Exist Industries LLC

P.O. Box 1035

Beaver, Utah 84713

435-310-1030

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Exist Industries LLC, pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (Reform Act), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, requests an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow Exist 

Industries LLC to conduct commercial operations with small Unmanned Aircraft System 

(sUAS) to provide aerial support functions, inspections, and imagery operations in the 

following industries: agriculture, energy production, surveying, construction, environmental, 

engineering, wildlife, insurance, real estate, flight training, tourism, education, emergency 

services, public sector, transportation and railroad, animal production and management, 

utility, event, consulting, research and development, land management, mining, video and 

television production including closed set filming, and other commercial and industrial flight 

applications.

Exemptions Requested 

Similar to previous exemptions granted in exemptions: 11581,12284,12496, Exist Industries 

LLC requests exemptions from the following regulations: 

14 C.P.R. 21

14 C.P.R. 45.23

14 C.F.R 45.29

14 C.P.R. 61.3

14 C.P.R. 61.113(a) & (b)

14 C.P.R. 91.121

14 C.P.R. 61.133(a)

14 C.P.R. 91.7(b)

14 C.P.R. 91.9(b)(2)

14 C.P.R. 91.109(a)

14 C.P.R. 91.119

14 C.P.R. 91.151(a)

14 C.P.R. 91.203(a) & (b)

14 CFR Subpart E (91.401- 91.417)
1. CHARACTERISTICS OF THE AIRCRAFT 

UAS operations will be safely conducted according to manufacture manuals and 

safety guidelines to minimize risk to the NAS or to persons and property on the ground with 

the following aircraft: 

 DJI Phantom 

 DJI Inspire 

 DJI Matrice 

 DJI S-1000+ 

All specs and operating manual links can be found in Appendix A

2. APPLICATIONS 

 Aerial support functions, inspections, and imagery operations in the following 

industries: agriculture, energy production, surveying, construction, environmental, 

engineering, wildlife, insurance, real estate, flight training, tourism, education, emergency 

services, public sector, transportation and railroad, animal production and management, 

utility, event, consulting, research and development, land management, mining, video and 

television production including closed set filming, and other commercial and industrial flight 

applications.

 

3. OPERATING GUIDELINES 

 All operations conducted under this exemption will meet or exceed the recommend 

manufacturer operation and safety guidelines attached in Appendix A to ensure safe and 

proper flight. 

To further ensure safe operations additional operational guidelines are attached in 

Appendix B

In accordance with the conditions approved in previous exemption grants, Exist 

Industries LLC is requesting authority to operate the sUAS within visual line of sight and 

below 400 feet AGL except as provided by FAA Air Traffic Control via COA. Exist 

Industries LLC will use the elevation of the highest predominant terrain within 1 mile of the 

launch point and within the visual line of sight (VLOS) as a ground reference point to 

establish the 400 feet ceiling. In other words, Exist Industries LLC will not operate the sUAS 

any higher than 400 feet above the highest point within 1 mile from the launch point, and 

will only do so provided the sUAS is within the line of sight. These operating conditions, 

along with those listed in Appendix B, would provide an equivalent level of safety for the 

reasons described below. The sUAS is visible up to 2,000 meters (1.24 miles) in a clear sky, 

making the selection of the predominant terrain within 1 mile of the launch point as a 

ground reference a logical and easily manageable reference.
4. OPERATOR GUIDELINES 

 The PIC(s) must meet the following qualifications: Has successfully completed Exist 

Industries LLC training program and has passed the written test of the FAA Private Pilots License. 

Exist Industries LLC training program includes firm grasp on operational guidelines and aircraft

functions and limitations, as well as at least 5 hours recorded flight time of specific sUAV. The PIC 

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued 

by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government.

 

5. PUBLIC INTEREST 

Performing these services with a sUAS is in the public interest for several reasons, 

including: (1) dramatically reducing safety risks inherent in manned operations, both in the 

air and on the ground; (2) inspecting locations where humans are not able visit without 

incurring substantial risk; (3) enhancing capabilities to utilize the sUAS to assist first 

responders on safety or environmental incidents; (4) and improving access to and control of 

various sites and operations.

The use of the sUAS for these services will reduce the need to either operate manned 

aircraft in a difficult environment and reduce the environmental impact of conventional 

aircraft operations or add to the safety when other non-aircraft related methods prove 

hazardous or risky. In addition, the small, lightweight, and easily controllable operating 

characteristics of the sUASs’ provide for safe operations over site locations. 

Additionally, no national security or privacy concern issues are raised by the grant of the 

requested exemptions due to the sUAS small size, as well as its operational limitations, 

operational guidelines, and absence of flammable fuel. On the other hand, the sUAS is likely 

to enhance national security through better and more accurate monitoring of critical national 

infrastructure. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Appendix A: 

 

DJI Phantom 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_

Manual_v1.4_en.pdf 

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safet

y_Guidelines_en.pdf 

 

DJI Inspire 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.

pdf 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.p

df 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV

1.0_en.pdf 

DJI Matrice 

 

http://download.djiinnovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.4_en.p

df 

http://download.djiinnovations.com/downloads/dev/Matrice/en/M100_Disclaimer_and_Safety_

Guidelines_en.pdf 

 

DJI S-1000+ 

http://download.djiinnovations.com/downloads/s1000_plus/en/S1000_Plus_User_Manual_v1.2_

en.pdf 

 

 

 

 

 

 

 

 

 

 

 
Appendix B:

1. Operations will be conducted with aircraft weighing less than 55 pounds including 

payload. 

2. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). 

The exemption holder may use either groundspeed or calibrated airspeed to 

determine compliance with the 87 knot speed restriction. In no case will the UA be 

operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. 

3. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other 

than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate or U.S. driver’s license. 

5. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times. The 

PIC must be designated before the flight and cannot transfer his or her designation 

for the duration of the flight. The PIC must ensure that the VO can perform the 

duties required of the VO. 

6. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating 

documents, 

7. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical component, 

must undergo a functional test flight prior to conducting further operations under 

this exemption. Functional test flights may only be conducted by a PIC with a VO 

and must remain at least 500 feet from other people. The functional test flight must 

be conducted in such a manner so as to not pose an undue hazard to persons and 

property. 

8. The operator is responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation. 

9. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. 
10. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

11. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

12. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

13. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. 

During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC must operate the 

UA with appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119. 

14. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized. 

15. The UA may not operate within 5 nautical miles of an airport reference point (ARP) 

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

16. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

17. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

19. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the 

reserve power recommended by the manufacturer if greater. 
20. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

21. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings 

must be as large as practicable. 

22. Documents used by the operator to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law 

enforcement official upon request. 

23. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

24. The UAS may not be operated by the PIC from any moving device or vehicle. 

25. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

1. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and 

2. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

26. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

27. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents 

must be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov.