UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, D.C.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

DRONEWORKS IMAGING, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.23(A) AND (C), 61.101(E)(4) AND (5),61.113(A), 61.315(A), 61.113(A) 

AND (B) , 91.7 (A), 91.109, 91.119(C), 91.121, 91.151(A)(1), 91.405(A), 91.407(A)(1), 

91.409(A)(1) AND (2), 91.417(A) AND (B), CONCERNING COMMERCIAL

OPERATION OF DJI S1000, DJI MATRICE 100, DJI PHANTOM 3 PROFESSIONAL

AND DJI INSPIRE 1 UNMANNED

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on August 26, 2015

Droneworks Imaging, LLC

Mark T. Atkinson, General Counsel

1416 West First Street, Suite 200

Winston Salem, NC 27101

Phone: 336-631-9987 

Email: mark@mtalaw.com

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CONTENTS

COVERLETTER............................................................................................................................................ 3

NAME OF APPLICANT................................................................................................................................. 4

REGULATIONS SEEKING RELIEF FROM .................................................................................................. 4

EXTENT OF RELIEF SOUGHT AND THE REASON DRONEWORKS SEEK THE RELIEF ...................... 4

HOW OUR REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE. .................................................... 6

The public will benefit from decreased congestion of the NAS................................................................. 6

The public will benefit from the safety and efficiency of DroneWorks sUAS............................................. 6

Performing aerial video and photography operations with DroneWorks sUAS will benefit the economy . 6

Privacy issues............................................................................................................................................ 7

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY.......................................................... 7

14 CFR 61.23 Medical Certificates............................................................................................................ 7

14 CFR 61.101, 14 CFR 61.113, and 14 CFR 61.315 Pilot privileges and Limitations ............................ 7

14 CFR 91.7 Civil Aircraft Airworthiness ................................................................................................... 7

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.............................. 8

14 CFR 91.119 Minimum safe altitudes: General ..................................................................................... 8

14 CFR 91.121 Altimeter Settings............................................................................................................. 8

14 CFR 91.151 Fuel requirements for flight in VFR conditions................................................................. 8

14 CFR 91.215 ATC transponder and altitude reporting equipment and use:.......................................... 8

14 CFR subpart e (91.401- 91.417) - maintenance, preventive maintenance, alterations ....................... 9

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER................................................ 9

DRONEWORKS OPERATIONS................................................................................................................... 9

Background ............................................................................................................................................... 9

REQUEST FOR CONFIDENTIALITY.........................................................................................................10

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COVERLETTER

August 26, 2015 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

To whom it may concern:

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

C.F.R. Part 11, DroneWorks Imaging, LLC (DroneWorks), a North Carolina based limited liability 

company operating Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography 

and survey for various industries, hereby applies for an exemption from the Federal Aviation Regulations 

(FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal 

Aviation Administration (FAA) so long as such operations are conducted with and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. The requested 

exemption is similar to previous FAA issued grants of exemption including but not limited to Exemption 

Nos. 11062, 11109, 11112, 11213 and 11295. 

Our commercial activities would include: 

The requested exemption would permit DroneWorks to pursue its commercial interests in providing 

services to consumers interested in training, research, and aerial data capture using a small advanced 

sUAS in the following areas: 

- Aerial Photography and Videography for the real estate, construction, and utilities industries 

- Agricultural Surveying and Application 

- sUAS Operator Training 

- Product Demonstrations 

- Research and Development 

All DroneWorks sUAS flights that will occur over private or controlled access property will do so with the 

property owner's prior consent and knowledge. Only people who have consented or otherwise have 

agreed to be in the area where photography and videography will take place will be captured in any 

photos or videos.

Additionally, all DroneWorks pilots will hold an airline transport, commercial, private, recreational, or sport 

pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. If an observer is not a qualified pilot, they will be trained by DroneWorks pilots to understand 

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the proper roles of an observer, communication procedures, proper visual scan techniques, operations at 

non-towered airports, and appropriate sections of the Aeronautical Information Manual.

