Trevor Arthur

120 Autin Street

Des Allemands, LA 70030

tarthur@uno.edu

(504) 559-7206

March 2, 2016

Attention:

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 Modernization Reform Act 

and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 Subpart H; 14 CFR § 

91.203 (a) (1); 14 CFR § 45.23 (b); 14 CFR § 61.113(a); 14 CFR § 91.7(a); 14 CFR § 

91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 

14 CFR § 91.409(a)(1); 14 CFR § 91.409(a)(2); 14 CFR § 91.417(a) and 14 CFR § 

91.417(b).

Dear Administrator:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 

11, Trevor Arthur, operator of an Unmanned Aircraft System (UAS) herby applies for an 

exemption from the listed Federal Aviation Regulations to allow commercial operation of its 

UAS so long as such 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 of an UAS, as described herein, which are equipped with camera(s) 

and sensors would conduct the following operations:

• Aerial inspection/videography/photography of residential or commercial structures 

under contract with the owners or local authorities. Structures may include buildings, 

infrastructure, infrastructure components, construction sites and other facilities. 

•

• Aerial videography/photography for public and/or private use including real estate, 

engineering, land surveying, agriculture or other related professional activities. 

•

• Aerial videography/photography for public or private use including television, news 

events and broadcasts, public events and cinematography. 

•

• Aerial inspection/video/photography/live video feeds for assistance in search and 

rescue operations in cases of an emergency or natural disaster at the request of local 

authorities or government agencies whom have requested it by contract or donation 

As described below, the requested exemption would permit the operation of a UAS under 

controlled conditions within the National Airspace System (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”. 
U.S. Department of Transportation: March 2, 2016 Page 2

Applicant Name and Address:

Trevor Arthur

120 Autin Street

Des Allemands, LA 70030

tarthur@uno.edu

(504) 559-7206

The application is very knowledgeable of operations within the NAS and FAR’s governing 

aircraft operations. Further, the applicant is keenly focused on safe operations and has a 

clear understanding of the safety concerns involved with UAS technology and the potential 

for conflict with traditional aircraft. The applicant has over 50 hours of flying time with UAS 

vehicles and all UAS operations will be conducted pursuant to requirements defined by the 

333 exemption.

Exemption from the following regulations is requested:

14 CFR 21 Subpart H and 14 CFR § 91.203 (a) (1) 

14 CFR § 45.23 (b) 

14 CFR § 61.113 (a) 

14 CFR § 91.7 (a)

14 CFR § 91.119 

14 CFR § 91.121 

14 CFR § 91.151 (a) 

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)

Trevor Arthur will operate the following UAS vehicles under this exemption:

DJI Phantom 3

The DJI Phantom 3 is a quadcopter weighing 1280 g or approximately 3 lbs. It measures 590 

mm or approximately 24” measured diagonally from propeller tip to tip. The maximum vertical 

speed is 5 meters per second (11 mph) and the maximum horizontal speed is 16 meters per 

second (36 mph). The Phantom 3 is powered by a 4480 mAh Lipo battery with a maximum 

flight time of approximately 23 minutes. It is controlled by a Remote Controller with an 
U.S. Department of Transportation: March 2, 2016 Page 3

unobstructed range of 2,000 meters (6,500 feet). All radio transmission equipment complies 

with part 15 of the FCC rules. The Phantom 3 supports geofence technology that restricts 

flight areas, preventing flight within critical areas of the NAS. It also features an ‘Auto-Return 

Home’ feature, enabling the aircraft to automatically return to the point of departure upon 

command. An additional ‘Failsafe’ capability is including, causing the Phantom to 

automatically return to the point of departure if communications with the Remote Controller is 

lost or if the battery power is running low.

