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December 19, 2015

Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

DronePilotSafety

Thomas Calloway Freeman

747 South Eighth Street

Mebane, NC 27302

(919) 619-6828

mailto:tc@dronepilotsafety.com

Re: Exemption Request Section 333 of the FAA Reform Act of 2012 

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Thomas C Freeman doing

business as DronePilotSafety, an operator of small Unmanned Aircraft Systems (sUAS), respectfully 

request an exemption from the Federal Aviation Regulations (“FARs”) detailed below for the following

described small Unmanned Aircraft Systems, which include an Unmanned Aircraft (UA) and ground

station-based equipment and crew.

DJI Phantom 3

The Phantom is a quadcopter for aerial photography and filmmaking. It includes a high-quality camera, 

custom-built remote controller, and Intelligent Flight Battery, and is compatible with DJI GO app for 

model devices, which will stream live HD video over WiFi as you fly. Critical flight data is collected, 

computed and communicated to the entire aircraft in real time.

Description of Proposed Operations

The requested exemption would permit commercial operations of DronePilotSafety, the ability to

perform precision aerial inspections or surveys that consist of still photographs or video taken by an 

onboard camera. Operations and applications we seek for these sUAS and associated data processing 

functions include aerial photography, mapping, structural inspections, pipelines and other oil and gas 

related inspections, real estate marketing, surveys and other flight operations that could be performed 

safely and more cost effectively with the use of sUAS at low altitude within the U.S. national airspace 

system as compared to a manned aircraft. The sUAS will be for the used in support of our 

demonstration, sales and training mission of DronePilotSafety.

Use of sUAS for these operations reduces the need to operate conventional aircraft or other equipment 

for the same purpose and provides very high quality imagery at a fraction of the cost of the same

operations using conventional means. Likewise, inspections of structures can be safely performed without

endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other 

equipment. These savings result in enhanced efficiency and productivity for the affected activities, as well 

as environmental benefits and potential savings in both cost and hazards to the public.
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The proposed sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, within 

visual line-of-sight ("VLOS") of the operator, in Class G airspace, and will occur at least 5 miles away from 

an airport, unless prior contact to Air Traffic Control or the airport manager has been made. In addition to

the fail safe systems programmed in each UAS, DronePilotSafety incorporates redundant safeguards to 

assure that the aircraft does not travel outside the controlled area of UAS operations, including GPS "geofencing" technologies.

Name and address of the petitioner is:

DronePilotSafety

Attn: Thomas Calloway Freeman

747 South Eighth Street

Mebane, NC 27302

Regulations from which exemption is requested:

14 C.F.R. Part 21 Subpart H - Airworthiness Certificates

14 C.F.R. 45.23 - Display of marks; general

14 C.F.R. 61.113 (a) & (b) - Private pilot privileges and limitations: Pilot in command

14 C.F.R. 91.7 (a) – Civil Aircraft Airworthiness

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

14 C.F.R. 91.9 (c) – Marking of Aircraft

14 C.F.R. 91.103 – Preflight Actions

14 C.F.R. 91.109 – Flight instruction

14 C.F.R. 91.119 – Minimum safe altitudes: General

14 C.F.R. 91.121 – Altimeter settings

14 C.F.R. 91.151 – Fuel requirements for flights in Visual Flight Rules (VFR) conditions

14 C.F.R. 91.203 (a)(1) – Civil aircraft: certification required

14 C.F.R. 91.405 – Maintenance required

14 C.F.R. 91.407 – Operation after maintenance, preventative maintenance, rebuilding, and

alteration

14 C.F.R. 91.409 – Inspections

14 C.F.R. 91.417 – Maintenance records

1. DronePilotSafety seeks exemption from the requirements of 14 CFR Part 21, Subpart H: 

Airworthiness Certificates and 14 CFR § 91.203(a) (1)

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (typically less 

than 10 lbs., and always less than 55 lbs.) and the limited operating area associated with its utilization, it

is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve

or exceed current safety levels.

Such an exemption 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 both authorize the FAA to

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.
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In this case, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness

certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional

aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The sUAS weighs less than 55 lbs. fully 

loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively

within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this

exemption will be tightly controlled and monitored by both the operator, and by local public safety 

requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of 

the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact

that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. 

The sUAS provides at least an equivalent, and most likely exceeds, level of safety to that of such

operations being conducted with conventional aircraft that would be substantially larger and would be 

carrying passengers, cargo, and flammable fuel.

