July 30th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Part 11, CSRMFoundation (hereafter CSRM) is applying for a Summary Grant of Exemption from the 

Federal Aviation Regulations (FARs) identified below, to operate small unmanned aerial systems (sUAS)

for the purpose of conducting aerial data collection, including aerial imaging and remote sensing and 

surveying, in support of its research, education, and community outreach programs. CSRM respectfully 

notes that the Federal Aviation Administration (FAA) has previously issued grants of exemption in 

circumstances similar in all material respects to those presented in this document. 

CSRM will be happy to change any part of this proposal, the proposed activities, or requested

exemptions as requested by the Federal Aviation Administration.

DESCRIPTION OF sUAS:

 DJI Phantom 3 Professional, a system weighing less than 4 lb gross during flight activities (micro 

UAS sub-category)

 On-board flight computer with GPS navigation ability for automated flight paths and return that 

receives signals from a 2.400 to 2.483 GHz ground control system.

 On-board camera capable of both high resolution video and stills.

 On-board telemetry system that records flight data from the flight computer for consistent 

geolocation, altitude, horizontal and vertical speed, orientation, and direction of optional preestablished flight paths and automated return features in the event of signal disruption.

 On-board 2.400 to 2.483 GHz radio transmitter that sends live video feed from the onboard 

camera as well as telemetry data.

 Power source is a 6000 mAh LiPo battery that supports approximately 20 minutes of continual 

flight time per charge.

DESCRIPTION OF GROUND CONTROL SYSTEM

 A Pilot in Command (PIC) in operational control of a flight from beginning to end who controls 

the sUAS while in the air.

 A 2.400 to 2.483 GHZ radio transmitter/receiver operated by the PIC to control the sUAS during 

flight.

 A radio receiver obtaining live video feed and flight data from the onboard camera and 

computer
 A Visual Observer (VO) who adds redundancy to the PIC’s line of sight control over the flight of 

the sUAS

DESCRIPTION OF THE PETITIONER

CSRMFoundation is a 503(c) non-profit organization devoted to archaeological research, management 

and development of heritage sites, and public engagement with historical education and preservation. 

CSRM, in collaboration with JPL/NASA, the NASA Goddard Spaceflight Center, and the Johns Hopkins 

University, employs sophisticated remote sensing and geospatial analyses to meet these goals. CSRM is 

a global leader in the application of these technologies to archaeological heritage management, and the 

use of small UAS holds enormous promise for facilitating research and management activities. 

Acquisition of very high resolution aerial imagery from a low-cost, low-maintenance, and rapidly 

deployed platform will allow CSRM to fulfill objectives that would otherwise be cost- and capacityprohibitive for a small research institution. Because of this, CSRM seeks an exemption for operations of 

small UAS for the purpose of conducting aerial data collection as a part of its current and future research 

portfolio.

The contact information for the Petitioner is as follows:

Douglas Comer, Ph.D.

Primary Investigator, CSRMFoundation

2113 St. Paul Street, Baltimore, MD 21218

(410) 244-6320 // dcomer@culturalsite.com

DESCRIPTION OF PROPOSED ACTIVITES

CSRM seeks an exemption pursuant to Section 333 of the Reform Act to use a DJI Phantom 3 

Professional UAS to meet the above goals. The three primary uses to which this UAS will be put are i) 

direct research applications, using the integrated 4k camera to collect low-altitude (sub-200 foot) aerial

imagery for visual analysis and photogrammetry, ii) education, training other archaeology and heritage 

management professionals in using sUAS in carefully controlled environments, and iii) promotion of 

CSRM’s mission through video and still images of projects and project locations. The sUAS employed by 

CSRM is a new edition of the same chassis/vehicle that has been approved for other FAA exemptions 

(DJI Phantom 2). The FAA has previously determined that these vehicles meet the criteria established in 

Section 333 of the Reform Act and are suitable platforms for performing aerial data collection. The 

proposed operations in this Petition for Exemption are consistent with other applications made to the 

FAA by research institutions.

