1

Dec 4, 2015

SOAR Oregon

705 SW Bonnett Way

Ste. 1000

Bend, OR 97701

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Federal Docket Number FAA-2015-3715, Amendment (1) to Petition for Section 333 

Exemption under Public Law 112-95, in the case of SOAR Oregon

Dear Sir,

1. Please find this amended petition for a Section 333 Exemption for SOAR Oregon per 14 CFR Part 

11.81. SOAR Oregon is a State-funded, not-for-profit organized in the State of Oregon with the 

expressed mission of supporting the growth of the Unmanned Aircraft System (UAS) Industry within 

the State of Oregon. In support of our primary mission and in support of the Public good, SOAR is 

additionally tasked with supporting the stand-up and management of Oregon’s three FAAdesignated Test Ranges, under the University of Alaska, Fairbanks’ Pan Pacific UAS Test Range 

Complex (PPUTRC).

2. Purposes of this Amendment: 

a. SOAR Oregon has received the FAA’s letter dated November 5, 2015 requiring additional 

information why granting this request would be in the Public Interest, and benefit the 

Public as a whole. The primary purpose of this amendment is to clarify how this 

requested Section 333 Exemption will be in the Public Interest and serve the Public as a 

whole. Please refer to Paragraph 9 of this document for the additionally required 

information regarding how SOAR’s Section 333 Exemption is in the Public Interest.
2

b. A second purpose of this amendment is to request Section 333 Exemption for additional 

UAS not included in SOAR’s original application. These additionally requested UAS are 

all of the same basic configuration, size and weight as those in our original request.

3. Applicant Name and Address:

SOAR Oregon

705 SW Bonnett Way

Suite #1000

Bend, OR 97702

Attn: Mr. John Stevens, Chief Operations Officer

3. Summary of Requested Exemptions from 14 CFR for the Docket: As Oregon’s state-funded not for 

profit entity with the expressed mission of furthering the UAS industry within Oregon, SOAR Oregon 

believes that this application exemption serves the public good per the intent of the FAA 

Modernization and Reform Act of 2012, under Section 333 (c) of the Act to “...establish 

requirements for the safe operation of such aircraft systems in the National Airspace System“ 

SOAR requests this Section 333 Exemption under P.L. 112-95 for the purposes of operating a DJI 

Phantom 3 Professional, DJI Phantom 3 Standard, 3D Robotics X8M, the Yuneec Typhoon series, and 

Yuneec Tornado (H920) for the purposes of aerial photography, crew training, and UAS industry 

market survey. Specifically, SOAR requests exemption from the following regulations:

14 CFR Part Summary of Regulations for which SOAR Requests Exemption

21, Sub-part H Certification Procedures for products and parts, Airworthiness 

Certificates

45. 23 (b) Marking of Aircraft

61.315 (c) (2), (3) Certification: Pilots and Instructors, “privileges and limits...sport pilot 

certificate”

91.7 (a) Civil Aircraft Airworthiness

91.103 (b) (1), (2) Preflight Action

91.105 Flight Crewmembers at Stations

91.109 Flight Instruction; Simulated instrument flight and certain flight tests

91.119 (b), (c) Minimum Safe Altitudes. “Over congested areas” and “Over other than 

congested areas”

91.121 Altimeter settings

91.151 (a) Fuel requirements for flights in VFR conditions

91.203 (a) & (b) Civil aircraft: Certifications required

91.405 (a) Maintenance required
3

91.407 (a) Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

91.409 (a) (1) & (2) Inspections

91.417 (a) & (b) Maintenance Records

Table (1): Summary of Exemptions Requested

4. UAS for which SOAR Requests Section 333 Exemption: SOAR intends to operate two UAS of similar 

size and complexity in the furtherance of the organization’s mission:

3D Robotics X8M

DJI Phantom 3 Professional

DJI Phantom 3 Standard

Yuneec Typhoon Q500 4K

Yuneec Typhoon G

Yuneec Typhoon Q500+

Yuneec Typhoon Q500

Yuneec Tornado H920

All of these UAS are electrically-powered, lightweight “quad” or “hex” VTOL UAS which weigh less 

than 11 pounds including payload, and fly at speeds of less than 87 knots. All UAS have been 

produced in great quantities, and have amassed thousands of hours of safe, reliable operations. 

Additionally, the Secretary has already issued 333 Exemptions for both of these UAS.