2. DronePilotSafety seeks exemption from the requirements of 14 CFR § 45.23 & 91.9(c): Marking of the

Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft, marks consisting of the Roman capital letter

“N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix 

letter used in the marks displayed must also be a Roman capital letter.

(b) 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.

Regulation 91.9(c) provides:

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

part 45 of this chapter.

The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. 

Given the size of the sUAS, two-inch lettering will be impossible. Official marking systems for sUAS have 

not yet been established for operations inside the NAS. DronePilotSafety is prepared to mark the sUAS 

with the name of the organization and location or origin and fulfill any other request by the FAA to this 

topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the 

identification of the sUAS.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A, 

10700, 11256, and 11251.

3. DronePilotSafety seeks exemption from the requirements of 14 CFR § 61.113(a) & (b); Private Pilot 

Privileges and Limitations;

This regulation restricts private pilot certificate holders 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 private pilot is carrying passengers or cargo for hire. In this case, while the sUAS will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of 
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Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of sUAS operation 

outside of controlled airspace did not warrant the additional cost and restrictions with requiring the PIC 

to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional 

requirements for a private pilot to become qualified as a commercial pilot would not lead to any 

additional safety benefits when sUAS operations are involved.

The equivalent level of safety is the restrictions DronePilotSafety has placed on its sUAS operations. 

DronePilotSafety will operate on private property away from persons and property not involved in the 

operation. DronePilotSafety will also obtain an ATO issued COA prior to conducting any operations under 

this Grant of Exemption unless the operation can be captured within the confines of the “blanket” 200-

foot COA. 

In addition to these flight restrictions, DronePilotSafety will further ensure safe operation by requiring 

that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft

operators but also in the unique aspects of sUAS flight. Our PICs will have experience not only in general 

sUAS operations, but have logged flight time in the specific make and model used for the operations 

before they are permitted to participate in commercial flights on behalf of DronePilotSafety. 

DronePilotSafety pilots are competent and proficient in the UAS they are operating. DronePilotSafety

training and qualification requirements are consistent with those contained in prior FAA Section 333 

Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will 

ensure at least an equivalent level of safety. DronePilotSafety sUAS pilots will be trained and supervised 

by the founder Thomas Calloway Freeman, FAA certificated Certified Flight Instructor (CFI), Airline 

Transport Pilot (ATP), or qualified certificated Sport Pilot or higher rated pilot

4. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.7(a): Civil aircraft 

airworthiness.

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

Should the exemption be granted allowing commercial operation of sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the 

previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring 

compliance with the given sUAS manuals and use of safety checklists prior to each flight.

5. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.9(b)(2): Civil Aircraft Flight 

Manual in the Aircraft.

The regulation 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.

Given the size of sUAS, they have no ability or place to carry such a flight manual on the aircraft, not only

because there is no pilot on board, but because there is no room or capacity to carry such an item on the

aircraft.

The equivalent level of safety will be achieved by keeping the flight manual at the ground control point 

where the PIC flying the sUAS will have immediate access to it. The FAA has issued to others the following
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exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 32827, 10700, 11251, and 11256.

6. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed.

Following a comprehensive preflight checklist will provide an equivalent level of safety. The PIC will take

all actions including reviewing weather, flight battery requirements, landing and takeoff distances and

aircraft performance data before initiation of flight.

7. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.109: Flight Instruction

Section 91.109(a), which provides in pertinent part 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." sUAS and remotely piloted aircraft, by their design, do not have functional dual controls. 

Instead, flight control is accomplished through the use of a device that communicates with the aircraft via 

radio communications. Accordingly, an exemption will be required for the flight instruction requirements

of 14 C.F.R. § 91.109(a).

Given the size and speed of the sUAS that DronePilotSafety intends to use, an equivalent level of safe 

training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, 

and all persons will be a safe distance away in the event that the UAS experiences any difficulties during

flight instruction. 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.

8. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.119: Minimum Safe 

Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft 

flying over areas other than congested areas to an altitude of 500 feet above the surface, except over

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.

Because aerial survey, mapping and inspection work must be accomplished at relatively low altitudes and

at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which 

sUAS are built. Also, no flight will be taken without the permission of the landowner or those who control 

the land. Because of the advance notice to the landowner, all affected individuals will be aware of the

flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than

55 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those 

currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude

operations of the sUAS will maintain separation between these sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.
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9. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.121: Altimeter Settings

Section 91.121 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 or barometric pressure. 

