CLEARED HOT Drone Services, LLC.

9184 Whitehead Dr.

Cincinnati, Ohio 45251

(502)797-6300

U.S. Department of Transportation

Docket Operations, M-3 0

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-000 1

November 10, 2015

Re: Petition of CLEARED HOT Drone Services, LLC. for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, 

CLEARED HOT Drone Services, LLC., hereby applies for an exemption from the Federal Aviation 

Regulations identified below to allow for the commercial operation of the DJI PHANTOM with the NAZAM V2 Flight Control System, manufactured by DJI Innovations (“The PHANTOM”). Areas of operation 

include: Real Estate and Marketing, Produce Field Management, Aerial Photography/Videography, 

Structural Inspections, Sporting events and Emergency Responders.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUIESTED

CLEARED HOT Drone Services, LLC., requests exemption from the following regulations:

• 14 C.F.RPart21, Subpart H;

• 14 C.F.R Part 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14C.F.R § 61.113;

• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b) (2);

• 14 C.F.R § 91.9(c);

• l4C.F.R~91.103;

• 14 C.F.R § 91.109(a);

• 14C.F.R~91.119;

• 14C.F.R~91.121;

• 14 C.F.R § 91.151(a)&(b)

• 14 C.F.R § 91.203 (a) &(b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(l);
• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417(a)& (b).

This petition incorporates the material contained in the DJI PHANTOM User Manual and the V2 Flight 

Control System User Manual, (together, the “Manuals”).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress 

has directed the Federal Aviation Administration (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 operation of an Unmanned Aircraft System (UAS) where it does 

not create a hazard to users of the National Airspace System (NAS) or the public or pose a threat to 

national security based on the following considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator 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(1)), 44701-44716, 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. 14 C.F.R. § 11.81.

III. DESCRIPTION OF CLEARED HOT DRONE SERVICES, LLC., AND QUALIFICATIONS

CLEARED HOT Drone Services, LLC. will provide commercial drone services to various companies, 

organizations and public entities. Our primary focus is to operate safely in the National Airspace System 

(NAS). CLEARED HOT Drone Services, LLC. is submitting a Petition for Exemption for Unmanned Aircraft 

Systems operations for the purpose to operate commercially in the Real Estate and Marketing market, 

Produce Field Management, Aerial Photography/Videography, Structural Inspections, Agriculture, 

Sporting events and Emergency Responder sectors. 

CLEARED HOT Drone Services, LLC. partners with public entities to ensure they follow FAA regulations to 

obtain permission to utilize PHANTOM 3 quad-copter during the course of their operations. This will 

also reduce the risk of harm to people and property that is associated with several of these industries. 

The company is headquartered in Cincinnati, Ohio, and serves customers nationwide.

The owner is a 28 year veteran to the aerospace industry and licensed as a Commercial pilot, Instrument

pilot, Certified Flight Instructor pilot; Advanced Ground Instructor and Dispatcher operator. He also 

maintains an FAA First Class medical. He has accumulated more than 9,000 flight hours. The owner is a 

14 year veteran fighter/instructor pilot and has operated in both DoD and Civil Aviation guidelines. 
Currently, he serves as an FAA flight instructor for a Part 61 flight school academy operating under Part 

91 rules; he is a senior flight instructor. Additionally, he acts as an instructor at a remote controlled 

organization (Charter #4508). Furthermore, he has been designing, building and flying remote control 

aircraft since 1980 and is an active member of Academy of Model Aeronautics (AMA) and Aircraft 

Owners and Pilot Association (AOPA) organizations. 

At present, CLEARED HOT Drone Services, LLC. is owned and operated by ONE (1) Officer. The contact 

information for the petitioner, CLEARED HOT Drone Services, LLC. is as follows:

Dean Toth

Owner

CLEARED HOT Drone Services, LLC.

9184 Whitehead Drive

Cincinnati, Ohio 45251

(502) 797-6300

thmprusmc@gmail.com

IV. DESCRIPTION OF PROPOSED OPERATIONS

CLEARED HOT Drone Services, LLC., is requesting exemptions from applicable Federal Aviation 

Regulations (FAR) pursuant to Section 333 of the Reform Act to provide commercial aerial services to 

Real Estate, Agriculture, Produce Field Management, Aerial Photography/Videography, Structural 

Inspections, Sporting events and Emergency Responders.