NAME OF APPLICANT

The name and address of the applicant are:

Droneworks Imaging, LLC

Attn: Mark Atkinson, General Counsel

1416 West First Street, Suite 200

Winston Salem, NC 27101

Phone: 336-631-9987

Email: mark@mtalaw.com

REGULATIONS SEEKING RELIEF FROM

Regulations from which the exemption is requested:

- 14 CFR 61.23(a) and (c)

- 14 CFR 61.101(e)(4) and (5)

- 14 CFR 61.113(a)

- 14 CFR 61.315(a)

- 14 CFR 61.113(a) and (b)

- 14 CFR 91.7 (a)

- 14 CFR 91.109

- 14 CFR 91.119(c)

- 14 CFR 91.121

- 14 CFR 91.151(a)(1)

- 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 the extent necessary to allow DroneWorks to operate a UAS to perform training, research, and aerial 

data collection.

EXTENT OF RELIEF SOUGHT AND THE REASON DRONEWORKS 

SEEKS THE RELIEF

We are petitioning for exemption to enable DroneWorks to operate a series of UAS platforms that have 

been previously approved by exemption. Namely:

DJI Inspire - Exemption 11398 

DJI S1000 - Exemption 11416

DJI Phantom 3 Professional - Similar to Exemption 11310

DJI Matrice - Similar to Exemption 11398

These UAS all weigh less than 55 lbs., have a built- in capability to limit the height flown above the 

ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D 

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airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot 

system, which means when the communication between the Main Controller and the transmitter is lost, 

the system will automatically trigger Return to Home and will land safely. 

This submission does not include the DJI’s (the manufacturer of all DroneWorks sUAS) User Manuals for 

each model requested above, as they have been reviewed by the Administrator in granting previous 

exemptions. Copies of all User Manuals for the individual models listed will be submitted on request. It 

should be noted, that while the FAA has not previously granted an exemption for the DJI Phantom 3 

series, it is an upgraded version of the DJI Phantom 2 including components pioneered by DJI with the 

Inspire 1.

Model specifics are listed in the DroneWorks General Operating Manual and checklists which is included 

with this submission.

The above specifications meet standards listed below: 

- DroneWorks will only operate its sUAS in line of sight of a pilot and/or observer and will operate 

at sites that are a 'sufficient distance' from populated areas within the sterile area described in 

DroneWorks’s manual. Such operations will insure that the sUAS will "not create a hazard to 

users of the national airspace system or the public." 

- DroneWorks will not operate sUAS within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with that 

airport’s management is obtained or otherwise permitted by a COA issued to DroneWorks. 

- Maximum flight time for each operational flight will be 60 minutes. 

- Flights will be terminated at 20% battery power reserve should that occur prior to the 60 minute 

limit. 

- The sUAS will be programmed so that it will not be operated at an altitude of no more than 400 

feet AGL. 

- Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer. 

- The sUAS PIC's (Pilot in Command) will be an airline transport, commercial, private, recreational, 

or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. 

driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, 

or the Federal government. 

- The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal)

- The sUAS will operate at speeds of no more than 87 knots (100 miles per hour) . 

- Given the small size of the sUAS and the restricted sterile environment within which they will 

operate, our sUAS operations adhere to the Reform Act's safety requirements. 

Additionally, the fact that the DroneWorks pilots hold FAA Pilot certificates demonstrates that they have a 

high regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance and 

repair, operations within airspace, as well as being trained to high safety standards . 

Under the requested exemption, DroneWorks will ensure that all operators have completed a small 

unmanned aircraft systems (sUAS) education and training program including all applicable regulations 

and guidance documents; including aeronautical background information such as charts, NOTAMS and 

Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; 

Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating 

Procedures. 

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We respectfully request exemption under Section 333 to enable DroneWorks to operate safe, low-risk 

commercial sUAS operations for the activities stated. RFS at all times will respect the space and privacy 

of citizens and property while keeping our skies safe.

