

UAS. Unlike conventional manned aircraft, a ground-based operator remotely controls a UAS. The 

operational area is limited, and a11 flights are planned and coordinated in advance. The level of safety 

exceeds that provided by a single individual holding a commercial pilot's certificate operating a 

conventional aircraft. The risks associated with the use of a UAS are far lower from those associated 

with commercial operations contemplated by Part 61. Allowing operational control of a UAS by a 

private pilot exceeds the present level of safety sought by 14 C.F.R. § 61.101(e) (4) and (5). 

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

Pilot in Command Section 61.113(a) limit private pilots to noncommercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve an equivalent level of 

safety of current operations by requiring a11 operations to be supervised by (at minimum) an 

individual holding private pilot's license rather than requiruig that individual to hold a commercial 

pilot's license to operate a small UAS. Unlike conventional manned aircraft, a ground-based 

operator remotely controls a UAS. The operational area is limited, and a11 flights are planned and 

coordinated in advance. The level of safety exceeds that provided by a single individual holding a 

commercial pilot's certificate operating a conventional aircraft. The risks associated with the use of 

a UAS are far lower from those associated with commercial operations contemplated by Part 61. 

Allowing operational control of a UAS by a private pilot exceeds the present level of safety sought 

by 14 C.F.R. §61.113 (a). 

14 C.F.R. § 61.315 (c) (2) and (3): What are the privileges and limits of my sport pilot 

certificate: 

A Sport Pilot may not act as a pilot in command of an aircraft for compensation or hire, or in the 

furtherance of a business. Because the UAS will not carry a pilot or passengers, the proposed 
operations can achieve an equivalent level of safety of current operations by requiring a11 operations 

to be supervised by (at minimum) an individua.l holding sport pilot's license rather than requiruig that 

individual to hold a commercial pilot's license to operate a sma11 UAS. Unlike conventional manned 

aircraft, a ground-based operator remotely controls a UAS. The operational area is limited, and all 

flights are planned and coordinated in advance. The level of safety exceeds that provided by a single 

individual holding a commercial pilot's certificate operating a conventional aircraft. The risks 

associated with the use of a UAS are far lower from those associated with commercial operations 

contemplated by Part 61. Allowing operational control of a UAS by a private pilot exceeds the 

present level of safety sought by 14 C.F.R. § 61.315 (c) (2) and (3). 

14 C.F.R. § 91.7 (a): General Operating and Flight Rules: Civil Aircraft Airworthiness: 

Exemption #112721 granted to Limitless Drones, LLC determined that the DJI Inspire, DJI 

Spreading Wings 5900 and DJI Spreading Wings S 1000 not be required to have an airworthiness 

certificate based upon the authority of Section 333 of the FAA Modernization and Reform Act of 2012. 

The DJI Spreading Wings S 1000+ is in a11 substantial aspects the same as the DJI Spreading Wings 

S 1000 and should be treated the same. Other exemptions have also deternuned that the Phantom 3 

platform does not need an airworthiness certificate. See exemption #12711 for Ms. Desiree Ekstein. 

14 C.F.R. § 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements: 

The purpose behind requiring aircraft flight manual material, markings and placards, or any 

combination thereof on a UAS is inappropriate because by definition there are no on board pilots or 

passengers, and given the size of the UAS's, this Regulation is impractical and inapplicable. An 

equivalent level of safety will be achieved by maintaining any similarly necessary information 

available to the PIC at the Ground Control Station of the UAS. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, and 12716. 

14 C.F.R. § 91.103: Preflight action: 

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. 

As FAA approved flight manuals will not be used, an exemption is requested. However, an 

equivalent level of safety will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances before commencement of flight. 

Additionally, a11 UAS will be safety checked before each flight. 

14 C.F.R. § 91.105: Flight Crew Members at Stations: 

Since there is no flight crew onboard the UAS, the above-cited regulation is inapplicable. 

However, in keeping with the intention of the regulation, the PIC of the UAS and VO will be at 

their respective crew member sta.tions on the ground during takeoff and landing and during the 

duration of the flight. 

14 C.F.R. § 91.109: Flight Instruction: 

Section 91.109 states, "No person may operate a civil aircraft (except a manned ffee balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls." The 

proposed UASs are programtned to return to a level attitude and hover when the controls are 

returned to a neutral position. Additionally, they have a return to home function. Because of these 

built in safety features, dual control is not necessary in order to maintain an equivalent level of 

safety proposed by section 91.109 during tra.ining. All training will be conducted in a controlled 

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

Section 91.119 provides, in part, that: "except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes... (c) Over other than congested areas. An altitude of 

500 feet above the surface, except over open water or sparsely populated areas. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. "It 

additionally allows helicopters to be operated at less than those minimums prescribed in 

paragraph (b) or (c) of the section if they comply with routes or altitudes specifically prescribed 

for helicopters by the FAA. 

Because the Petitioner requests authority to operate at altitudes only up to 400 AGL, an exemption 

is needed to allow such operations. 

The 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. All affected individuals will be informed of the planned flight 

operations. Compared to flight operations for manned aircraft and the lack of flammable fuel, any 

risk associated with the proposed UAS operations is far less than conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between 

conventional aircraft. 

Petitioner requests two levels of separation based u,pon operational height as follows: 

1. 500 feet of separation from all non-participating persons, vessels, vehicles, and structures 

below 400 feet AGL if ANY portions of the operations occur at or above 125 feet AGL, 

unless the owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of the risk 

of operating closer to those object and determined that it does not present an undue 

hazard; or 

2. 160 feet of separate from all non-participating persons, vessels, vehicles, and structures if 

ALL portions of the operations occur below 125 feet AGL, as diagramed below, unless 

the owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those object and determined that it does not present an undue hazard. 