CLEARED HOT Drones Services, LLC. takes operational control very seriously. We believe this is 

accomplished through training and education; and supplemented with experience. As part of this 

approach, we will require that all acting Pilot-in-Command (PIC) of this company have at least an FAA 

Private Pilot certificate with a current Third Class medical. In addition, all PICs will go through our 

training program that will cover systems on the specific UAS to be operated, airspace, regulations, 

weight and balance, NOTAMs, right-of-way rules and weather courses. Emphasis will be placed on 

documentation and logbook entries. (ATTACHMENT 7) We also stipulate several operational 

requirements before operating commercially. First, all PICs will accumulate 15 hours of flight time on 

the UAS they are being trained. Second, all PIC will demonstrate operational control of that UAS. 

Finally, a safety pilot will accompany every new operator at several sites to advise, demonstrate and 

observe aerial operations. In essence, this will become a check-ride approach for that operator who will 

have to demonstrate operational control and safety while operating around persons and structures. 

CLEARED HOT Drone Services, LLC will conduct random checks of company PICs to ensure operators are 

proficient and in compliance with company and UAS regulations.

To maintain proficiencies, all PIC must log a minimum of 3 takeoffs and landings within the proceeding 

90 days. To ensure that all participating operators in the National Airspace System (NAS) are aware of 

UAS operations, the PIC will file a NOTAM with Lockheed Martin Flight Service

(www.1800WXBRIEF.com) prior to any scheduled commercial flight. Any flights conducted within 5 

nautical miles for an airport require that PIC to contact the control tower. At the area of operation, a 

sign will be posted to highlight this operation to the surrounding community. (ATTACHMENT 6) Before 

and after every flight, the PIC will conduct a safety check. (ATTACHMENT 10)

We request a waiver of the sections identified in order to operate a UAS in a commercial capacity for 

Real Estate and Marketing Purposes, Produce Field Management, Aerial Photography/Videography, 
Structural Inspections, Sporting events and Emergency Responders. 

NOTE

As the Department of Transportation and the Federal Aviation Administration 

update their guidance, CLEARED HOT Drone Services, LLC will modify its' program 

to stay in compliance with these regulations.

Currently, CLEARED HOT Drone Services, LLC.’s utilize DJI products with particular focus on the DJI 

Phantom 3 Professional.

There have been numerous reporting’s of incidents involving small unmanned aerial systems (UAS). 

These have created considerable anxiety for local public communities and the FAA in general. CLEARED 

HOT Drone Services, LLC. will use the latest information leveraging its skills resources and the FAA’s 

website www.knowbeforeyoufly.com to make sure that UAS operators are aware of all safety controls 

and FAA regulations.

CLEARED HOT Drone Services, LLC. recognizes the enormous potential of the UAS but also recognizes 

the need for due diligence and responsibility on the part of the persons that will fly the UAS safely in the 

National Airspace System(NAS) with respect to manned aircraft. CLEARED HOT Drone Services, LLC. will 

assist with the integration of the UAS into the NAS by educating and training operators on this new 

technology. CLEARED HOT Drone Services, LLC. is seeking this exemption to ensure that only 

professionally trained operators will conduct aerial photography in the areas outlined in this request.

CLEARED HOT Drone Services, LLC.’s training will be taught in a step-by-step progression where the 

operator will receive classroom style instruction accompanied by "hands-on" outdoor flight training. It 

is based on a hybrid civilian and military model of classroom instruction, trainer demonstration, and user 

hands on performance. Understanding and proficiency is determined by knowledge and proficiency 

evaluations.

Instruction includes the following:

• FAA regulations.

• Limitations and restrictions of where and when users can fly.

• Pre-flight planning.

• Basic weather.

• Liability of flying irresponsibly.

• Pre, during, and post flight check lists.

• Benefits of Academy of Model Aeronautics membership.

• Details user types to include commercial, public, and recreational.

• Provides information on no fly zones and how to identify them.

• Review of knowbeforeyoufly.com.

We are well aware of conducting safe flight operations and plan flight paths that minimize any overflight of crowds. A safe area will always be identified which will be free from obstructions, occupants.

Any flight operations in town environments would typically be for close air support for very focused 

events such as sporting, produce and electrical inspections, or real estate marketing and Emergency 
Responders. These operations occur in a very limited area and would not need to overfly densely 

populated areas in general. Operations would be more vertical in nature above the specific event.