The sUAS will be operated in the field with both a PIC and a VO in accordance with FAA Policy N 

8900.227 Section 14 “Operational Requirements for UAS” with the following additional restrictions:

a) No flight will be made with a sUAS Gross weight exceeding 5 pounds; 
b) All operations must occur in FAA Class G airspace at no more than 200ft AGL, at an airspeed of no 

more than 50 knots and no further than 1 NM from the PIC; 

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during a flight operation; 

d) Operations will be restricted to flights over property with the permission of the property owner; 

e) All required permits will be obtained from state and local government prior to operation; 

f) sUAS System will not be operated over densely populated areas;

g) sUAS System will not be operated at air shows;

h) sUAS System will not be operated over any open-air assembly of people;

i) sUAS System will not be operated over heavily trafficked roads;

j) sUAS System will not be operated within 5 NM of an airport or heliport with a control tower or within 

3 NM of an airport without a control tower; 

k) Operations will be restricted to day only and weather conditions equivalent to VFR; 

l) The PIC will brief the VO and property owner about the operation and risk before the first flight at 

each new location; 

m) No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain 

that the sUAS is in a condition safe for flight.

PILOT CERTIFICATION

The PIC will operate under the Operator Certificate FAA classification in lieu of a formal piloting license, 

as the sUAS proposed for use in this document falls within the micro sUAS sub-category described in 

Part 107 of the proposed rules. Aeronautic knowledge is self-certified under this classification and 

comprehensive operational and safety training will be conducted at CSRM before any field operations 

are undertaken. 

RELEVANT STATUTES

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. 

Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems 

into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is 

to permit unmanned aircraft systems to operate in the sUAS where it is safe to do so based on the 

following considerations: 

x The sUAS's size, weight, speed and operational capability; 

x Operation of the sUAS away from airports and populated areas; and

x Operation of the sUAS within the visual line of sight of the operator. 

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) 

(permitting exemptions from §§ 44701(a), (b) and §§ 44702 ± 44716, et seq.). A party requesting an 
exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) 

would not adversely affect safety (or how it would provide a level of safety at least equal to the existing 

rules). See 14 C.F.R. § 11.81 (petitions for exemption). 

CORRESPONDENCE BETWEEN PROPOSED sUAS OPERATION AND REQUIREMENTS OF SECTION 333 OF 

THE REFORM ACT

CSRM’s proposed operations in this Petition for Exemption qualify for expedited approval via the 

summary grant process pursuant to Section 333 of the Reform Act, as each of the statutory criteria and 

relevant factors are satisfied and the FAA has previously issued grants of exemption in circumstances 

similar in all material respects to those presented in this Petition for Exemption. 

A. Approval is Warranted Based on the Low Risk Presented by the sUAS's Size, Weight, Speed, and 

Operational Capability 

The FAA is familiar with and has already determined that previous generations of the vehicle employed 

by CSRM meet the requirements of Section 333 of the Reform Act due to weight, speed, and operational 

capabilities. The DJI Phantom 3 is an updated version of the previously exempted DJI Phantom 2 

(Exemption No. 11315 to The Climate Corporation and Precision Planting, LLC; Exemption No. 11445 to 

Unmanned Aerial Solutions). The DJI Phantom three shares all of the core characteristics that make the 

DJI Phantom 2 eligible, namely:

 Weighing less than 55 lbs (gross flight weight of sUAS is less than 4 lbs/micro UAS sub-category);

 Automated safety features and return capability on disruption of either GPS signal to the vehicle 

or communication with the ground based controller held by the PIC;

 Limited range (2 km/23 minutes) and speed (16 m/s) capabilities with no minimum altitude or 

cruising speed required for operation;

 The radio frequencies used to transfer information between the ground based controller and 

the sUAS fully comply with FCC requirements

B. Approval is Warranted Based on the Operational Restrictions in CSRM’s Operating Protocols

 Max altitude of 200 m AGL for operational use, limited by preflight programming of the flight 

computer;

 Operation of the sUAS in line-of-sight visibility to both the PIC and the VO

C. Approval Is Warranted Based on Precedent in Materially Similar Cases

 Similar vehicle: DJI Phantom 2: Exemption No. 11315 to The Climate Corporation and Precision 

Planting, LLC; Exemption No. 11445 to Unmanned Aerial Solutions;
 Similar purpose: Exemption No. 11552 to Sinclair Community College to conduct educational 

research and training (Docket No. FAA-2015-0374).

CSRM’s operation protocols and the manufacturer's manuals for the selected sUAS platform contain all 

the procedures and limitations necessary to safely and successfully perform the proposed operations. 