Separation 

Elevation 

400' 

125' 

AGL Separation block in all 

to directions of UAS if any 

400' portion of the operations 

AGL occur above 125' AGL. 

Separation block in all 

directions of the UAS if ALL 

I<125' 160' portions of the operations 

AGL occur below 125' AGL. 

This reduced separation request for altitudes below 125 feet AGL is necessary to allow 

commercially practical data collection operations and filming in either congested areas or other 

than congested areas. The burden of obtaining permissions of all non-participating persons or 
owners of, vessels, vehicles, and structures within 500 feet of UAS operations that are limited to 

altitudes below 125 feet AGL is overly burdensome and economically challenging for no greater 

safety benefit than attained by Petitioner's proposed separation requirements. The proposed 

reduced separation is proportionally correct (1.25 feet of separation for every 1 foot of altitude) 

to previous exemptions issued for 500 feet of separation at 400 feet AGL and provides an 

equivalent level of safety. Additionally, all proposed UAS in this request have the capability to 

electronically set flight elevation restrictions to ensure compliance with the proposed reduced 

separation at altitudes below 125 feet as proposed. 

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

Section 91.121 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 a UAS may not have a barometric altimeter, but instead 

reference a GPS altitude, an exemption is needed. The operator will achieve an equivalent level of 

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

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

Section 91.151(a) (1) prohibits a person 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; ..." 

The battery powered UASs all provide less than 30 minutes of powered flight. Therefore the UAS 

cannot meet the 30-minute reserve requirement in 14 CFR §91.151 (a) (1). In lieu of this 

requirement the UAS flights will not be started unless there is enough available power for the UAS 

to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater. 

14 C.F.R. § 91.203 (a) and (b): Civil Aircraft: Certifications required: 

Siar to 14 CFR 91.9 (b) (2), gi mil ven the size and configuration, the UAS has no ability to cany 

certificates and registration documents on the aircraft. An equivalent level of safety will be achieved 

by mainta.ining any such required certifications and registrations at the Ground Control Station 

accessible to the PIC. 

14 C.F.R. § 91.405 (a): 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Petitioner's operations. Maintenance will be accomplished by the PIC in 

accordance with the manufacturers recommended procedures. An equivalent level of safety will be 

achieved because the UASs are limited in size, will carry a small payload and operate only for limited 

periods of time. A preflight inspection wYll be performed prior to every flight to ensure no 

mechanical issues are present. If inechanical issues arise, the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to flight, and perform any required maintenance. Moreover, the operator is the person 

most familiar with the UAS and best suited to maintain it in an airworthy condition 
14 C.F.R. § 91.409: (a) (1) and (2): Inspections: 

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

sections should not apply to the Petitioner. An equivalent level of safety will be achieved because 

these small UAS's are very limited in size and will cany a sma11 payload and operate only in 

restricted areas for limited periods of time. 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. Since the UASs will have limited components, a thorough inspection can 

be accomplished before each flight, eliminating the need for periodic, time based, or flight-hour 

based inspection cycles. 

14 C.F.R. § 91.417 (a) and (b): Maintenance Records: 

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

sections should not apply to the Petitioner. An equivalent level of safety will be achieved because 

these small UAS's are very limited in size and will cany a sma11 payload and operate only in 

resfiricted areas for limited periods of time. 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. Since the UASs will have limited components, a thorough inspection can 

be accomplished before each flight, eliminating the need for periodic, time based, or flight-hour 

based inspection cycles. 

Summary for Publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

San Juan Flyers, LLC seeks an exemption from the following rules: 14 CFR § Part 21 Subpart H;14 

CFR § 61.101(e) (4) and (5); 14 CFR § 61.113 (a); 14 CFR § 61.315 (c) (2) and (3); 14 CFR § 91.7 (a); 

14 CFR § 91.9 (b) (2); 14 CFR § 91.103;14 CFR § 91.105; 14 CFR § 91.109 (c); 14 CFR § 91.119 

(b) and (c); 14 CFR § 91.121;14 CFR § 91.151 (a) (1); 14 DFR § 91.203 (a) and (b); 14 DFR § 

91.405 (a); 14 CFR § 409 (a) (1) and (2); 14 CFR § 91.417 (a) and (b) to operate commercially 

small unmanned vehicles (55 pounds or less) for aerial data collection, motion picture and 

television filming. 

As established by the UAS exemptions already granted by the FA.A., allowing commercial 

operations of UASs for aerial data collection and film operations will enhance safety by reducing 

risk. Conventional aerial data collection and film operations typically involve helicopters operated 

at low altitudes, which present the risks associated with aircraft that weigh thousands of pounds, and 

carry large amounts of fuel. Such aircraft must also fly to and from aerial data collection and film 

locations. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries virtually 

eliminates all of that risk given the small size and lack of combustible fuel. The UAS is transported, 

not flown to aerial data collection and film locations. In this regard, the UAS carries no passengers 

or crew and therefore will not expose anyone to the risks associated with manned flights. The 

operation of UAS s conducted in accordance with this request will provide an equivalent level of 

safety supporting the grant of the exemption requested herein. The UASs operate at slow speeds, 

close to the ground, and within a limited range. As a result, they are far safer than conventional 

operations conducted with helicopters carrying fuel and flying near the ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of 
sight and national security) provide more than adequate justification to grant Petitioners requested 

exemption, allowing for Petitioner's UAS commercial operations for aerial data collection and 

filming for the motion picture and television industry. 

Sincerely 

Leasa A. Wangoe 

Managing Member 

San Juan Flyers, LLC