Our proposed public safety UAS operations are typically conducted at low altitudes less than 400 Feet 

AGL (within Class G airspace), not over crowds, and not near airports. Flights will conclude when battery 

reserve reaches 30 percent. Operations will not occur under IFR conditions.

In addition, preflight and post-flight checklists and UAS prefight inspections will help detect any 

abnormalities prior to flight and after flight. Any UAS unable to satisfy safety checklists will be removed 

from service until the issue can be resolved. Granting this request would not adversely affect safety 

since operations would be in accordance with current UAS rules.

Operational Check list to be performed that will optimize performance and reduce risk

1. Calibrate the compass (monthly)

2. Calibrate the IMU (monthly)

3. Check Sensors every flight (monthly)

4. At 30% battery indication, conclude current task and return to land. Beware the 10% failsafe 

 (every flight)

5. Check the failsafe height and home point (every flight)

6. Switch tablets and phones to Airplane mode (every flight)

7. If the P-GPS mode's reliability is in question, take control with ATTI mode (every flight)

8. Check props, and check again (every flight)

9. Pre-flight check list (every flight)

Airframe: Prepare & check

RC: Fit iPad, cable & Hood

Antennas: correct position

Props & Locks: attach & check

RC Battery: Check min 75%

RC Switches: Correct mode & Gear Down

iPad: App running, map cached, Airplane mode, Volume Up.

Airframe: Position for takeoff

Props: 2nd check

Power On: Check battery 100%

Sensors: Compass 1400 – 1599

Sensors: IMU +/- 0.1

Failsafe: Set failsafe height

Satellite: At least 7 sats & safe to fly box

Flight Mode: Correct mode selected

Start Motors: CSC command

Home Point: Blue dot Location correct on map

Initial Check: motor sound check

Climb: climb to 2m

Control Tests: Test all controls

GPS & ATTI Test: Test both modes function correctly

10. Have a clear and unobstructed Line of sight with the UAS. This provides optimal Line of 

 communication (every flight)

11. Check Visual Positioning System (VPS) to note if it is Disabled or Enabled(based on area of 

 operation)
12. Start flight operations with a fully charged battery (every flight)

A. The PHANTOM

CLEARED HOT Drone Services, LLC., will operate the DJI PHANTOM with the Naza-M V2 Flight Control 

System, manufactured by DJI Innovations (the “PHANTOM”). The PHANTOM is a battery operated quadcopter with a maximum flight time of TWENTY-FIVE (25) minutes. The vehicle weighs approximately 2.75 

pounds with a maximum takeoff weight of approximately 2.75 pounds. It has fixed landing gear, 

vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree 

field of view camera. Although the vehicle’s ground speed has a maximum of 25 mph, it will be 

operated between 2 and 5 miles per hour, and it will operate at or below 200 feet AGL.

The PHANTOM manufacturer’s specifications are in Figure 2. The PHANTOM 3 Professional is displayed 

in Figure 3.
Figure 2—DJI PHANTOM Specifications

Figure 3 —DJI PHANTOM
Figure 4—CLEARED HOT Drone Services, LLC. Caution sign

The sUAS which CLEARED HOT Drone Services, LLC., The petitioner, will be operating is the DJI Phantom 

3 Professional, referred hereafter as Phantom. The inherent safety features, sophistication, 

programmability, GPS navigation, return home capability, airport vicinity no-fly feature and restricted 

altitude feature, as well as differentiating radio frequency (H) for aircraft controller/receiver and for the 

camera make this a much safer UAS for the purposes of this petition. This is a hobby grade radio 

controlled UAS that has the capacity for software upgrades. It is light, less than 3 pounds including 

battery and camera. Incorporated into the programming of the Phantom is an automatic return home 

feature that automatically directs the aircraft back to point of take-off should communication with the 

transmitter be compromised. The Phantom has a cruising speed of 15 knots, with a maximum speed of 

25 knots. Maximum flight time is 25 minutes. Gross weight is 2.75 pounds.

The Phantom has an additional communication link between the camera and aircraft on a different RF

for a smart phone connection. Allowing the Operator or Pilot in Command (PIC) to monitor battery 

level, altitude (AGL), and distance from PIC, camera imagery, and control camera angle. The software for 

the Phantom allows the operator or PIC to set maximum altitude AGL for each flight, allowing 

customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as an examples. The 400 

foot maximum AGL is programmed into the UAS’s software preflight to insure compliance with FAA 

standards. Adding to the safety capabilities of this UAS. This UAS is programmed to remain in position 

(stop all motion) when controls are released. Maintaining altitude and GPS location.