D. Approval Is Warranted Based on Public Good

CSRMFoundation is registered as a 501(c)(3) nonprofit institution, incorporated to undertake 

methodological research in archaeological remote sensing, and has won a succession of grants through 

the Department of Defense Legacy Program, the NASA Research Opportunities in Space and Earth 

Sciences Program, the Strategic Environmental Research and Development Program, and within the next 

calendar year we expect to a research project that would employ sUAS aerial imagery to be funded by 

the National Science Foundation. The research undertaken by CSRM is immensely valuable to 

archaeological heritage management, as it potentially allows federal institutions to avoid significant cost 

in complying with archaeological site inventory and evaluation under sections 110 and 106 of the Native 

America Graves Protection and Repatriation Act (NAGPRA), thereby saving taxpayers money and 

increasing the operational efficiency of federal land management on military installations, the Bureau of 

Land Management, and similar institutions.

REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, 

including UAS, from its safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. CSRM seeks an exemption from several interrelated 

provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested operations 

using sUAS, including: 

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the sUAS System under either or both of the

following provisions: 

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance
of type and supplemental type certificates, flights to substantiate major design changes, and

flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict

operational requirements. Combined with the UA's light weight, being constructed primarily of

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

As the sUAS is by definition uninhabited, there is no interior space available to comply with the display 

of the airworthiness and registration certificates found in subparagraph (b), "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew." To obtain an equivalent level of safety and 

meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via chassis painting containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23

(below) , which follows immediately after the proposed description below:

EXPERIMENTAL

Manufacturer: DJI Innovations, Inc.

950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119

Models: Phantom 3 Professional

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display “N'' and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an 

entrance in which the word 11EXPERIMENTAL11 can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word 

“EXPERIMENTAL” directly on the chassis of the sUAS, as shown above, where the PIC, VO and others in 

the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, 

we feel that the permanent inscription on the chassis discussed in the previous paragraph will provide 

the aircraft's registration information at the ground station. Finally, we will display at the ground station 
a high contrast flag or banner that contains the words “unmanned Aircraft Ground Station” in letters 3 

inches high or greater. Since the aircraft will operate within 2 KM of the ground station, the banner 

should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft 

is in, or preparing for, flight.

91.103 Preflight Action: 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." The sUAS ground based control station consists 

of a small hand-held radio transmitter and while it does not offer a second set of “controls”, both the 

student and instructor can, and will, operate the single set of controls simultaneously. With both 

student and instructor having “hands-on” the controls during flight, we feel that this technique meets 

the intent 91.109 and provides an equivalent level of safety.

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 aircraft will be operating at a maximum of 200 

feet AGL, we cannot comply with this requirement. In order to provide an equivalent level of safety we 

will only fly over open (i.e. without power lines, heavy tree cover, or other obstructions) property plots

with a size of at least two acres with the permission of the owner of the property flown over. The 

aircraft will not be operated over congested areas, over any open air assembly of persons, or during any 

emergency operations. The property owner will be briefed on the expected route of flight and the 

associated risks to persons and property on the ground. 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 200 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 is battery operated and the maximum duration of flight from a single 

battery charge is 20 minutes with a 20°/o reserve. Since the aircraft will never fly more than 2 km 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".

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." As provided in the Pre-Flight Checklist in Appendix A, the PIC 

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

detailed inspections after every two hours of flight. 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. 8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical. This 

policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued 

under part 67 in order to perform as a pilot or observer. The sUSA maximum gross weight is 4 pounds, it 

is constructed of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are 

required to be in VLOS. Given the unlikely event that both the PIC and VO become medically 

incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and 

land without crew intervention. Therefore, requiring the PIC and VO to meet the same medical 

requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We 

propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a 

valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO can see 

and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

CSRM seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R.

§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify
maintenance and inspection standards in reference to 14 C.F.R. Part 43.6 An exemption from these

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness

certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the operating documents and any required manufacturer Safety or

Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre-flight

inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable 

components. Maintenance will be performed and verified to address any conditions potentially affecting 

safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the 

UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will 

be conducted following the replacement of any flight-critical components. As required by the operating 

documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records 

of the flight.

The operating documents also include requirements to follow the sUAS maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft components. Moreover, 

the operating documents also include procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, and status of airworthiness.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical 

Certificate, Privileges and Limitations

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. CSRM’s intended use of the sUAS fulfills both of these requirements: as a 

research nonprofit, sUAS applications will be a part of activities outlined in our research proposals and 

not of direct commercial consequence; similarly, the DJI Phantom 3 sUAS is incapable of taking either 

passengers or a non-camera payload. We feel that our use meets the intent of 14 CFR 61.113.

As the PIC of CSRM’s sUAS (micro sub-category) will operate under an Operator Certification rather than 

a License, any specific restriction on licensed activity is anticipated by the restrictions already present in 

the Certification/License distinction.