TRUE SPATIAL, LLC

 

Date: August 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave S.E.

Washington, D.C. 20590

Re: PETITION OF TRUE SPATIAL, LLC., FOR EXEMPTION FROM CERTAIN 

REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

2012

Dear Sir or Madam:

Pursuant to the FAA’s Guidelines for Submitting a Petition for Exemption under Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA), True Spatial, LLC seeks 

exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4) & (e)(5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)

(1) & (a)(2), and 91.417(a) & (b) and certain parts of §§ 45.23, 45.27 and 45.29. This exemption 

will permit True Spatial, LLC to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial assessments, remote sensing and photogrammetry 

within the National Airspace System (NAS). 

THE PETITIONER 

True Spatial, LLC, headquartered in Austin, Texas, is a consulting firm specializing in 

Geographic Information Systems (GIS), precision Global Positioning System (GPS) field data 

collection, geospatial analysis, Three-Dimensional (3D) visualizations, and remote sensing. With 

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more than 15 years of experience, True Spatial, LLC provides expert cartographic analysis used 

in environmental litigation, real estate transaction support, engineering design, and construction 

support services to a broad range of commercial/industrial, oil and gas, legal, and real estate 

clients. True Spatial, LLC core values include quality, integrity, and importantly workplace 

behavior-based safety. As such, the Principal possesses current Occupational Safety and Health 

Administration (OSHA) 29 CFR 1910.120 (e)(3)(i) certification, basic First Aid, AED and CPR 

training. 

True Spatial, LLC will utilize the DJI S900 and 3DR X8-M UAS to commercially 

provide professional geospatial data collection, photogrammetry and remote sensing capabilities 

including but limited to Thermal Imaging, Normalized Difference Vegetation Index (NDVI) data 

capture, Visible Spectrum Aerial Photography, and Digital Terrain and Surface Modeling. 

Leveraging the capabilities of the DJI S900 and 3DR X8-M, True Spatial, LLC will be able to 

perform safe, efficient, high quality aerial missions to support business operations and research.

THE UNMANNED AIRCRAFT SYSTEMS

True Spatial, LLC (“True Spatial”) seeks an exemption to operation the DJI S900 and 

3DR X8-M UAS for compensation or hire within the National Airspace System (“NAS”).

DJI S900

The DJI S900 is a lightweight (weighing approximately 3.3kg,) vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) radio remote controlled unmanned hexarotor craft 

manufactured by Da-Jiang Innovations Science and Technology Co., Ltd. The frame, landing 

gear, and rotor arms are constructed out of carbon fiber and high strength engineered plastics. It 

has six motors, GPS, fully autonomous autopilot capabilities, telemetry, and manual ground 

control as well as integrated safety features designed to ensure the safety of persons and property 

within and surrounding the limited operating area. In the event it should lose communications or 

its GPS signal, the UA has the capability to return to a previously designated safe location within 

the operating area to land and to abort a flight in the event of emergencies. Each of the six rotors 

are driven by electric motors powered by a Lithium Polymer battery and regulated by 

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electronically speed controllers. The maximum takeoff weight is 8.2kg which includes a typical 

payload consisting of a digital camera and image stabilization gimbal. Speed, height and distance 

limits can be programmed into the DJI S900’s flight controller hardware. Typical flight times 

range from 18 to 27 minutes depending on payload and battery configuration. Maximum ascent 

speed is approximately 11 knots and 31 knots flight speed without payload.

3DR X8-M

The 3DR X8-M is manufactured by 3D Robotics, an American company headquartered 

in Berkley, California. The 3DR X8-M is a VTOL UA designed specifically for autonomous 

aerial missions at low altitudes and at slow speeds. It weighs approximately 3.5kg and 4.1kg 

maximum gross weight with payload consisting of image stabilizing gimbal, battery, and digital 

camera. The UA is a coaxial quadcopter configuration equipped with GPS, telemetry, autopilot 

system, integrated safety features (e.g. return to home and audible alerts), radio remote control, 

and fully redundant propulsion system consisting of eight rotors for increased reliability. The 

3DR X8-M measures approximately 3.7 in x 20.1 in x 11.8 in.; and has a maximum speed of 

approximately 52 knots without payload (gimbal and optical camera or remote sensing device). 

The propulsion system consists of eight electric powered motors driven by a Lithium Polymer 

battery. The airframe is constructed out of aluminum and engineered high strength plastics and 

typical flights times are up to 14 minutes depending on environmental conditions.

The DJI S900 and 3DR X8-M operated solely by True Spatial will both be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. 