HOW OUR REQUEST WOULD BENEFIT THE PUBLIC AS A WHOLE.

Granting the present Petition will further the public interest by allowing DroneWorks to safely, efficiently, 

and economically perform aerial data collection over certain areas of the United States.

Additionally, use of DroneWorks sUAS will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of DroneWorks’s proposed operation of 

DroneWorks sUAS will be realized without implicating any privacy issues.

The public will benefit from decreased congestion of the NAS

DroneWorks sUAS are battery powered and serve as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft 

needed to perform aerial acquisitions, an exemption allowing the use of a DJI DroneWorks UAS 3 UAS 

would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as 

increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. DroneWorks UAS do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and 

photography missions would result in fewer aircraft that must be handled by air traffic control during the 

ground, takeoff, departure, arrival, and landing phases of flight operations.

The public will benefit from the safety and efficiency of DroneWorks sUAS

Conducting aerial acquisitions with DroneWorks UAS, instead of manned aircraft, will greatly benefit the 

public by drastically reducing the levels of air and noise pollution generated during traditional aerial data 

collection flight operations. By using battery power and electric motors, DroneWorks UAS produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and photography, while 

burning approximately 20-30 gallons per hour of leaded aviation fuel. DroneWorks UAS, while reducing 

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by 

battery powered electric motors, rather than an internal combustion engine.

By using DroneWorks UAS to perform aerial data collection, the substantial risk to life and property in the 

air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, DroneWorks UAS (weighing maximum of 25 pounds at their maximum gross weight 

with diagonal dimension of 36 inches, and with no fuel on board), has less physical potential for collateral 

damage to life and property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons).

Performing aerial video and photography operations with DroneWorks sUAS will 

benefit the economy

In addition to being safe and efficient, DroneWorks UAS are also an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of DroneWorks UAS will allow 

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United States based companies, like DroneWorks, to remain competitive and contribute to growth of the 

U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

(“EPA”) regulatory phasing out leaded aviation fuels, U.S. owned and operated companies must adopt 

new and alternative technology in order to remain competitive. Operating the battery powered DJI 

DroneWorks UAS is one such technology that not only allows companies greater operational flexibility 

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional 

manned aircraft.

By operating DroneWorks UAS, companies such as DroneWorks, can remain competitive and profitable, 

and therefore, provide greater job stability to employees and contractors, which will ultimately contribute 

to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of DroneWorks UAS, provides a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research and development in order to 

remain competitive both in the United States and abroad.

Privacy issues

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

DroneWorks’s proposed operation of DroneWorks UAS will not implicate any privacy issues. Specifically, 

DroneWorks UAS will be operated only in compliance with operating documents (i.e., DroneWorks 

General Operations Manual, UAS Maintenance Log, and applicable DJI Instruction Manuals) which 

requires property owner involvement as well as local law enforcement notification, and in accordance with 

the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Droneworks requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the sUAS System:

14 CFR 61.23 Medical Certificates 

The regulation provides that a person requires a first or second class medical to act as pilot in Command 

of an aircraft for compensation or hire. Our proposed operations require that the PIC must hold a current 

FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry 

passengers or property, we feel we meet the intent of 61.23 even though the intent of this application is to 

conduct a business.

14 CFR 61.101, 14 CFR 61.113, and 14 CFR 61.315 Pilot privileges and Limitations 

The regulation provides that no person that holds a Recreational Pilot, Sport Pilot, or Private Pilot 

certificate may act as pilot in Command of an aircraft for compensation or hire. Our proposed operations 

require that the PIC must hold at least airline transport, commercial, private, recreational, or sport pilot 

certificate. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Civil Aircraft Airworthiness 

This Section prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

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14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight Instruction 

unless that aircraft has fully functioning dual controls." Training will be conducted by DroneWorks we 

have the ability to provide dual controls utilizing two transmitters with a wireless link between the 

transmitters. One transmitter is designated the master transmitter and the other transmitter is designated 

as a slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume control 

of the sUAS. 

