U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 11295

and Code of Federal Regulations Title 14 Part 11, Brian Schultz Environmental Engineer for 

Douds Stone LLC; An operator of an Unmanned Aircraft System (hereafter referred to as UAS) 

for acquisition of aerial imagery for use in stockpile imagery and volumetrics in quarries, 

excavations, and mining operations; Hereby applies for an exemption from the Federal Aviation 

Regulations (hereafter referred to as FARs) to allow commercial operation of its UAS.

The “FARs” Brian Schultz Environmental Engineer for Douds Stone LLC seeks exemption from 

are as follow:

14 CFR 21

14 CFR 45.23

14 CFR 45.29

14 CFR 61.3

14 CFR 61.23

14 CFR 61.113(a)

14 CFR 61.113(b)

14 CFR 61.133(a)

14 CFR 91.7(a)

14 CFR 91.9

14 CFR 91.109(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203

14 CFR Subpart E 91.40191.417

Please see Appendix A for detailed explanation of each regulation from which an exemption is

sought and the equivalent level of safety proposed.

Petitioner Contact info:

Name: Brian Schultz

Company: Douds Stone LLC

Address: 14242 Terminal Ave Ottumwa IA 52501

Phone: (641) 683-1671

Email: brians@doudsstone.com

Background Information and proposed use:

Brian Schultz Environmental Engineer for Douds Stone LLC (hereafter referred to as Douds 

Stone LLC) is in possession of a DJI Phantom Vision 2 Plus. The UAS operated by Douds Stone 

LLC weighs less than 15 pounds, including the payload (i.e. camera, lens, and gimbal). It has a

maximum speed of 34MPH, can hover, and can simultaneously move vertically and horizontally.

Douds Stone LLC will primarily operate its UAS within the confines of the quarry/excavation

site/mine in areas deemed “Hard Hat and Protective Eyewear Only” for maximum safety. Douds 
Stone LLC will operate its UAS in line of sight only. Flights will be only be performed at the 

request of the site ownership.

The aircraft and its operation:

The UAS operated by Douds Stone LLC is a DJI Phantom 2 Vision Plus. This UAS has flight

control using a remote control operating the 5.7285.85GHz frequency in compliance with FCC

regulations. The range extender allowing the device to communicate to a smart device operates

within a frequency of 2.4122.462GHz in accordance with FCC regulations. At any time that 

communication is lost the UAS will return to its take off location at a height of approximately 50 

feet. The UAS locks onto multiple GPS satellites to establish a “home” position prior to flight.

All flights will be operated within line of sight by the pilot and observer. Maximum flight time of

each event will be limited to 15 minutes or less, this will leave approximately 30% of reserve

time on the UAS.

Preflight procedure will be as follows:

Power supply test of UAS, Controller, Range Extender and DJI application device (laptop)

Calibration of compass

Assessment of weather considerations

Assessment of Flight obstructions

GPS lock of no less than 6 satellites*

Link between controller and UAS

Link between application and UAS

*The applications used with the UAS, namely Agisoft and Ground Station have safety checklists

built into the software. Missions will not proceed unless all prerequisites have been met. All 

maintenance will be conducted in accordance with all manufacturer’s specifications. All

maintenance and repair/modifications will be logged in a permanent file for future reference. All

of the latest firmware will be updated as needed via the DJI software as well as controller

calibrations.

Proposed Use:

Flights will be well below the 400 feet AGL requirement. Douds Stone LLC will primarily

operate a UAS below 300 feet AGL due to the focal length and photographic overlap

requirements mandated by the stockpile volumetric software. Flights will always have a UAS 

operator and observer who will run the software from a laptop or tablet. UAS operation will not 

be commenced if within 5 miles of an airport which will ensure no danger to manned aircraft 

traffic. Quarries/excavation sites/mines are a unique environment because the operation area 

requires protective headgear and protective eyewear.

The risk to the public would be EXTREMELY low.

Public Interest:

Benefits to small family owned quarries

The use of the UAS would greatly benefit small privately owned quarries by bringing greater

accuracy in stockpile measurement; Increasing profitability and efficiency. Smaller quarries do

not have the budgets that multinational operations have. Large operations use LIDAR scanners 

for stockpile measurement. These devices range in price from $55,000 to $125,000 and have to be 

operated manually for accurate results. Small quarries do not have the budget or the manpower to 

perform similar inventory operations.