CONTACT INFORMATION 

In accordance with 14 C.F.R. § 11.81, True Spatial provides the following information in 

support of its petition for exemption: 

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REFERENCES

 The following FAA decisions reflect rulings in fact situations similar to those in 

True Spatial’s petition. Individual decisions will be cited in the relevant exemption request 

below.

Name and Address of the Petitioner:

True Spatial, LLC

4301 W. William Cannon Dr., 

STE B-150 (176)

Austin, Texas 78749 

info@truespatial.com

Point of Contact for this Petition:

Jo Wiginton

Attorney for Petitioner

7918 Wheel Rim Circle

Austin, Texas 78749

jojimw74@gmail.com

Tel: (713) 824-7187

Company Exemption No. Date

Astraeus Aerial No. 11062 09/25/2014

Clayco Inc No. 11109 12/10/2014

VDOS Global, LLC No. 11112 12/20/2014

Advanced Aviation Solutions No. 11136 01/15/2015

Douglas Trudeau No.11138 01/05/2015

Aeryon Labs No. 11213 05/12/2015

US Drone Aviation No. 11855 06/18/2015

Montana Aerial Solutions No. 11861 06/23/2015 

RS&H Inc No. 11772 06/08/2015

Evil Penguin Films No. 11952 06/30/2015

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EXEMPTIONS REQUESTED

61.23 (a) & (c) The Pilot in Command (“PIC”) will hold a current FAA Airman’s medical 

certificate or a valid state-issued U.S. driver’s license as required by the relevant FAA regulation.

See Exemption No’s. 11213, 11722, 11855, 11861, 11952

61.101(e)(4), (61.113(a), 61.315(a) The PIC for all operations under this exemption will 

have a US Airman’s Certificate for a Sport Pilot or higher and will meet all applicable flight-time 

and currency requirements. True Spatial requests an exemption from the prohibitions against 

sport, private or recreational pilots operating an aircraft for compensation or hire because True 

Spatial will ensure an equivalent level of safety by requiring all PICs to comply with all flight 

time and currency requirements and to demonstrate the ability to operate the UAS safely in a 

manner consistent with operation standards set forth in this application, including executing 

evasive and emergency maneuvers and maintaining appropriate distances from persons and 

structures. 

See Exemption No’s 11213, 11722, 11855, 11861, and 11952

91.7 14 CFR Part 21, Subpart H provides that a craft such as the DJI S900 the 3DRXM8 do not require an Airworthiness Certificate. Therefore, True Spatial requests and exemption 

from section 91.7 to the extent that it be allowed to make its own determination that the craft is 

in airworthy condition provided that it is in compliance with the DJI S900 User Manual and the 

3DR X8-M Manual (“the Operating Documents”).

See Exemption No’s 11136, 11138, 11861 (3D Robotics X8-M), 11452 (DJI S900), 

11952, 11062

91.119(c) True Spatial requests an exemption from the requirement that operations not be 

conducted closer than 500 feet from the ground or within 500 feet of persons or objects. The 

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essential mission of True Spatial is to collect data relating to structures, real estate and 

environmental conditions at close range to ensure accuracy and detail, which requires it to fly 

lower than 500 feet above ground level and closer than 500 feet to the persons and structures it is 

photographing. True Spatial will operate its UAS at a maximum altitude of 400 feet and will 

only conduct operations over property or persons where permission has been obtained 

beforehand and careful pre-planning, including erecting barriers or barricades if necessary, has 

been carried out. The aircraft will be operated in conformity with all safety procedures set out in 

the Operating Documents, and in the unlikely event that a power unit should fail, the low altitude 

and the small size of the UAS will minimize the hazards to persons and structures as compared 

to larger, heavier manned aircraft.

See Exemption No’s 11111, 11138, 11213, 11722, 11855, and 11952

91.121 True Spatial requests an exemption from the requirement that the UAS must 

maintain cruising altitudes by reference to altimeter settings because the UAS do not have an 

altimeter but rather use electronic GPS with a barometric sensor for altitude information.

See Exemption No’s 11062, 11138, 11855, and 11866

91.151 True Spatial requests an exemption from the requirement that the UAS carry 

enough fuel to fly for at least 30 minutes beyond the first intended landing point. The DJI S900 

and 3DR X8-M UAS are battery powered with flight times ranging on a full charge from up to 

27 minutes and up to 14 minutes respectively depending on environmental conditions and 

normal cruising speed. This will allow the DJI S900 to fly up to 22 minutes and will allow the 

3DR X8-M to fly up to 9 minutes to the first landing point and for 5 minutes thereafter.

