1475 Richardson Drive, STE 255, Richardson, Texas 75080 ~ Office 469‐317‐0250 Fax 214‐295‐9844 

TBPLS Firm Registration No. 10177500 

February 8, 2016 

Docket Operations, M‐30 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Room W12‐140, West Building Ground Floor 

Washington, DC 20590‐0001 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir/Madam: 

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

Part 11, Adams Surveying Company (“ASC”) a professional land surveying company does hereby 

respectfully apply for an exemption from the Federal Aviation Regulations ("FARs") listed below to allow 

for the commercial operation of its Unmanned Aircraft Systems (“UASs”), so long as said operations are 

conducted within and under the defined conditions herein or as established by the FAA as required by 

Section 333. 

As described below in greater detail, this requested exemption would support an application for a 

commercial Certificate of Authorization (“COA”) and permit the operation of small, inexpensive 

Unmanned Aircraft Systems (“UAS”) in airspace and under restricted conditions including: 

1.     Precision Photogrammetry – This operation would performed with express written permission from 

the owner/representative of the subject property for the purpose of producing high detail 3D modeled 

surfaces to be used for preliminary engineering design and volume calculations. This operation would be 

conducted in airspace no more than 400 feet Above Ground Level (“AGL”) and the UAS will remain 

within Visual Line of Sight (“VLOS”) of the Pilot in Command (“PIC”) and Safety Observer (“SO”) at all 

times. 

2.     Aerial Photography & Videography of Commercial and Residential Land Developments – These 

operations would be performed with express written permission from the owner/representative of the 

subject property to obtain quality aerial photos & videos of existing ground features, vegetation, and 

man‐made structures. This operation would be conducted in airspace no more than 400 feet AGL and 

the UAS will remain within the VLOS of the PIC and SO at all times. 
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As a result of the UAS’s lightweight, historically demonstrated flight performance, on board GPS system, 

fully qualified flight personnel, and strict operation under the guidelines established, the FAA can have 

confidence that ASC’s operation will have an equivalent or greater level of safety compared to manned 

aircraft performing the same missions. 

With the small size of the UAS that ASC intends to operate and the restrictive conditions within which 

ASC will operate, ASC’s operations fall within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UAS and the limited areas in which ASC will operate 

its UAS, approval of the application presents no issues to local, state, or national security. 

ASC asks that the exemption requested in this letter apply to civil aircraft that have the characteristics 

and that operate with the restrictions listed below. These restrictions will provide an advanced level of 

safety for operations using the UAS.  ASC agrees to abide by these restrictions when conducting 

commercial operations under an FAA issued exemption: 

1. The UAS will weigh less than 55 lbs. 

2. All flights will be conducted within the VLOS of the PIC and the SO. 

3. A site inspection will be conducted prior to any flights in order to identify potential flight hazards.  A  

Safety Perimeter of no less than 20 feet in diameter will be established to ensure that the UAS has an 

unobstructed area from which to take off and land safely.  

4. The total flight time for each flight will be limited based on battery capacity. The current battery 

technology for the UAS allows for approximately 25 minutes of operation. Future battery technology will 

likely increase operational flight times, and as such, the maximum flight time will continue to increase. 

However, all operational flights will be concluded prior to the unit reaching a 20% battery capacity in 

order to assure that the UAS has adequate capacity for a safe, controlled return flight. 

5. Flights will be conducted at a maximum altitude of no more than 400 feet Above Ground Level 

(“AGL”). 

6. The UAS operator will be trained and certified in the proper operations and safety of the UAS. 

7. The operator will be trained in the operation of UAS generally and receive any updated information 

concerning the particular UAS being operated. 

8. In the event that the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to and land at a pre‐determined “home” location within the Safety Perimeter. 

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Adams Surveying Company, LLC 

Appendices: 

A. Exemption Requests and Equivalent Level of Safety 

B. Permission Form 

C. Phantom 3 Professional User Manual 

D. Phantom 3 Professional Safety Guidelines and Disclaimer 

E. Phantom 3 Professional Intelligent Flight Battery Safety Guidelines 
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Appendix A 

Exemption Requests and Equivalent Level of Safety 
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

ASC requests an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of its UAS’s: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the  

issuance of airworthiness certificates as required by FAR §91.203(a) (1). Considering the size and  

limited operating area associated with the aircraft to be utilized by this 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 (49 U.S.C. §44701(f)) and Section 333 of  

the Reform Act both authorize the FAA to exempt aircraft from this requirement, upon consideration of 

the size, weight, speed, operational capability of this particular UAS and the proximity to airports and 

populated areas. In all cases, an analysis of these criteria will show that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS operated under this exemption weighs less than 55 lbs. fully loaded, does not carry a pilot or 

passenger, has no explosive materials or flammable liquid fuels on board, and operates exclusively 

within a confined area. The operations that take place under this exemption will be tightly controlled 

and monitored by the operator. There is no credible threat to local, state, or national security posed by 

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and the inability to carry a substantial external load. 