Using UAS based photogrammetry solutions has been proven to be as accurate at a fraction of the 

cost. **

** https://pix4d.com/wpcontent/uploads/2013/08/Article_UAVsurveyingforstockpiles.pdf

These benefits would also accrue to small excavation and mining companies for computing

volumes accurately and showing progress over time by overlaying the imagery on historical

satellite images.
Request for pilot’s license waiver:

Due to the very specific nature of this UAS application, the petitioner would ask for the

requirement for obtaining a private pilot’s license be waived. Operating the UAS under these

circumstances outlined in this application will “not create a hazard to users of the national

airspace system or the public.”

Brian Schultz Douds Stone LLC has flown for over 1 year and has an estimated 100 hours of 

flight time in type and has had no incidents or accidents. Brian Schultz Douds Stone LLC is in 

good medical health and sound mental health with no criminal record. If a waiver for pilot’s 

license cannot be granted; the petitioner requests consideration of at least a 120 day temporary 

airman certificate in accordance with 14 CFR 63.13, to allow Douds Stone LLC time to obtain a 

private pilot certificate or to allow the FAA time to establish minimum UAS airman certification 

standards.

Thank you for your consideration,

Brian Schultz 

Environmental Engineer 

Douds Stone LLC
Appendix A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Douds Stone LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the DJI Phantom Vision 2 Plus 

(hereafter referred to as UAS):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 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). Given the size of the UAS, it’s very

light weight 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 in order 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. An analysis of these different criteria demonstrates that 

the UAS operated without an airworthiness certificate, under the conditions proposed in that

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness

certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks These regulations 

provide that each aircraft must display "N" and the aircraft's registration number in letters at least 

3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at 

least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the 

UASs, this requirement is impossible to match.

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first class medical certificate:

• When exercising the pilot in command privileges of an airline transport pilot certificate;

• When exercising the second in command privileges of an airline transport pilot certificate in a

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121

of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second in command privileges of an airline transport pilot certificate in part 121 of this chapter

(other than operations specified in paragraph (a) (1) (ii) of this section) ; or

• Privileges of a commercial pilot certificate

Given the size of the UAS, its structure, the limited flight area, and the safety features integrated

in the autopilot (among others a flight termination system), Brian Schultz Douds Stone LLC 

believes that an Equivalent Level of Safety can be reached if the operator has a valid driver's 

license.
14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign

country, a pilot license issued by that country may be used. The regulation provides also that no

person that holds a private pilot certificate may act as pilot in command of an aircraft for

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

(3) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAS, Brian Schultz Douds Stone LLC proposes that operators of 

the UAS should not be required to hold a commercial or private pilot certification. The equivalent 

level of safety will be achieved by having an operator fly the UAS according to the flight manual, 

and using the integrated features of the aircraft to maintain a high level of safety during the 

different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 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 and limited operating area associated with the aircraft to 

be utilized by the 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 the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates 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.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in close 

proximity to the operator.

The equivalent level of safety will be provided by having the UAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

The equivalent level of safety during the inflight training will be achieved by the manufacturer or

affiliate providing the training as described in the manufacturer's training program and through

the use of experienced and qualified instructors familiar with the UAS.
14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests

authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area

with security perimeter, where buildings and people will not be exposed to operations without

their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as the location where it is operated. No flight will be taken without the permission of the property

owner or local officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the 

lack of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft.

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 is requested. An equivalent level of safety will 

be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under dayVFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. As the UASs are electric powered, this requirement is inapplicable. In 

any event, given the contemplated operations, Douds Stone LLC believes that an equivalent level 

of safety is already achieved with the specific procedure preventing the UASs accepting a takeoff

order if the battery level is below a given value. Moreover, the manufacturers have integrated low 

and critical battery level warnings and implemented a "return to home" action in these situations.

14 C.F.R. § 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 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. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the pilot flying the UAS 

will have immediate access to them, to the extent they are applicable to such 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 Subpart E (91.401 91.417):

Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 

91.409 require the aircraft to be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the

issuance of an airworthiness certificate. Section 91 A 17 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.
Douds Stone LLC proposes that the maintenance of the UASs will be accomplished by the owner 

or the operator according to the manufacturer's user manual. 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 herein. 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 

restricted 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. 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.