True Spatial will operate the UAS only during the daytime in Visual Meteorological 

Conditions and in accordance with the procedures and limitations prescribed in the documents 

and by the Visual Flight Rules, will ensure that no original destination will require more than 5 

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minutes to access, and will immediately initiate landing procedures if battery power falls below 

30%. 

See Exemption No’s. 11062, 11112, 11213, 11952

91.405(a), 91.407(a), 91.409(a)(1) &(2), 91.417(a) & (b) True Spatial requests an 

exemption from the maintenance and inspection requirements above. These rules apply to 

aircraft that require an Airworthiness Certificate; the UAS subject to this petition are exempt 

from this requirement. True Spatial will perform all inspections, alterations, maintenance and 

preventive maintenance on the UAS in accordance with the Operating Documents and will 

inspect the UAS before each flight to ensure that they are in a condition for safe flight before 

commencing any operations. True Spatial’s PIC will maintain all Operating Documents and other 

required records on the ground during any flight as the UAS are too small to carry them aboard.

See Exemption No’s 11112, 11138, 111213, 11224, 11772, and 11952

14 CFR 45 Subpart C: True Spatial will register the UASs in accordance with 14 CFR 

47d. Because the UAS are small and unmanned, True Spatial requests an exemption from certain 

requirements of 14 CFR 45.23, 45.27 and 45.29 to the extent that compliance is not possible 

because of the size and nature of the UAS; however, True Spatial will display ID markings (Nnumber) as large as is practicable in accordance with 14 CFR 45.29.

See Exemption No’s 11109, and 11138. 

PUBLIC PURPOSE

Use of the DJI S900 and 3DR X8-M UA by True Spatial will be in the Public Interest 

because it is safer than using manned aircraft with pilots and flight crews to provide these 

services; it is less expensive than use of manned aircraft to True Spatial’s clients, and it will 

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enable efficient collection of accurate aerial data to assist in planning, scoping, permitting, and 

evaluating processes associated with informed decision making.

The FAA has previously found that the operation of UAS for the purposes set out in this 

petition are in the public interest due to increased public safety, mitigation of congestion in the 

NAS, reduction of emissions and other environmental impacts, improvement of inspections and 

monitoring, and reduction of costs for a multitude of scientific and engineering applications.

See Exemption No’s 11062, 11112, 11136, 11213, 11772, and 11952

SAFETY

The DJI S900 and 3DR X8-M UAS subject to this petition are small and lightweight, will 

be operated in strict compliance with the manufacturer’s instructions and safety requirements, 

and under controlled conditions in an airspace that pre-established and access controlled (“Sterile 

Environment”). The UA will operate only during daylight hours and within line of sight of a 

Visual Observer and the PIC. Given the small size of the subject UAS and the restricted Sterile 

Environment within which it will operate, True Spatial’s exemption falls within the zone of 

safety and demonstrates and equivalent level of safety in adherence with Congress’s 

authorization of the FAA to permit commercial UA operations by exemption pending the 

finalization of formal legislation, and presents no hazard to the National Aerospace System.

See Exemption No’s 11062, 11112, 11136, 11213, 11772, and 11952

PRIVACY

All flights will occur over private or controlled access property with the land owner or 

subject’s prior knowledge and consent.

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CONCLUSION

True Spatial, LLC seeks the exemptions described above in order to permit the safe 

operation of the DJI S900 and 3DR X8-M commercially, without an airworthiness certificate, for 

the limited purpose of conducting aerial acquisitions within the National Airspace System 

(NAS). By granting this Petition, the FAA Administrator will be fulfilling the Congressional 

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests 

of the public, by allowing True Spatial to safely, efficiently, and economically operate the DJI 

S900 and 3DR X8-M commercially within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, True Spatial, LLC. respectfully requests that the Administrator 

grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.23(a) & (c), 

61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), and from certain requirements of 14 CFR 

45.23, 45.27 and 45.29 in order to permit True Spatial, LLC to operate the DJI S900 and 3DR 

X8-M commercially for the purpose of conducting aerial acquisitions within the NAS.

Respectfully,

 ____________________________

 Jo Wiginton 

7918 Wheel Rim Circle 

 Austin, Texas 78749

 Tel: (713) 824-7187

 Attorney for Petitioner

Dated: August 13, 2015

Attachments:

Att. A: DJI S 900 User Manual. 3DR X-8M Operators Manual

Att. B: Summary for Publication in the Federal Register

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