DJI Inspire

The DJI Inspire is a quadcopter weighing 2935 g or approximately 7 lbs. It measures 581 mm 

or approximately 23” diagonally. The maximum vertical speed is 5 meters per second (11 

mph) and the maximum horizontal speed is 22 meters per second (49 mph). The Inspire 1 is 

powered by a 4500 mAh Lipo battery with a maximum flight time of 18 minutes. It is 

controlled by a Remote Controller with an unobstructed range of 2 km (6,500 feet). All radio 

transmission equipment complies with part 15 of the FCC rules. The Inspire supports 

geofence technology that restricts flight areas, preventing flight within critical areas of the 

NAS. It also features an ‘Auto Return Home’ capability, enabling the UAS to automatically 

return to the point of departure upon command. Additionally, a ‘Failsafe’ capability is built in, 

causing the Inspire to automatically return to the point of departure if communications with 

the Remote Controller is lost or if the battery power is running low.

Manuals for both UAS have been attached as hyperlinks in Exhibit ‘A’, Manufacturer 

Documents and Manuals

The applicant will conduct all UAS operations within ‘line of sight’ such as to never loose 

visual contact with the UAS and operated within a closed off and predetermined area owned 

and or operated by the property representative. Further, the applicant will use a Visual 

Observer during all UAS operations. The Visual Observer will monitor safety and potential 

conflicts during operations and be in constant voice contact with the pilot.

Given the small size of the UAS and the controlled environment provided, the proposed 

operations adhere to the Reform Act’s safety requirements. Approval of this application 

presents no national security issues. Regarding the level of safety surrounding 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 OPERATIONAL LIMITATIONS AND CONDITIONS PROVIDING THE 

EQUIVLAENT LEVEL OF SAFETY

To assist the FAA in its safety assessment of the applicants proposed UAS operations, below 

is a summary of the operational limitations and conditions which the applicant intends to 

follow to ensure an equivalent or higher level of safety to operations conducted under current 

regulatory guidelines:

• The UAS will weigh less than 55 lbs. 
U.S. Department of Transportation: March 2, 2016 Page 4

• The UAS will have a maximum horizontal speed of not more than 50 mph. 

•

• All UAS flight operations will be conducted within line of sight of the Pilot in Command 

(PIC) and/or Visual Observer (VO). The PIC shall hold a Private Pilot’s license with a 

current Bi-annual Flight Review and Medical certificate. The UAS PIC must have a 

minimum of 20 hours of UAS flight time 

•

• All UAS flight operations will include a minimum crew of the UAS PIC and VO. The VO 

shall be able to communicate by voice with the PIC at all times. 

•

• All UAS flight operations will take place under Visual Flight Rules Meteorological 

Conditions (VMC) only. Flight operations shall be conducted during daylight hours 

only. 

•

• All UAS flight operations shall be conducted at a height of no more than 400 feet 

above ground level (AGL). 

•

• The maximum flight time for each flight operation will be 30 minutes. Flight operations 

will cease when 30% of the battery power remains or 30 minutes of flight time has 

been achieved, whichever occurs first. 

•

• A briefing of the flight crew will be conducted prior to the planned UAS operations. All 

personnel involved in the operations will be present for the briefing. 

• The PIC shall have the capability to abort a flight for any reason. Flight operations will 

not be conducted without an active ‘Failsafe’ mode. 

•

• The UAS flight operation shall remain clear of and yield right of way to all manned 

aviation operations. 

•

• The PIC and VO will be trained in the UAS operation and will have received up to date 

information on the individual UAS to be operated 

•

• Without a COA issuing an exemption, UAS operations shall not occur closer than a 5 

mile radius of the geographic center/Airport Reference Point (ARO) of an airport. 

•

• Flight operations over private or controlled-access property require permission from 

the property owner/controller or authorized representative. All flight operations shall be 

conducted at least 500 feet from all non-participating persons, vessels, vehicles and 

structures unless barriers or structures are present to sufficiently protect 

nonparticipating persons. 

•

• Flight operations shall be entered into a log book with all records available for viewing 

by governing agencies. 

•

PUBLIC INTEREST

UAS operations as described above meet or exceed existing standards of safety. 