The Phantom has an altitude and radar monitoring function that allows the operator more precise

determination of height, direction of flight and distance from the operator PIC. The operator or

PIC can monitor GPS lock status while UAS is in flight, with the ability to anticipate loss of

GPS locking so the operator or PIC can land the UAV as a precaution. The DJI Phantom 3- 2.4 ghz 

transmitter/controller/receiver RF for managing flight with a 5.8 ghz RF transmitter/receiver for 

video/photography functions eliminates the RF conflict, and is should be considered adequate for public 

and NAS safety. Considering the programmability and safety features of this UAS (Phantom 3), it serves 

as the best option to protect the Public and NAS for the purposes of this petition.
Similarities, Distinctions and Differences

Though the petition of Astraeus Aerial (FAA-2014-0352), referred hereafter as the Astraeus Petition and 

or Petitioner Astraeus, has numerous similarities to that of CLEARED HOT Drone Services, LLC. , there are 

some distinct and substantial differences. Like the Astraeus Petition, the CLEARED HOT Drone Services, 

LLC. is for UAS operation without operator, passengers nor property on board. Considering that the 

Phantom UAS is a sophisticated hobby grade quad-copter with gross weight less than 3 pounds 

Petitioner CLEARED HOT Drone Services, LLC. requests waiver or exemption for a private pilot certificate. 

Aerial basic training operations for this petition provide service for those that are new to the remote 

control model aircraft genre.

CLEARED HOT Drone Services, LLC. is using a UAS that has the capability for taking off and landing at a 

single point, identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that 

need to be flown to areas being aerial video recorded or photographed. Allowing a reduced and more 

confined area of flight.

The Astraeus Petition is for movie sets involving a significant number of people, non-aerial equipment, 

moving or action sequences, and a potentially broad geographical area where individuals and 

equipment may be in motion. Requiring extensive observation, awareness, coordination and safety 

precautions. The CLEARED HOT Drone Services, LLC. petition differs from Astraeus's petion because this 

operating environment is not dynamic. Our operations are dealing with a stationary setting of objects 

which poses a significantly lower risks for safety, allowing the Operator or Pilot in Command (PIC) to 

focus primarily on a briefed scenario. With the movie action scenes, numerous takes may require 

repeated flights, whereas a stationary object would in most cases require a single flight.

DJI Innovations continues to improve its' products to ensure safe flying near airports. Refer to:

https://www.youtube.com/watch?v=YoXAMRQoIAA.

The single UAS utilized in this petition is a hobby grade quad-copter that does not require an airman 

certificate for non-commercial flight involving less restrictive less regulated flight. Petitioner requests 

waiver or exemption from an airman certificate since this is a sophisticated hobby grade UAS weighing 

less than three pounds and being flown in a defined and marked area. Additional waiver or exemption 

for formal health requirements placed on the Operator or PIC is requested as the PIC is an FAA Certified 

Flight Instructor that is medically qualified FAA Second Class Medical in accordance with FAA 

regulations. Petitioner is an AMA member. UAS flight competency can be verified/obtained through 

AMA standards and procedures.

The motors, rotors, propellers, body/frame, landing pads, etc. for the UAV utilized in this petition are 

not complicated. Engineering and design allows layman maintenance. Recording part replacement for

this UAS may prove redundant due to the simplicity of the aircraft. Therefore, Petitioner requests waiver 

or exemption for maintenance records. However, pre-flight inspection for cracks, damage or other 

physical conditions that could hamper safe flight is a reasonable expectation. As well as post flight 

inspection that may aid in identifying flight conditions that may cause stress to propellers, landing gear, 

etc. Thorough inspection of UAV shall be conducted and flight response tested should a hard landing or 

crash occur insuring that the UAV can operate in a safe manner before conducting any further training.
Like the Astraeus Petition, Petitioner CLEARED HOT Drone Services, LLC. requests waiver or exemption 

for markings due to the small size of the fuselage for the Phantom 3 Professional.

Petitioner CLEARED HOT Drone Services, LLC. requests modification, waiver or exemption and 

clarification (within reason) concerning section 91.119 prohibition of flight in congested areas. 