14 CFR 91.119 Minimum safe altitudes: General 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer 

than 500 feet to the items listed. Operations will only be flown over property or persons where permission 

has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property 

on the surface. Therefore we maintain that due to the small size of the SUAS, the hazard to persons, 

vehicles and structures is minimal compared to manned aircraft, which should be considered in granting 

the exemption.

14 CFR 91.121 Altimeter Settings 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter 

measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the 

display screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge 

is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more 

than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet 

the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for 

an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve 

and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% 

battery reserve after that. 

14 CFR 91.215 ATC transponder and altitude reporting equipment and use: 

This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be 

equipped with automatic pressure altitude reporting equipment having a Mode C capability that 

automatically replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs 

we cannot carry a traditional transponder. All of our operations will be less than 400’ if we are operating 

within the 30 NM reach of a mode C vail. 

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14 CFR subpart e (91.401- 91.417) - maintenance, preventive maintenance, 

alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that 

the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and 

inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, 

conducting Service Checks, to be accomplished at an interval not to exceed 10 calendar days or 5 hours 

since the last Service Check. 

Unscheduled Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. All other 

maintenance will be performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 

For publication in the Federal Register, DroneWorks hereby provides pursuant to Part 11 a summary of 

its exemption application to allow commercial operation of the DJI Inspire1, DJI S1000, DJI Phantom 3 

Professional, DJI Matrice in aerial data collection. An exemption is requested from the following 

regulations:

- 14 CFR 61.23(a) and (c)

- 14 CFR 61.101(e)(4) and (5)

- 14 CFR 61.113(a)

- 14 CFR 61.315(a)

- 14 CFR 61.113(a) and (b)

- 14 CFR 91.7 (a)

- 14 CFR 91.109

- 14 CFR 91.119(c)

- 14 CFR 91.121

- 14 CFR 91.151(a)(1)

- 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), 

DRONEWORKS OPERATIONS

Background

Droneworks Imaging, LLC, a registered limited liability company in the State of North Carolina, is a 

media/technology company owned and operated by Lee Hinshaw and Boris van Lier.

Mr. Hinshaw has over 30 years’ experience in the field of Information Technology with particular 

emphasis on digital media processing and management. As a seasoned entrepreneur, Mr. Hinshaw has 

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owned and operated several businesses providing software development, digital photography, training 

and consulting. In addition, Mr. Hinshaw has accumulated over 100 hours flight time with multi rotor 

aircraft.

Mr. van Lier is a licensed FAA Airline Transport Pilot with over 10,000 hours in transport category aircraft. 

Mr. van Lier has held multiple 119 management positions (Chief Pilot, Director of Operations and Chief 

Operating Officer) in various US 14 CFR 121 airlines. Experienced with 14 CFR codes of regulations and 

the concepts of System Safety, Droneworks will rely on Mr. van Lier expertise to ensure Droneworks 

UASs will be operated safely. In addition to Mr. van Lier’s extensive airline experience, he has over 20 

years in Remote Controlled (“RC”) aircraft experience in fixed wing, multi rotor and rotary aircraft. 

Droneworks will have a closed-loop, management system that provides a cycle of continuous, process 

improvement. This will be accomplished by using our own General Operations Manuals that is attached to 

the application.

REQUEST FOR CONFIDENTIALITY

We hereby respectfully request that all attached exhibits, manuals, and documents are not published into 

the Federal Register or made publicly viewable on www.regulations.gov. 

These documents contain proprietary information for use by DroneWorks Imaging, LLC, its employees 

and vendors. These documents should not be reproduced or published, except as necessary for 

DroneWorks’ needs electronically, by photocopy, or other methods without the expressed written 

permission of a DroneWorks officer. We therefore respectfully request that all exhibits attached to this 

Petition not be published.

Sincerely,

Mark T. Atkinson

General Counsel

DroneWorks Imaging, LLC

1416 West First Street, Suite 200 

Winston-Salem, NC 27101 

Phone: 336-631-9987 

Email: mark@mtalaw.com

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