14 CFR § 45.23 & 14 CFR § 45.29. Marking of the Aircraft 

The regulation requires: 

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," "light‐

sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness 

certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word "Experimental" can be placed. 

Given the size of the UAS, two‐inch lettering will be impossible.  

14 C.F.R. § 61.23(a) & (c), 14 C.F.R. § 61.101(e)(4) & (5), 14 C.F.R. § 61.113(a) & 14 C.F.R. 
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§ 61.315(a): Pilot in Command (PIC) 

ASC requests an exemption from 14 CFR § 61.23(a) and (c), 14 CFR § 61.101(e)(4) and (5), 

14 CFR § 61.113(a), 14 CFR § 61.315(a), that requires the PIC of the UA to possess a pilot license (sports, 

recreational, private or commercial). The FAA as well as other national airspace regulator agencies have 

recognized in the past, operations conducted by persons using Unmanned Aircraft (“UA”), who do not 

hold a pilot’s license, can still attain or exceed the equivalent level of safety of current operations 

conducted with manned aircraft and pilots. 

Even though it recognizes that a pilot’s license is not necessary for safe UA operation; the FAA has, to 

date, declined to grant exemptions under Section 333 that would permit individuals who do not possess 

any type of pilot license (sports, recreational, private or commercial), to conduct commercial UA 

operations. It has specified two reasons for declining to do so. It has stated that it does not possess the 

authority under Section 333 to exempt individuals from the requirement under 49 U.S.C. §44711 to hold 

an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued. 

Exemption No. 11110 at 14. The FAA has also concluded that the Department of Homeland Security 

(DHS) security screening required of all certified airmen meets the statutory requirement in Section 333 

that operations not pose a threat to national security. Exemption No. 11110 at 15. 

ASC respectfully asks that the FAA reconsider its position on this exemption. There is no dispute that it is 

not necessary for an operator of a UA to go through the rigorous and expensive process of becoming a 

certified pilot in order to safely operate a UA. Also, the FAA does have the authority to exempt UA 

operators from the requirement listed in 49 U.S.C. §44711 to hold an airman certificate for “serving in 

the capacity for which the certificate was issued.” It has exercised that authority repeatedly in the 

Section 333 process. Finally, any security concerns the FAA may have can be addressed by implementing 

a variety of security protocols involving operator background checks to be conducted by government 

agencies. 

In addition, the UA that will be utilized under this exemption, the DJI Phantom 3 Professional, is 

equipped with numerous safety features that greatly minimize the risk of human error, considered 

under these regulations: 

1. During start‐up and prior to flight, the UAS undergoes a self‐initialization process for the control 

systems. Flight is not possible unless this initialization process is completed successfully. 

2. A “ceiling” or maximum altitude of the UAS can be set in the flight control system that will limit 

the UA to 400 feet.  Likewise, a geo/virtual fence can be set that restricts horizontal movement 

of the UA by the PIC to a pre‐planned flight area beyond which the UAS can't operate. 

3. The charge level of the battery is continuously displayed on the screen (either smart phone or 

tablet) of the UA hand‐held, flight controller and is a standard feature of the DJI software that is 

utilized to fly the UA.  This allows for the continuous monitoring of the remaining battery charge 

by the PIC.   In addition, the controller is also equipped with a low‐charge battery warning 
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feature that is designed to show a warning light, vibrate and/or send audible alerts as the flight 

battery becomes diminished, thus warning the PIC  to land the UA. 

4. The UAS has a "Return to Home" function that can be activated through the controller. Once 

activated, the UA will go on autopilot, return to the “home” location, and land within 13‐26 feet 

of the PIC. 

5. While operating in the “GPS mode”, the UA retains a fixed position until it receives a command 

signal from the controller.  If, at any time during the flight, the controller signal is idled or 

released (i.e. hands off the controller) the UA will stop and maintain its’ current location until it 

receives a renewed command signal from the controller.  