5. SOAR Oregon Operational Limitations: SOAR proposes to impose the following operational 

limitations on all of the organization’s UAS operations with these UAS:

a. All operations will be conducted by a SOAR-designated Pilot in Command (PIC) and will utilize at 

least one Visual Observer (VO) as described in the subsequent section (see: SOAR UAS Crew 

Qualifications/Certifications and Constraints).

b. All operations will be conducted in accordance with the manufacturers’ operational limitations 

and procedures as specified in:

o DJI Phantom 3 Professional User Manual v1.2 (Attachment 1)

o DJI Phantom 3 Standard User Guide v1.4 (Attachment 2)

o 3D Robotics X8M Operation Manual v3 (Attachment 3)

o 3D Robotics X8 Flight Checklist (Attachment 4)

o 3D Robotics X8 Support web page (Attachment 5)

o Yuneec Typhoon Q500 4K User Manual v2 (Attachment 6)

o Yuneec Typhoon G Quick Start Guide (Attachment 7)

o Yuneec Typhoon Q500+ User Manual v2.0 (Attachment 8)
4

o Yuneec Typhoon Q500 Instruction Manual (Attachment 9)

o Yuneec Tornado H920 A5 User Manual (Attachment 10)

c. All operations will be conducted at 400’ Above Ground Level (AGL) or below. 

d. All operations will be conducted at a speed of no more than 87 knots (verified ground speed), 

and no greater than the UAS manufacturers’ published airspeed limitations.

e. All operations will generally be conducted not less than 500 feet from non-participating persons, 

vessels, vehicles, and structures. Should flights be necessary inside of this envelope, SOAR will 

obtain the permission of any persons, vehicle/vessel owners or operators, or structures’ owners.

f. No operations will be conducted within 5 nm of an airport reference point (ARP) as denoted in 

an FAA Airport Facility Directory (AFD), or for airports not denoted with a reference point in the 

AFD, the center of the airport symbol as denoted on the current FAA aeronautical chart, unless a 

letter of agreement with that airport’s management is obtained or otherwise permitted by a 

COA issued to SOAR.

g. All SOAR operations will be authorized via an FAA Civil Certificate of Waiver or Authorization

(COA).

h. SOAR will publish a Notice to Airmen (NOTAM) no earlier than 72 hours prior to scheduled UAS 

operations and no later than 48 hours prior to scheduled UAS operations.

i. As required, SOAR will notify the cognizant Flight Standards District Office (FSDO) prior to all 

UAS operations. 

j. All operations conducted over private or controlled access property will be conducted only with 

the expressed written consent of that property’s owner or authorized controller.

k. All operations will be conducted no less than 500 vertical feet below or 2,000 horizontal feet 

from a cloud or when visibility is greater than 3 statute miles from the PIC.

l. Operations will be conducted only in day visual meteorological conditions (VMC) and within 

unaided Visual Line of Sight (VLOS) of the PIC and VO. The PIC and VO will maintain unaided 

visual contact with the UAS (corrective lenses and/or sunglasses excepted).

m. All operations will be conducted within a radio frequency spectrum (described in the UAS’s 

respective Operations Manuals) in compliance with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

n. If the UAS suffers a loss of command and control link with the GCS, or loss of GPS navigation 

signal, the UA will return to a predetermined point and hold until signal is regained. If the signal 

is not reacquired, the UA will execute a landing at a safe, pre-determined point.

6. SOAR Oregon UAS Crew Qualifications/Certifications: SOAR proposes to adhere to the following 

crew qualifications/certification requirements:

a. PICs will hold (at minimum) an FAA Sport Pilot Certificate, and a U.S. state issued Driver’s 

license, or lesser operator certification as may be authorized by the FAA in the future.

b. All SOAR PICs will be supervised by the SOAR Executive Director. The SOAR Executive Director 

possesses an FAA Private Pilot Certificate, Instrument Rating with SEL high performance and 

complex endorsements, and has 895 hours flight time in fixed-wing piston aircraft.
5

c. All SOAR PICs will be required to demonstrate proficiency in operation of these UAS and to 

maintain currency with these platforms.

d. VOs will hold (at minimum) a State-issued Driver’s License.

e. All SOAR crew members will be subject to the FAA’s Drug and Alcohol program.