Some sUAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. When

a barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of take-off; this is right 

next to the PIC and not at a departure airport. The altitude reading will be relative to that point (on the 

ground) and not a known elevation.

The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the 

launch site. The altitude of the sUAS will also be displayed via telemetry on the Ground Station and will be 

constantly monitored by the PIC during the entire flight operation.

10. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.151(a): Fuel Requirements 

for Flight in VFR Conditions

This regulation 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 different sUAS batteries provide a variety of powered flight times. An exemption from §14 CFR 

91.151 is therefore required.

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior 

exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance 

with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not prompt the type of risks 

that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The 

fact that it carries no pilot, passenger, or cargo also enhances its safety. In the unlikely event that the 

battery on the sUAS should run out, it would simply land. Given its weight and construction material, the 

risks are less than contemplated by the current regulation.

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of reserve 

battery, which would be more than adequate to return the sUAS to its planned landing zone from

anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673, 10808, and 

11251.

11. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.203 (a) & (b): Carrying Civil 

Aircraft Certification and Registration

This regulation provides as follows:

... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness 

certificate.

No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 
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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 sUAS fully loaded typically weighs less than 10 lbs., and always less than 55 lbs. As such, there is no 

ability or place to carry certification and registration documents or to display them on the sUAS. In 

addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the PIC flying the sUAS will have immediate access to them. 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, 10700, 11251, and 11256.

12. DronePilotSafety seeks exemption from the requirements of 14 CFR § 91.405(a); 407(a)(1); 409(a)(1)

and (2); 417(a) and (b): Maintenance Inspections

Section 91.405(a) requires 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 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return 

to service.

The sUAS are nearly maintenance free, they perform automatic pre-flight checks and the failure of any 

check will prevent take-off. Checks which cannot be done by the system will be performed by a qualified 

person prior to each flight and at predefined intervals as part of a maintenance schedule.

Pre-flight checklist includes:

Visual inspection of the airframe

Visual inspections of rotor integrity

Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. The 

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

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

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

ensure an equivalent level of safety.

If mechanical issues arise, the sUAS can land immediately due to the pre-determined area of operation. 

Moreover, the sUAS's small size, carrying capacity, and the fact that flight operations will only take place 

in restricted areas for limited periods of time, create less risk than the same factors associated with 

conventional fixed-wing aircraft and rotorcraft performing the same operation.

Public Interest

Approval of this exemption for commercial operations will enhance safety by reducing risk. Use of the 
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sUAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as 

compared to similar operations conducted with manned aircraft that weigh in excess of 6,000 lbs., 

carrying a crew and flammable fuel. Such aircraft must fly to and from the project location. In contrast, a 

sUAS weighing less than 10 lbs. and powered by batteries, eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the target area and 

not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

In regards to performing inspections of various structures, and natural gas pipelines the sUAS will 

minimize the risk to persons attempting to climb these structures and photograph problem areas. It will 

provide a way for companies to have their engineers review photographs and provide additional safety to

the general public in regard to structure failure or natural gas pipelines having structural issues. Many of 

the natural gas pipelines travel in areas that are hard to reach by vehicle or foot and if an area is 

suspected of having problems the sUAS will allow for an easier and safer assessment. The sales and 

training mission of the organization will allow the industry to demonstrate, sale and train future sUAS 

pilots.

Conclusion

DronePilotSafety respectfully requests that the FAA grant the requested exemption and are prepared to 

modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look 

forward to working with your office. If additional information or clarification is needed, please feel free to

contact us.

DronePilotSafety

Thomas Calloway Freeman

747 South Eighth Street

Mebane, NC 27302

(919) 619-6828

mailto:tc@dronepilotsafety.com

Appendices:

DJI Phantom 3 – Specifications Data Sheet and User Manual Link

APPENDIX A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

1.1 DJI Phantom 3

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 2000/s

1.1.1.5 Max Tilt Angel - 350 1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)
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1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.030

1.1.2.3 Controllable Range – Pitch: -900 - 00

1.1.2.4 Maximum Angular Speed – Pitch: 900/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 320F - 1040F (00C - 400C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288 4.1.3.5 HD Video Recording – 1080p30 & 720p

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

DJI Phantom 3 – User Manual Link

http://www.dji.com/product/phantom-3/download