In addition, the UAS will only be operated within a restricted, secure and controlled area. A written or 

verbal permission from the landowner or designated representative, will always be obtained prior to 

flight and any potential persons within this restricted area will not be exposed to these operations 

without their consent.  The UAS to be operated carries no pilot or passengers. It carries no explosive 

materials, flammable fuels or other liquids. It is equipped with a number of features that greatly 

minimize the risks posed to the general public by human error. For these reasons, ASC believes that the 

potential risks associated with the operation of this UAS are minimal in comparison to the level of risk 

associated with commercial operations defined by Part 61, and that allowing the operations of this UAS 

as requested far exceeds the present level of safety stipulated by these regulations. 

14 CFR §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Since there will be no airworthiness certificate issued for the UA, if this exemption is granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Procedures for Maintenance and the use of safety checklists prior to each 

flight, an equivalent level of safety will be provided. 

14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9(b) (2) provides: 

No person may operate a U.S.‐registered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight 

Manual is not 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. 

Due to the UA’s size and configuration, the UAS does not have the ability or space to carry such a flight 

manual on the UA itself, since there is no pilot on board and because there is no capacity to carry such 

an item on‐board. An equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the operator flying the UAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 95658, 10167, 10167A, 10602, 32827, and 10700. 
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14 CFR § 91.103(b): Preflight action 

This regulation mandates that the pilot in command shall, before beginning a flight, become familiar 

with all available information concerning that flight. This information must include — (b) for any flight, 

runway lengths at airports of intended use, and the following takeoff and landing distance information... 

Due to the fact that FAA approved rotorcraft flight manuals will not be provided for the aircraft and the 

UAS does not require any type of a runway for take‐off or landing operations, an exemption will be 

needed. An equivalent level of safety will be provided as set forth in operational procedures. The 

operator will take all actions including pre‐flight site inspection, checking air space restrictions, weather 

monitoring, flight battery requirements, landing and takeoff locations and aircraft performance data 

before initiation of flight. 

14 CFR §91.109: Flight instruction: 

Section 91.109 provides that no 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.  

UAS and remotely piloted aircraft, by design, do not incorporate fully functional dual controls.  

Flight control is accomplished through the use of a remote controller unit that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See 

Exemption Nos.5778K & 9862A. An equivalent level of safety for the UAS is provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 CFR §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

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

As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes of no more than 400 AGL, an exemption may be needed to allow such operations. As described  

herein, except for the limited conditions stated in the Procedures, the UAS will never operate at  

higher than 400 AGL. An equivalent level of safety for the UAS is attained given the size, weight, speed  

of the UAS as well as the location where it is operated. In addition, the low‐altitude operations of the 

UAS will ensure separation between these small‐UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

14 CFR §91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." 

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption  

Would be needed. An equivalent level of safety will be achieved by the operator, pursuant to the  
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Procedures and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

14 CFR § 91.151(a): Fuel Requirements for Flight in Virtual Flight Rules (“VFR”) Conditions 

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to  

the first point of intended landing, and, assuming normal cruising speed ‐ (1) During the day, to  

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the UAS provides approximately 25 minutes of powered flight making it  

impossible to meet the 30 minute reserve requirement in 14 CFR §91.151. ASCt believes that an  

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673  

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating  

the UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, does not constitute the 

type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

ASC believes that an equivalent level of safety can be achieved by limiting flights to 20% of battery 

power. This restriction would be more than adequate to safely return the UAS to its planned landing 

zone from anywhere in its limited operating area. Similar exemptions have been granted to other 

operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(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. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As  

such, there is no ability or place to carry certification and registration documents or to display them on 

the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the operator flying the UAS will have immediate access to them, to the extent they 

are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 

14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as  

prescribed in subpart E of this part and shall between required inspections, except as provided in  
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paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this  

chapter... ," and others shall inspect or maintain the aircraft in compliance with Part 43.  

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

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety 

will be achieved because these small UASs are very limited in size and will carry a small payload and 

operate only in controlled areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the Procedures, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

ASC seeks an exemption from the following rules: 

14 CFR § 21; 14 CFR § 45.23; 14 CFR § 45.29; 14 CFR 61.23(a) & (c); 14 CFR 61.101(e)(4) 

& (5); 14 CFR 61.113(a); 14 CFR 61.315(a); 14 CFR § 91.7(a); 14 CFR § 91.9(b)(2); 14 CFR § 

91.103(b)(2); 14 CFR § 91.109; 14 CFR § 91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 

CFR § 91.203(a) & (b); 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(2); & 

14 CFR § 91.417(a) & (b) 

Approval of the exemption requested by ASC will allow commercial operation of the DJI  