7. SOAR Oregon UAS Logbooks, Inspections, Maintenance and Condition for Safe Operation: SOAR 

proposes to follow the below requirements with respect to UAS logbooks, maintenance and 

ensuring our UAS’ condition for safe operation:

a. SOAR will maintain operations and maintenance logbooks for each UAS.

b. SOAR UAS will be inspected and maintained IAW the Manufacturers’ Operator/Maintenance 

Manuals, or in accordance with FAA Advisory Circular 43.13 (b), as applicable. Additionally, 3D 

Robotics provides specific maintenance instructions in its “Support” web page (Attachment 5).

c. SOAR will ensure that its UAS are kept in a condition for continued safe operation by 

accomplishing the above.

d. All inspections, maintenance actions, and relevant life cycle data will be recorded in the UAS 

logbooks.

8. Specific Exemptions Requested by SOAR Oregon, and Equivalent Levels of Safety:

a. 14 CFR Part 21, Sub-Part (H), “Airworthiness Certificates”: There is no Type Certification 

basis for any of the UAS for which SOAR is requesting exemption, hence Airworthiness 

Certification is not requested. However, SOAR will ensure that the UAS will be in a condition 

for safe operations through the use of maintenance and pre-flight procedures as specified in 

the manufacturers’ Operations/Maintenance manuals and checklists (Attachments 1 – 10). 

SOAR will conduct all pre-flights, scheduled and un-scheduled maintenance in accordance 

with these manuals in order to ensure that the UAS is in a condition for safe operations.

b. 14 CFR Par 45.23 (b) “Display of Marks, General”: SOAR will register both UAS with the FAA 

per 14 CFR Part 47. Exemption is requested for the size and location of the aircraft 

markings, as the minimum sizes and locations of markings per 14 CFR Part 43.23 (b) are 

impractical due to the size and configuration of UAS listed above. SOAR will mark the UAS 

with our assigned N-numbers to the largest practical size.

c. 14 CFR Part 61.315 (c) (2) and (3) “...privileges and limitations of...sport pilot certificate”: 

SOAR may operate its UAS for missions which could be considered Commercial, or use a 

compensated staff member to conduct operations. However, given the small size, weight 

and complexity of the UAS SOAR intends to operates, SOAR proposes to maintain an 

equivalent level of safety with respect to its pilots’ qualifications and certifications by 

requiring all SOAR PICs to possess a minimum of an FAA Sport Pilot Certificate, and a valid 

State-issued driver’s license. SOAR believes that there is precedent for our establishing and 

maintaining the above level of PIC qualifications/certifications, as the Secretary has granted 

Certificates of Waiver or Authorization and Section 333 Exemptions for these and other UAS 

of similar specifications, and for organizations performing operations with identical 

limitations. 
6

d. 14 CFR Part 91.7 (a) “Civil aircraft airworthiness”: As no certification basis exists for the UAS 

SOAR intends to operate, no normal airworthiness can be established for these systems. 

However, SOAR will ensure an equivalent level of safety by ensuring compliance with all 

inspection and maintenance procedures detailed in the manufacturers’ operations and 

maintenance manuals.

e. 14 CFR Part 91.103 (b) (1), (2) “Pre-flight action”: None of the UAS for which SOAR is 

requesting exemption to operate have FAA-approved Aircraft Flight Manuals. However 

SOAR will ensure an equivalent level of safety by complying with all pre-flight planning 

requirements of the manufacturer’s operations and maintenance manuals, and by ensuring 

that effective operational pre-flight planning is conducted by the Pilot in Command per the 

rule.

f. 14 CFR Part 91.105 “Flight crewmembers at stations”: SOAR requests exemption from this 

rule in that the SOAR PIC will be located with the UAS ground control station. No safety 

harnesses are required for this crewmember’s physical location. Additionally, SOAR will 

ensure an equivalent level of safety by maintaining a “sterile cockpit” environment for the 

PIC, ensuring the PIC’s physical environment is free of distraction from unauthorized 

personnel or other external stimuli.

g. 14 CFR Part 91.109 “Flight Instruction; Simulated instrument flight and certain flight tests”:

The UAS for which SOAR requests exemption lack the dual controls required by the rule, 

however if available, SOAR will maintain an equivalent level of safety by ensuring that 

backup “piggy backed” controllers are used by PIC trainers for all system proficiency and 

experience building. All SOAR crew training will be conducted only during dedicated training 

sessions. All training for SOAR PICs and VOs will be conducted per the operational 

limitations expressed above in this exemption request.