Petitioner CLEARED HOT Drone Services, LLC. requests waiver for this condition to allow reasonable and 

responsible flight operations in congested areas of subdivisions and neighborhoods.

In compliance with Section 90.151 (a) the Phantom is a battery operated UAV/UAS with battery level 

monitoring capability. Fully charged battery flight time is rated at 25 minutes, with videos/photos taking 

much less time to record. Operator or PIC is warned when battery level is low.

Petitioner CLEARED HOT Drone Services, LLC. requests waiver/exemption from Section 91.203 (a) since 

the Phantom is a hobby grade UAV/UAS that currently does not require an airworthiness certificate nor 

a registration certificate. CLEARED HOT Drone Services, LLC. registered its aircraft and will comply with 

future UAS regulations. Posting of special flight authorization would not be possible since the Phantom 

has no cabin and is not large enough to carry a certificate. However, a special flight authorization can be 

maintained by the operator to make available upon request.

B. CLEARED HOT Drone Services, LLC., Proposed Operations Demonstrate an Equivalent Level of

Safety

1. General Description of Proposed Flight Operations

CLEARED HOT Drone Services, LLC., proposes to operate only at sites NOTAM and within the limitations 

and performance specifications listed in the Manuals, which are summarized in this document. These 

limitations provide for at least an equivalent, or higher, level of safety for operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the protocols.

The proposed operations do not create any hazard to users of the National Airspace System (NAS)or 

pose a threat to national security. The aircraft is a battery operated quad-copter with a maximum flight 

time of 25 minutes. The vehicle weighs approximately 2.75 pounds. It has vibration dampers and small 

frame air incline. The vehicle’s ground speed has a maximum of 25 mph but it will be operated between 

2 and 5 miles per hour, and it will operate at or below 200 feet AGL.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

PHANTOM carries no fuel, and therefore the risk of fire following an incident or accident due to fuel 

spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated by the 

petitioner reduces the risk to participating persons in close proximity to the aircraft due to the limited 

size, weight, operating conditions, and design safety features of the PHANTOM.

The FAA has determined that the risk of not having an electronic means to monitor and communicate 

with other aircraft, such as transponders or sense and avoid technology, is mitigated by placing limits on 

altitude, requiring stand-off distance from clouds, permitting daytime operations only, and requiring 

that the aircraft be operated within visual line of sight and yield right of way to all other manned 

operations. Additionally, the operator will request a NOTAM prior to operations to alert other users of 

the NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p.13.
The petitioner’s aircraft has the capability to operate safely after experiencing certain in- flight failures, 

as specified above in the description of the V2 Flight Control System. The aircraft is also able to respond 

to a lost-link event with a pre-coordinated, predictable, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which they will operate, the procedures 

listed below, and operator certification requirements, CLEARED HOT Drone Services, LLC., proposed 

operations using the PHANTOM would “not create a hazard to users of the national airspace system or 

the public or pose a threat to national security.” Reform Act Section 333(b)(l).

1. The aircraft is approximately 2.75 pounds.

2. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable.

3. Flights will be operated within visual line of sight of the Operator or Pilot in 

Command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC.

5. Maximum flight time for each operational flight will be TWENTY-THREE (23)

minutes.

6. The aircraft will be safely landed with no less than the greater of (a) THIRTY

percent (30%) battery life remaining or (b) FIVE (5)minutes of flight time 

remaining.

7. The aircraft will be operated during daylight and in VFR conditions.

8. Flights will not exceed 400 feet AGL.

9. Flights will be operated at a lateral distance of at least FIFTY (50) feet from any 

persons or property not associated with the operation who have not given prior 

permission.

10. Flights will be limited to a groundspeed of FIVE (5) miles per hour.

11. Minimum crew for each flight will consist of a PIC and an Observer.

12. The PIC will possess at least a private pilot certificate, a third class medical 

certificate, or have held a US Military Occupational Specialty of Pilot, Aircrew or 

Unmanned Aerial Vehicle Operator. Pilots with this training are considered 

trained and currently fly throughout the United States for the United States 

military. Any designee from CLEARED HOT Drone Services, LLC., will have 

completed a Factory Certified Basic Operator Course for the PHANTOM.

13. Prior to the flight, a Mission Plan will be created setting forth the limitations for 

the flight as well as contact information for the PIC.

14. The flight operations will yield the right of way to other manned aircraft 

operations.