Phantom 3 for the purpose of generating highly‐detailed 3D models of ground topography and 

structures. The requested exemption should be granted because operation of small UAS, such as the DJI 

Phantom 3, conducted in the strict conditions outlined above, will provide an equivalent level of safety, 

while still allowing commercial operations. The lightweight aircraft covered by the exemptions are far 

safer than conventional operations conducted with helicopters and fixed‐ wing aircraft that weigh 

thousands of pounds and carry highly flammable fuel; while operating in close proximity to the ground 

and people. The seven factors Congress directed the FAA to consider when approving Section 333 

exemption petitions ‐ size, weight, speed, operational capability, proximity to airports, proximity to 

populated areas, and operation within visual line of sight – each support this request for exemption. In 

particular, the aircraft are small, lightweight, will operate at slow speeds in a limited area, and close to 

the ground. The significant increase in the level of safety and decrease of risk to the public, combined 

with the minimal risk with the use of UAS to conduct these operations, demonstrate a substantial body 

of evidence to support the approval of this exemption. 

Privacy 

All flights that occur over private or controlled access property will have the property owner's prior 

consent and knowledge. The fulfillment of the criteria provided in Section 333 of the Reform Act of 2012 

‐ size, weight, speed, operating capabilities, proximity to airports and populated areas and operation 
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within visual line of sight and national security ‐ provides sufficient justification for the grant of the 

requested exemptions allowing commercial operation of ASC's UAS in and pursuant to the Procedures 

appended hereto. 

   
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Appendix B 

Permission Form 
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PERMISSION TO COLLECT AERIAL IMAGERY OVER PROPERTY 

By signing this permission, the signer consents to aerial image collection by Adams Surveying Company,  

LLC (ASC) of the project site and, any necessary areas adjacent to the site or facility. This permission allows ASC 

staff to enter upon and around such property in order to collect aerial imagery over the project site or facility, 

without prior notice, between the hours of 7:00 a.m. & 6:00p.m. Monday through Sunday. If ASC staff should wish 

to collect imagery at any other times, ASC staff will notify the applicant and will obtain a separate consent for such 

a collection.  

Imagery collection may take place regardless of whether the signer or an agent is present. In the event that the 

project site or facility is posted with any form of "posted" Or "keep out" notices, or fenced in with an unlocked 

gate, this permission authorizes ASC staff to disregard such notices or unlocked gates at the time of the collection. 

The signer further agrees that during imagery collection, ASC staff may capture physical characteristics of the site 

including, but not limited to, taking measurements of the project site or facility. The following rules apply during 

the execution of all imagery collection done by ASC staff under this permission: 

1.   Flight Operations: A Pilot in Command (PIC) will be in control of all aerial imaging assets. All flights will occur 

within line of sight. All aerial imaging aircraft flown will be less than 55 lbs. 

2.   Rights to data/imagery being collected: Data/imagery, and other information conceived, developed, or 

produced in the course of this permission shall remain the property of ASC. The signer and agent maintain 

unlimited rights to modify and disseminate all data/imagery and information. 

3.   Compliance with Laws: In the course of performance hereunder, the Parties shall comply with all applicable 

local, state, and federal laws and regulations. 

4.   Costs/Liability Limitation: Except in the event of a Party's gross negligence or willful misconduct; the aggregate 

liability of a Party to the other Party for claims, damages, costs, actions, or liabilities arising 

from or related to this Agreement, regardless of the legal theory of recovery, shall in no event exceed the actual 

out‐ of‐pocket costs of the injured Party incurred in the performance of this Agreement. 

Permission is granted for aerial imagery collection of property located at the following address(es): 

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________ 

By signing this form, I affirm under penalty of perjury that I am authorized to give consent to entry by ASC staff as 

described above.*  

_____________________________________________________________________________________ 

Print Name & Title                                                   Signature                                                                     Date 

*The signer of this form must be an individual or authorized representative of a legal entity that: 

• owns fee title and is in possession of the property identified above; 

• maintains possessory interest in the property through a lease, rental agreement or other legally  

binding document; or 

• is provided permission to act on behalf of an individual or legal entity possessing fee title or  

other possessory interest in the property for the purpose of consenting to imagery collection of  

such property 
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Appendix C 

Phantom 3 Professional User Manual 
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Appendix D. 

Phantom 3 Professional Safety Guidelines and Disclaimer 
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Appendix E. 

Phantom 3 Professional Intelligent Flight Battery Safety Guidelines