Significantly smaller than manned aircraft, UAS vehicles are battery powered, resulting in 
U.S. Department of Transportation: March 2, 2016 Page 5

zero flight emissions with no explosive fuels to ignite or explode causing public safety 

hazards. Use of UAS vehicles also significantly reduces the risks to persons caused by 

manned aerial photography, surveys and inspections. UAS vehicles may also be rapidly 

deployed for search and rescue and disaster assistance, conducting operations in areas that 

may otherwise be deemed too hazardous for manned aircraft. The public as a whole will 

benefit from safer and more cost-effective services that UAS operations provide. 

REQUESTED REGULATORY EXEMPTIONS AND EQUIVLANT LEVEL OF SAFETY 

14 CFR Part 21, Subpart H, and 14 CFR § 91.203 (a) (1) 

Subpart H, entitled ‘Airworthiness Certificates’ defines the requirements for issuance of 

airworthiness certificates as required by 14 CFR § 91.203 (a) (1). Given the small size, 

weight and limited operating area of UAS to be used 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 and Section 333 of the Reform Act 

authorize the FAA to exempt aircraft from the requirements for an airworthiness certificate 

upon consideration of the size, weight, speed, operational capability and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that a UAS operated without an airworthiness certificate in the restricted 

environment and under the conditions proposed, will be at least as safe, if not safer, than 

conventional aircraft operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

The applicant’s UASs weigh substantially less than 55 pounds, carry no pilot or passenger, 

carry no flammable liquid fuels or explosive materials and operate exclusively within secured 

and designated area. Flight operations under this exemption will be controlled and monitored 

by the PIC and VO, conducted in full compliance with the conditions of this document and 

any local public safety requirements. 

14 CFR § 45.23 (b) Marking of the Aircraft 

Applicant requests an exemption from the provisions of 14 CFR 45.23 (b), which states in 

part, “...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 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...” While the UAS will have no airworthiness certificate, an exemption may be 

required as the UAS will have no entrance to a cabin, cockpit or pilot station in which the 

word ‘Experimental’ may be placed. Given the size of the UAS, 2 inch lettering is 

impracticable. The word ‘Experimental’ will be placed on the fuselage in compliance with 

45.29 (f). The equivalent level of safety will be provide by having the UAS marked on its 

fuselage as required by 45.29 (f) in a location where the pilot, observer and others

associated with the UAS operations will see the identification of the UAS as ‘Experimental’

14 CFR § 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 

pilot in command of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. 

The applicant seeks an exemption to the compensation limitation as UAS operations 
U.S. Department of Transportation: March 2, 2016 Page 6

undertaken will not be incidental to business or employment. The risks associated with UAS 

operations are far less than comparable commercial activities. Further, the PIC of the UAS 

will be a Private Pilot with a current BFR and valid Medical certificate.

14 CFR § 91.7 (a) Civil Aircraft Airworthiness

91.7(a) states that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificates issued for the UAS, this exemption should be 

granted as no FAA regulatory standard will exist for determining airworthiness. Given the size 

of the aircraft and the applicant’s use of the manufacturer’s documentation for maintenance 

and safety checks, an equivalent level of safety will be provided.

14 CFR § 91.119 Minimum Safe Altitudes

The applicant seeks an exemption from the minimum safe altitude requirements of 14 CFR § 

91.119. This section defines safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums described, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. To perform the UAS missions contemplated by the applicant, the UAS will normally be 

operated in close proximity to the infrastructure to be inspected or photographed. 

Accordingly, due to the nature of these missions, the UAS may at times be less than 500 feet 

away from structures during the mission and an exemption is therefore requested.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS 

as well as the location of operation. Proposed UAS flight operations shall require the 

permission of the property owner/controller or local official. Because of the need obtain 

permission from both the property owner and participants in the activity, all affected 

individuals will be aware of the planned flight operations. The relative size of the UAS and 

lack of flammable fuel presents risks far below those presented by conventional aircraft 

operating at or below 500 feet. Further, UAS operations shall not exceed 400 feet AGL, 

providing separation between UAS and conventional aircraft.

14 CFR § 91.121 Altimeter Settings

The applicant seeks an exemption from altimeter setting requirements prescribed by 14 CFR 

§ 91.121 which requires a person to maintain altitude by reference to an altimeter that is set 

to the elevation of the departure airport or barometric pressure. An exemption is required as 

the UAS does not have a barometric altimeter. Rather, the UAS utilizes GPS derived altitude. 