15. All persons who are not involved with training class will be required to stay 25 

feet from the edge of the operating area.

16. The aircraft will only operate within the listed sites.

17. CLEARED HOT Drone Services, LLC. will provide NOTAM details prior to each 

flight.
18. All required permissions and permits will be obtained from territory, state, 

county or city jurisdictions prior to flight.

19. Prior to commencing operations, CLEARED HOT Drone Services, LLC. will obtain 

an Exemption 333 from the FAA.

20. If the aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land.

21. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land.

22. The flight will be aborted in case of unpredicted obstacles or emergencies.

23. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

(ATTACHMENT 8)

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are documented above, and are more 

fully documented in the attached NAZA-M V2 Quick Start Guide (Attachment 4).

4. Proposed Flight Areas

CLEARED HOT Drone Services, LLC. is requesting to operate in the various sites listed in NOTAMS and 

approved work sites.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

CLEARED HOT Drone Services, LLC. 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 the PHANTOM. 

Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating 

procedures and safeguards that CLEARED HOT Drone Services, LLC. has established which will ensure a 

level of safety better than or equal to the rules from which exemption is sought. Sec 14 C.F.R. § 11.81 

(e).

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

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform 

Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally 

used for the same application. These criteria are met, and therefore no exemption is needed. See Grant 

of Exemption to Astraeus Aerial, Docket No. FAA 2014-0352 at 13-14, 22. If, however, the FAA 

determines that there are some characteristics of the Pl-IANTOM that fail to meet the requirements of 

the Reform Act, an exemption is requested.
Equivalent Level of Safety: The PHANTOM is safe when taking into account its size, weight, speed, and 

operational capability. The PHANTOM weighs approximately 2.75 pounds and will be flown at speeds 

less than 5 miles per hour, in visual line of sight of the operator, and in remote and unpopulated 

airspace, specifically on the sites. The PHANTOM does not carry pilots, passengers, explosive materials, 

or flammable liquid fuels. The PHANTOM will be operated within the parameters of the Manuals.

CLEARED HOT Drone Services, LLC. will also provide all AIRMEN with advance notice of all operations via 

NOTAM and coordination with the local Tower, FSDO or other agencies as appropriate. The proposed 

operations will be at least as safe as, or safer than, conventional rotorcraft operating with an 

airworthiness certificate without the restrictions and conditions proposed here. The proposed 

operations will also be as safe, or safer than, traditional power line monitoring and/or wind turbine 

inspection methods.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the PHANTOM would otherwise require certification under Part 27, 

CLEARED HOT Drone Services, LLC., seeks all exemption from Part 27’s airworthiness standards for the 

same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §~ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification 

Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “lightsport, “experimental,” or “provisional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of 

the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 9 1.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with 

part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft “have identification (N-Number) markings in accordance with 14 

CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket 

No. FAA 2014-0352, at p. 14.
Equivalent Level of Safety: CLEARED HOT Drone Services, LLC. will mark all PHANTOMs with their NNumber in a prominent spot on the fuselage with markings that arc as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

CLEARED HOT Drone Services, LLC. seeks exemption from 14 CFR § 61.113, which restricts private pilots 

from flying aircraft for compensation or hire and would also require a second class medical certificate. 

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in 

which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or 

cargo for hire.

While the PHANTOM will be operated as part of a commercial operation, it carries neither passengers 

nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the additional 

cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and a class II 

medical certificate. The FAA has also determined that the required knowledge for a commercial pilot 

covers the same fundamental principles as a private pilot.

The PIC will possess at least a private pilot certificate, a third class medical certificate, or have held a US 

Military Occupational Specialty of Pilot, Aircrew or Unmanned Aerial Vehicle Operator. 

The FAA stated in Astraeus's exemption that “the FAA considers the overriding safety factor for the 

limited operations proposed by the petitioner to be the airmanship skills acquired through UAS-specific 

flight cycles, flight time, and specific make and model experience, culminating in verification through 

testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can 

achieve an equivalent level of safety by requiring the knowledge and experience in PHANTOM 

operations described above.

Furthermore, the security screening conducted by the Transportation Security Administration of 

certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat 

to national security.