h. 14 CFR Part 91.119 (b), (c) “Minimum Safe Altitudes...“Over congested areas” and “Over 

other than congested areas”: As stated in the operational limitations above, SOAR will 

ensure an equivalent level of safety by operating its UAS no closer than 500 feet from nonparticipant persons, vessels, vehicles or structures, unless permission is given by these 

persons or owners that such flights are permitted. Due to the light weight, small size, low 

airspeeds and lack of flammable materials on board the UA, no unsatisfactory residual risk 

exists for such operations. Should SOAR require to operate at distances less than the 

limitations expressed in the rule, SOAR will obtain the permission of these persons, vehicle 

or vessel owner/operators, and structures’ owners or authority.

i. 14 CFR Part 91.121 ”Altimeter settings”: None of the UAS for which SOAR is requesting 

exemption uses barometric altimeters. SOAR requests exemption from the statute and will 

achieve an equivalent level of safety through effective operation of these UAS’ GPS altitude 

reporting capabilities.

j. 14 CFR Part 91.151 (a) “Fuel requirements for flights in VFR conditions”: None of the UAS 

for which SOAR is requesting exemption has the ability to retain 30 minutes of fuel reserve. 

All are battery powered and have battery power level monitoring capability. SOAR will 

achieve an equivalent level of safety through battery health monitoring, ensuring that 

missions are terminated with sufficient battery power remaining to return to the takeoff 

point.
7

k. 14 CFR Part 91.203 (a) & (b) “Civil aircraft: Certifications required”: SOAR has not applied for 

an Airworthiness Certificate for these UAS, nor is it practical to carry additional 

documentation (e.g. FAA Registration, FCC license) aboard the UA. Thus, SOAR requests 

exemption from the statute and, as applicable, SOAR will achieve an equivalent level of 

safety by ensuring that all documentation (except Airworthiness Certificates) required to be 

carried aboard the aircraft will instead be co-located with the PIC, and available for 

examination by any FAA or law enforcement official.

l. 14 CFR Part 91.405 (a) “Maintenance required”: None of the UAS for which SOAR requests 

exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR 

Part 43. However, SOAR will ensure that these UAS are inspected and maintained per the 

manufacturers’ operations/maintenance manuals to ensure an equivalent level of safety, 

and maintain a level of material condition sufficient to ensure continued safe operations 

after performance of inspections and maintenance actions. All inspections and maintenance 

actions performed on the SOAR UAS will be annotated in the UAS maintenance logbooks.

m. 14 CFR Part 91.407 (a) “Operation after maintenance, preventive maintenance, rebuilding, 

or alteration”: None of the UAS for which SOAR requests exemption will possess 

Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However SOAR 

will ensure that the aircraft are returned to a safely operable material condition to ensure 

an equivalent level of safety after completion of all inspections and maintenance actions, by 

performing all return to service requirements indicated in the manufacturers’ maintenance 

manuals.

n. 14 CFR Part 91. 91.409 (a) (1) & (2) “Inspections”: None of the UAS for which SOAR requests 

exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR 

Part 43. However SOAR will ensure an equivalent of safety by performing all scheduled and 

special inspections per the manufacturers’ maintenance manuals. All inspections and 

maintenance actions performed on the SOAR UAS will be annotated in the UAS maintenance 

logbooks.

o. 14 CFR Part 91.417 (a) & (b) “Maintenance records”: None of the UAS for which SOAR 

requests exemption will possess Airworthiness Certificates nor will they be maintained per 

14 CFR Part 43. However SOAR will ensure an equivalent level of safety by maintaining UAS 

maintenance logbooks which capture inspection and maintenance data similar to that 

required in 14 CFR Part 91.417 (a) (1) and (2).