The applicant shall ensure the GPS system is operational and active prior to each flight 

operation and shall monitor the altitude displayed, not allowing the UAS to operate above 

400 feet.

14 CFR § 91.151 (a) Fuel Requirements for Flight in VFR Conditions

The applicant seeks an exemption from the fuel requirements prescribed by 14 CFR § 

91.151 (a), requiring enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, during the day, to fly after that for at least 30 minutes. The UAS is 

battery powered and able to provide approximately 23 minutes of total flight time. As such, 

the UAS is not capable of meeting the 30 minute reserve requirement and a longer time 

frame for flight in daylight VFR conditions is reasonable
U.S. Department of Transportation: March 2, 2016 Page 7

Operating the UAS in a tightly controlled area, where only people and property owners who 

have given permission for the operation are allowed, with less than 30 minutes of fuel does 

not present the type of risks 91.151 (a) was intended to address. With the small size of the 

UAS and line of sight operations, the applicant believes that an equivalent level of safety may 

be achieved by limiting flight operations to not less than 30% of the UAS battery power. This 

provides sufficient reserves to return the UAS to the landing zone from anywhere within the 

limited operating area.

14 CFR §§ 91.405 (a); 91.407 (a)(1); 91.409 (a)(1) and (2); 91.417 (a) and (b) Maintenance 

Inspections

The applicant seeks an exemption from the maintenance inspection requirements of 14 CFR 

§§ 91.405 (a); 91.407 (a)(1); 91.409 (a)(1) and (2); 91.417 (a) and (b). 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 provide 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.

This section, as well as Part 43, apply only to aircraft with an airworthiness certificate and 

would not apply to the UAS. An equivalent level of safety will be achieved through 

maintenance and inspection as defined by the UAS manufacturer and conducted by the 

applicant. The UAS shall be thoroughly inspected prior to flight operations and any 

maintenance activities conducted will be in accordance to the manufacturer’s documentation 

and recorded in a maintenance log for that UAS. Given the small size of the UAS, limited 

flight time and restricted flight operations area, the safety risks posed by the UAS are 

significantly less than that of manned aircraft operating in a similar environment.
U.S. Department of Transportation: March 2, 2016 Page 8

CONCLUSION

The applicant requests that the FAA Administrator grant this exemption. Given the foregoing, 

the applicant’s proposed UAS usage does not pose a hazard to the public or NAS. The 

satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provides a level of 

safety that should be satisfactory to the FAA and general public. In view of the benefits and 

advantageous to public safety, I respectively submit this Section 333 exemption request for 

commercial operations of the applicants UAS.

Submitted on March 2, 2016

/s/ Trevor Arthur

______________________ 

Trevor Arthur

120 Autin Street

Des Allemands, LA 70030

Applicant
U.S. Department of Transportation: March 2, 2016 Page 9

Appendix ‘A’ – Manufacturer Documents and Manuals

Note: All attachments are provided by hyperlink to ensure that the most recent 

documentation is referenced and compliance with the manufacturer’s copyrighted materials.

DJI Phantom 3

Phantom 3 Standard User Manual: http://download.djiinnovations.com/downloads/phantom_3_standard/en/Phantom_3_Standard_User_Manual_v

1.0_ en.zip

Phantom 3 Safety Guidelines: http://download.djiinnovations.com/downloads/phantom_3_standard/en/Phantom_3_Standard_Safety_Guidelin

es_ Disclaimer_en.zip

Phantom 3 Intelligent Flight Battery Safety Guidelines: http://download.djiinnovations.com/downloads/phantom_3_standard/en/Phantom_3_Intelligent_Flight_Battery_

Safe ty_Guidelines_en.zip

DJI Inspire

Inspire User Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.zip

Inspire Safety Guidelines: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.zip

Intelligent Flight Battery Safety Guidelines: http://download.djiinnovations.com/downloads/inspire_1/en/Intelligent_Flight_Battery_Safety_Guidelines_en.zip

Inspire Maintenance Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.zip