The restrictions CLEARED HOT Drone Services, LLC. has placed on its PHANTOM operations meet or 

exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-20l4-0352. CLEARED 

HOT Drone Services, LLC. will operate in approved areas (the sites) that are NOTAM in accordance with 

FAA regulations and away from persons and property not involved in the operation. The aircraft will be 

flown based on VLOS at or below 400 feet AGL, so as to accommodate inspections of wind turbines on 

specified sites. A NOTAM request will be submitted prior to any flight that will alert all aerial operators 

regarding the UAS operations.

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

CLEARED HOT Drone Services, LLC. seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a 

civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required 

to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, CLEARED 
HOT Drone Services, LLC. requests that the requirements for Section 91.7 be treated in accordance with 

FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §~ 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

Pursuant to 14C.F.R. § 91.9(b)(2):

(b)No person may operate a LJ.S.-registered civil aircraft -

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 21 .5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

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

the following:

(1) An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew.

CLEARED HOT Drone Services, LLC. does not request an exemption from this section but instead notifies 

the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8,2014, the UAS 

flight manual, registration certificate and other documentation will be kept at the control station with 

the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate 

method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19-

20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

CLEARED HOT Drone Services, LLC. seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. 

The PIC will take all actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight. Under these circumstances, 

the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An 

exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The 

PIC will take all required preflight actions - including performing all required checklists and reviewing 

weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, 

and contingency landing areas - before initiation of flight. The Manuals will be kept at the ground station 

with the operator at all times.
H. 14 C.F.R. § 91.109(a): Flight Instruction

CLEARED HOT Drone Services, LLC. seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 

“[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.” UASs and remotely operated aircraft, 

by their design, do not have functional dual controls. Instead, flight control is accomplished through the 

use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with the aircraft 

via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no operator will be on the aircraft and 

the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size 

and speed of the PHANTOM, an equivalent level of safe training can still be performed without dual 

controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance 

away in the event that the aircraft experiences any difficulties during flight operations. In addition, 

CLEARED HOT Drone Services, LLC. will conduct flight operations at a safe distance away from general 

population.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

CLEARED HOT Drone Services, LLC. requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals provide for operations 

away from congested populations areas on the sites. The FAA has already determined that relief from 

Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as 

those imposed by CLEARED HOT Drone Services, LLC. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the 

maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An equivalent level of 

safety will be achieved given the size, weight, and speed of the PHANTOM, as well as the locations 

where it is operated — the sites. In order to avoid any risk to aircraft, flight operations will be restricted 

to 400 feet AGL or below. As set forth in the Manuals and herein, the PHANTOM will be operated in the 

controlled sites, away from persons or structures not involved in the operation. All persons who are not 

involved with CLEARED HOT Drone Services, LLC. operations will be required to be at least 25 feet from 

the operating perimeter.

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft 

to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the 

departure airport. The PHANTOM uses both barometric pressure sensors and GPS to determine altitude 

but does not have the ability to set in a current altimeter setting. An exemption is required to the extent 

that the PHANTOM does not have a barometric altimeter setting. The altitude of the aircraft is 

monitored by the PIC on the ground control station and by the visual observer.
Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the 

aircraft will be operated at or below 400 feet AGL and within visual line-of-sight in addition to GPS based 

altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. 

As the attached Manuals indicate, the PHANTOM will be operated at or below 400 feet AGL and 

complies with the limitations in the Grant of Exemption No. 11062.

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

CLEARED HOT Drone Services, LLC. requests an exemption from 14 C.F.R. § 91.15 l(a)’s fuel requirements 

for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended Landing and, assuming normal cruising speed —

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on PHANTOM battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery powered 

with a maximum flight time of 23 minutes. CLEARED HOT Drone Services, LLC. proposes that the 

maximum flight time for each operational flight will be 20 minutes. The aircraft will be safely landed 

with no Less than the greater of (a) 30% battery Life remaining or (b) five minutes of flight time 

remaining.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS 

flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% 

reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The Manuals 

providing an equivalent level of safety by safely landing with no less than the greater of(a) 30% battery 

Life remaining or (b) five minutes of flight time remaining and otherwise complying with the flight 

restrictions above.

