U.S Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part

November 03, 2015

Petitioner:

Trevor DeVries

1520 Redondo Ave.

Salt Lake City, UT 84105

802.375.3020

tdevries802@gmail.com 

Dear Sir or Madam:

Trevor DeVries, operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of designated UAS, provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 

333. Trevor DeVries is a licensed pilot (Airman Certificate #: 3402547) with over 200 hours of 

flying experience and will be providing services that include (but not limited to) photography, 

videography, inspections, and surveys.

Exemption from these specific requirements of Title 14 C.F.R.: 

I. 61.113(a) and (b) 

II. 91.119(b) and (c) 

III. 91.121 

IV. 91.151(a) 

V. 91.405(a) 

VI. 91.407(a)(1) 

VII. 91.409(a)(1) and (2) 

VIII. 91.417(a) and (b) 

Definitions 

I. AGL: Above Ground Level 

II. ATC: Air Traffic Control 
III. COA: Certificate of Authorization 

IV. FAA: Federal Aviation Administration 

V. FAR: Federal Aviation Regulation 

VI. GPS: Global Positioning System 

VII. NAS: National Airspace System 

VIII. PIC: Pilot in Command 

IX. UA: Unmanned Aircraft 

X. sUAS: Small Unmanned Aerial System 

XI. VFR: Visual Flight Rules 

XII. VLOS: Visual Line of Site 

Aircraft

I. DJI Phantom 3 

A. Weight (Including Battery and Propellers): 2.82 lbs 

B. Diagonal Size (Including Propellers): 23.23 in 

C. Max Ascent Speed: 11.2 mph 

D. Max Descent Speed: 6.7 mph 

E. Max Flight Time ~ 23 minutes 

F. Remote Controller Operating Frequency: 2.400 GHz-2.483 GHz 

G. Auto Takeoff: Rises to a preset height and will hover in place until directed where to go 

H. Auto Return Home: Remembers the exact spot it took off from to enable a tap of a button 

to return back home 

I. Low Battery Failsafe: If the flight battery is run running low or the Phantom 3 loses 

connection with the remote it will automatically return back home 

II. DJI Inspire 1 

A. Weight (Including Battery and Propellers): 6.47 lbs 

B. Diagonal Size (Including Propellers): 22.87 in 

C. Max Ascent Speed: 11.2 mph 

D. Max Descent Speed: 9 mph 

E. Max Flight Time ~ 18 minutes 

F. Remote Controller Operating Frequency: 2.400 GHz-2.483 GHz / 5.725 GHz-5.825 GHz 

G. Auto Takeoff: Rises to a preset height and will hover in place until directed where to go 
H. Auto Return Home: Remembers the exact spot it took off from to enable a tap of a button 

to return back home 

I. Low Battery Failsafe: If the flight battery is run running low or the Inspire 1 loses 

connection with the remote it will automatically return back home 

Specific Sections of C.F.R From Which Trevor DeVries Seeks Exemption: 

I. Section 61.113(a) and (b) Private Pilot Privileges and Limitations 

Section 61.113 states that no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. The sUAS 

will not carry a pilot or passengers. Then the stated operations can achieve the equivalent 

level of safety by requiring the PIC operating the aircraft to have completed FAA Private Pilot 

Ground school instruction and passed the FAA Private Pilot written exam to operate these 

sUAS. These sUAS are not capable of carrying a pilot or passengers, therefore distinguishing 

them as remotely controlled vehicles. The area of operation is controlled and restricted 

providing a sound level of safety referenced from the operations manual. The risk associated 

with the operation of a UAS are greatly reduced with a private pilot acting as PIC thus 

exceeding the present level of safety achieved by section 61.113. 

II. Section 91.119 Minimum Safe Altitudes 

Section 91.119 states persons may operate a helicopter at less than the minimums prescribed 

in paragraph (b) or (c) of this section, provided each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA. The sUAS 

meets this criteria as a helicopter and requests the ability to operate at altitudes up to 400’ 

AGL. Only in accordance with preobtained consent will the sUAS operate while also 

maintaining an altitude less than 400’ AGL. For comparison with traditional aircraft and 

rotorcraft the sUAS weighs less than 10lbs, while also preventing potential risks associated 

with flammable fuel. Lastly the 400’ AGL ceiling limits any ability for the sUAS to interfere 

with conventional aircraft operating at or above 500’ AGL. 

III. Section 91.121 Altimeter Settings 

Section 91.121 states each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL, to the current reported altimeter setting of a station along 

the route and within 100 nautical miles of the aircraft. In the case of an aircraft not equipped 

with a radio, the elevation of the departure airport or an appropriate altimeter setting 

available before departure. The sUAS will reference its altitude based on GPS and will be 

restricted to a 400’ AGL ceiling. The PIC will also verify GPS elevation from multiple ground 

based sources prior to takeoff. 

IV. Section 91.151 Fuel Requirements for Flight in VFR conditions 
Section 91.151 states no person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes. The sUAS battery powered operational flight time is not able to incorporate a 20 

minute reserve window following successful first point of intended landing due to current 

battery capacity limitations. In order to provide adequate reserve power for return landing 

the sUAS will abide by a 12 minute flight time or 25% of remaining battery power, whichever 

happens first. 

V. Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b) 

These sections only apply to aircraft with an airworthiness certificate, Trevor DeVries 

requests exemption from these sections because the DJI Phantom 3 and Inspire 1 do not 

require airworthiness certificates. Both sUAS are in accordance with FMRA Section 333 for 

operation, absent an airworthiness certificate. In order to insure proper maintenance the 

operations manual will be cited for necessary corrective measures. In addition, the PIC is the 

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

condition, and any sUAS conducted maintenance will be documented for the life of the 

aircrafts. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY: The applicant proposes that the exemption 

requested herein apply to civil aircraft that have the characteristics and that operate with 

the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to the already safe operations 

conducted with conventional aircraft. These limitations and conditions to which Trevor 

DeVries agrees to be bound when conducting commercial operations under an FAA issued 

exemption include:

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200

feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, 

and/or

the Camera Operator.

6. The UAS will only operate within a confined “Sterile Area” of the flight operations area. 

7. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing.

8. The operator will obtain the consent of all persons involved and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and this radius may 

be reduced to 30 feet based upon an equivalent level of safety determination.
9. Pilot and observer will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated.

10. Observer and pilot will at all times are able to communicate by voice and/or text.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

13. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre-determined location within the Security Perimeter and land.

14. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

Emergencies

Based on the criteria provided under the FMRA Section 333, Trevor DeVries requests that the 

FAA grants him exemption from 14 C.F.R Sections 61.113(a) & (b), 91.119(b) and (c), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) in order to 

conduct commercial sUAS operations using the DJI Phantom 3 and Inspire 1 for a wide range 

of industries and applications. 

Respectfully, 

Trevor DeVries

Airman Certificate #: 3402547