9. Public Interest: SOAR is the State of Oregon’s designated not-for-profit for promotion and 

development of the UAS industry within the state. Our state-funded efforts encompass four focus 

areas which directly benefit the Public. By granting SOAR’s request for Section 333 Exemption, the 

FAA will enable SOAR to conduct safe, effective, regulatory compliant UAS operations in direct 

support of all four of these focus areas, and is consistent with other Section 333 Exemptions 

previously granted to other not-for profit organizations. These four focus areas are:

a. Support of the FAA-Designated Oregon UAS Test Ranges under the Pan Pacific UAS Test 

Range Complex: SOAR provides direct financial support to the Oregon Test Ranges to 

support safe Public and Civil integration of UAS into the National Airspace System. SOAR 

also provides technical, regulatory, marketing and business development support to the 
8

Oregon UAS Test Ranges. The ultimate goal of SOAR’s support of the Test Ranges is to 

stimulate job creation and indirect economic activity associated with UAS operations at the 

Ranges. By granting our Section 333 Exemption, SOAR will be able to conduct safe, 

regulatory-compliant demonstrations for public agencies, researchers, and aerospace 

companies who might be considering using the Oregon UAS Test Ranges. 

b. Funding/Business Development: SOAR will create partnerships and support projects that 

benefit UAS firms and bring new UAS products and services to market, and create jobs. By

granting of our Section 333 Exemption, SOAR will be able familiarize prospective companies 

considering entering the UAS sector through safe, regulatory-compliant UAS 

demonstrations. 

c. Oregon UAS Industry and Test Range Marketing: SOAR will expand the visibility and 

viability of the UAS industry within Oregon and our three FAA-Authorized UAS Test Ranges, 

as well as provide valuable UAS safety and regulatory information to our members, the UAS 

industry and the Public. SOAR’s efforts in this focus area include promoting valuable public 

facing UAS safety programs such as KnowB4UFly. By granting SOAR’s request for Section 333 

Exemption, the FAA will enable SOAR to conduct aerial data collection (aerial photography) 

UAS operations which will directly support our marketing and Public outreach activities such 

as website development, advertising, and UAS industry promotion in the state and 

regionally.

d. Industry Stakeholder Collaboration: SOAR collaborates directly with Federal Public 

Agencies (including the FAA), the State of Oregon Legislature and Agencies, Public Colleges 

and Universities, and Public education (K-12) STEM programs to ensure Public awareness 

and knowledge of UAS safety programs. SOAR collaborates with other Oregon economic 

development agencies and organizations to expand the UAS industry for Public economic 

benefit. SOAR also coordinates with Oregon Universities and Colleges to develop UAS 

research and educational programs that will grow Oregon’s UAS labor pool. By granting 

SOAR’s Section 333 Exemption request, the FAA will enable SOAR to demonstrate safe, 

regulatory-compliant UAS operations for these Public UAS stakeholders in the state.

10. Privacy: SOAR Oregon will comply with all Federal, state and local regulations pertaining to Privacy. 

Additionally, SOAR Oregon will comply with the Pan Pacific UAS Test Range Complex privacy policy 

during any operations flown under a PPUTRC COA.

11. Point of Contact: We are pleased to submit this amended petition for Section 333 Exemption. 

Should any clarification or additional information be required in support of this petition, please 

contact;

John Stevens

Chief Operations Officer

SOAR Oregon

jstevens@soaroregon.com
9

Attachments:

(1) DJI Phantom 3 Professional User Guide v1.2; 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

(2) DJI Phantom 3 Standard User Guide v1.4

https://dl.djicdn.com/downloads/phantom_3_standard/en/Phantom_3_Standard_User_Manual__V1.4.pdf

(3) 3D Robotics X8M Operation Manual v3;

http://3drobotics.com/wp-content/uploads/2015/04/X8M-Operation-Manual-v3.pdf

(4) 3D Robotics X8 Flight Checklist

http://3drobotics.com/wp-content/uploads/2015/04/X8-Checklist-vB.pdf\

(5) 3D Robotics X8 Support web page

http://3drobotics.com/kb/x8/

(6) Yuneec Typhoon Q500 4K User Manual v2

http://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf

(7) Yuneec Typhoon G Quick Start Guide

http://www.yuneec.com/download/manuals/Typhoon-G-Quick-Start-Guide-V1.0-0831.pdf

(8) Yuneec Typhoon Q500+ User Manual v2.0

http://www.yuneec.com/download/manuals/typhoon_q500plus_user_manual_v2.0.pdf

(9) Yuneec Typhoon Q500 Instruction Manual

http://www.yuneec.com/download/manuals/typhoon_q500_instruction_manual_v2.1.pdf

(10) Yuneec Tornado H920 A5 User Manual

http://www.yuneec.com/download/manuals/TORNADO-H920-User-Manual-A5-(NO-SONY7)-

20151019.pdf