L. 14 C.F.R. §~ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections

CLEARED HOT Drone Services, LLC. seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(l). 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) 

(stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections ... have discrepancies repaired as 

prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 

and these sections only apply to aircraft with an airworthiness certificate, which the PHANTOM will not 

have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, 
replacement, and inspection requirements for the aircraft and procedures to document and maintain 

maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption 

No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the Manuals, flights will not be conducted unless a flight operations checklist is 

performed that includes all of the aircraft’s components. The Manuals also set requirements for

maintenance log books and record keeping as well as routine and post-flight maintenance. The Manuals 

set requirements for both annual maintenance and preventative maintenance. (ATTACHMENT 8)

VI. PUBLIC INTEREST

Granting CLEARED HOT Drone Services, LLC.'s petition for exemption furthers the public interest.

National policy set by Congress favors early integration of UAS into the NAS in controlled, safe, working 

environments such as the sites proposed in this petition. By granting this petition, the FAA will fulfill 

Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act.

Moreover, use of unmanned aircraft operations will improve awareness of FAA regulations and provide 

a standard level of training for all PHANTOM operators. The use of the PHANTOM will also decrease 

safety-related incidents involving new users of quad-copters.

PHANTOM flight currency increases the effectiveness of operators, decrease their safety risks, and 

reduce the number of incidents between unmanned and manned aircraft.

Thus, the use proposed here will allow CLEARED HOT Drone Services, LLC. to determine the effects of 

the PHANTOM for increasing public safety. The PHANTOM is approximately 2.75 pounds, carries no 

passengers or crew, and has no flammable fuel, as opposed to larger and more powerful helicopters and 

small airplanes. This program may prevent accidents and injuries, and there is a strong public interest in 

making these operations more safe and effective through the use of UASs.

This request specifically serves the public and economic interest to aide in the areas stated above. The 

granting of this exemption would make logical sense because of our professional approach to UAS 

operations, our clear understanding of FAA rules, our awareness of operational and restricted airspace, 

our experience as pilots, as well as our ongoing FAA approved educational activities, and our attitude of 

safety first when it comes to flight operations.

We believe with the granting of this exemption and the additional operational experience we will gain 

from flight operations that we will be able to have a much larger impact for the future of UAS. More 

flight experience now will be invaluable for us to assist the general public in the future as they embark 

into UAS operations.

There is much work to be done in developing the best use of UAS in the public, the coursework and 

training for best use of the UAS, best operational utilization, best role for the UAS pilot etc. has yet to be 

developed in the general public arena. We would like to play a role in that development but we need 

more operational flight experience with the public to do that. This exemption would allow us to get that 

real world experience.
VII. Privacy

All flights will occur over the identified sites. All flights will be conducted in accordance with any federal, 

state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

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:

CLEARED HOT Drone Services, LLC. seeks an exemption from the following rules for the commercial 

operation of a small unmanned aerial system to inspect wind turbine blades and towers for the 

renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 

45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91 .9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 

91.103; 14 C.F.R~ 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 

91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 9l.409(a)(2); 14 C.F.R § 91 .417 

(a)& (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property 

owners from the hazards associated with new Phantom operators.

IX. ATTACHMENTS

Attachment I: DJI PHANTOM 3 Professional User Manual v1.4

Attachment 2: DJI Phantom 3 Professional Quick Start Guide v1.2

Attachment 3: Intelligent Flight Battery

Attachment 4: DJ1 NAZA-M V2 Quick Start Guide v 1.28

Attachment 5: FAA Proposal of UAS Regulations

Attachment 6: CLEARED HOT Drone Services, LLC. Aerial Operations Caution Sign

Attachment 7: CLEARED HOT Drone Services, LLC. Logbook

Attachment 8: CLEARED HOT Drone Services, LLC. Maintenance Log

Attachment 9: CLEARED HOT Drone Services, LLC. Drone Registration

Attachment 10: CLEARED HOT Drone Services, LLC. Checklist

X. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act - size, weight, speed, operating 

capabilities, proximity to airports and populated areas, operation within visual line of sight, and national 

security considerations - provides more than adequate justification for the grant of the requested 
exemptions to permit CLEARED HOT Drone Services, LLC. to operate the PHANTOM on approved and 

NOTAM sites.

Granting the requested exemption will benefit public interest in many ways, including (I) significantly 

improving safety and reducing risk by alleviating human exposure to danger; (2) improving the quality of 

services CLEARED HOT Drone Services, LLC. can provide to its customers; and (3) decreasing the risks of 

unmanned aircraft interfering with manned aircraft.

Respectfully submitted,

Dean A. Toth

Owner

CLEARED HOT Drone Services, LLC.

(502)797-6300

thmprusmc@gmail.com

ENCLOSURE(S)