DRONE AIR IMAGERY, LLC - SECTION 333 EXEMPTION REQUEST Page 1 of 3

November 18, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS) 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir or Madam

On Behalf of., Drone Air Imagery, LLC., and Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11, I Gary Parker, President and CEO, am seeking an exemption 

from Part 21 Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 

91.119, 91.121, 91.151, and (91.401 - 91.417) Subpart E, of Title 14, Code of Federal Regulations (14 

CFR). This proposed exemption would allow for the operation of our unmanned aircraft (UA): 

3DRobotics X8+

THE UNMANNED AIRCRAFT (UA):

 The UA is lightweight (under 55lb. gross weight), battery operated multi-rotor copter that takes

off and land vertically and has the ability to hover in one location during flight. 

THE UA INCLUDES:

 An on-board flight computer with GPS navigation and location ability that receives signals for flight 

control from a ground-based transmitter/controller.

 An on-board camera or sensor package used to document physical and/or environmental 

conditions of structures and the natural environment. 

 An on-board telemetry system that delivers flight data from the on-board flight computer to the 

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site.

 A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all 

the flight data from the telemetry system described above.

THE GROUND STATION PART OF THE SYSTEM:

 A Pilot in Command (PIC) in operational control of a mission from beginning to end, and who 

controls the UA while in the air.

 A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight.

 Ground Station (computer, tablet or smart phone based app) which receives and displays video 

and system telemetry real time from the UA.

 A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA while 

in flight.
DRONE AIR IMAGERY, LLC - SECTION 333 EXEMPTION REQUEST Page 2 of 3

PILOT IN COMMAND (PIC) AND VISUAL OBSERVER (VO):

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a 

course of maintenance instruction as part of their initial training.

I submit that the combination of the UA’s light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in 8900.227, and under all of the 

Restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or 

greater level of safety than manned aircraft performing the same mission.

INTENDED USE / PUBLIC GOOD: 14 CFR § 11.81(d)

The requested exemption would allow us to use the UA for aerial image acquisition to support various 

mapping and surveying applications as well as video documentation for the public good. Typical 

applications would include, but are not limited to: 

 Real Estate Photography

 Travel and Tourism Photography

 Aerial Mapping 

 Infrastructure Inspections

 Construction Site Monitoring

The inherent ability of the UA to capture imagery from a low altitude including oblique photos and video 

from several angles is far more effective than ground-based imagery for displaying the characteristics of 

buildings, sites and properties, areas where consistent monitoring is needed. Further, UA’s can access 

locations not accessible to conventional aircraft due to their own flight restrictions. The applicant serves 

the local population capturing event photography to support tourism and outreach. The applicant has also 

been asked to produce maps from aerial imagery that public entities use for promotion of new 

development within the community. These images and other products produced from my UA are used to 

better the local economy and promote local business. 

PUBLIC SAFETY:

UA’s are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel; they operate at lower altitudes (under 400’) with no people on board 

thereby reducing current risk levels and enhancing public safety. With a small payload and maximum flight 

time of approximately 20 minutes. UA’s offer little or no risk to national security due to their size, payload 

capacity and flight duration. 

3DRobotics models have their own built in failsafe functionality which will cause the UA to return to its 

take-off location and land before the battery becomes empty, or the system loses communication.
DRONE AIR IMAGERY, LLC - SECTION 333 EXEMPTION REQUEST Page 3 of 3

SUMMARY GRANT REQUEST:

This request follows many others using similar systems and process that have been granted previously. I 

am requesting the FAA issue a summary grant of exemption as this request would not set a precedent.

 The reasons stated by the FAA for granting Exemption Nos. 13207, 13004, 12557, 12369, 12366 

and 12026 also apply to this request.

 A grant of exemption would be in the public interest (See above).

THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may be found 

together with a proposed equivalent level of safety for each regulation:

- 14 CFR Part 21 Subpart H Addendum Page 1

- 14 CFR 91.203 (a) (1) Addendum Page 1

- 14 CFR 45.23 (b) Addendum Page 1

- 14 CFR 91.7 (a) Addendum Page 2

- 14 CFR 91.9 Addendum Page 2

- 14 CFR 61.113, 61.133 Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 Addendum Page 3

- 14 CFR 91.151 Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) Addendum Page 4

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) Addendum Page 4

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact us at any time if you require additional information or clarification. I am the primary 

point of contact for this request and look forward to working with your office.

Sincerely, 

Gary Parker

Phone: 512-508-4628

Email: gary@droneairimagery.com

Addendum Containing Exemption Requests and Equivalent Level of Safety

Appendix A – Flight Operations/Procedures

Appendix B – User’s Manuals
DRONE AIR IMAGERY, LLC - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 1 of 4

ADDENDUM

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

I, Gary Parker, request an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operations of the 3DRobotics X8+

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1)

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 UA to be utilized by the Petitioner, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA 

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 UA. In all cases, an analysis of these criteria demonstrates that the UA 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. The UA to be operated 

hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the Operator and will also remain within the requirements of, and in compliance with, 

local public safety requirements. These safety enhancements, which already apply to civil aircraft provide 

a greater degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UA due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.

14 C.F.R. 45.23 (b). Marking of the Aircraft

The regulation requires; When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the UA will have no airworthiness certificate, an exemption may be needed as the UA will 

have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. 

Given the size of the UA, two-inch lettering will be impossible. 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167A.
DRONE AIR IMAGERY, LLC - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 2 of 4

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained herein for the use of safety check lists prior to each flight, an equivalent level of 

safety will be provided.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that current, approved 

UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station 

anytime the aircraft is in, or preparing for, flight. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot

privileges and limitations.

The regulation provides 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; and (2) The aircraft does not carry passengers or property for compensation or

hire. 

Our proposed operations require that the PIC must either

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 5 hours of flight 

experience in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in 

which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA

Private Pilot written examination." Since there are currently no means available for the pilot

of a UA to gain the experience in an equivalent category and classin order to apply for a private 

pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to 

complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private Pilot 

written examination in addition to completing the private pilot requirements. Since the aircraft 

cannot carry passengers or property, we feel that we meet the intent of 61.113 Subparagraph 

(b) even though the intent of this application is to conduct a business.
DRONE AIR IMAGERY, LLC - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 3 of 4

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

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

unless that aircraft has fully functioning dual controls."

The UA’s ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the single set

of controls simultaneously. With both student and instructor having "hands-on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400

feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety The UA’s will not be operated over congested areas or

over any open air assembly of persons without prior approval. Any property owner affected will be 

briefed on the expected route of flight and the associated risks to persons and property on the ground.

The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. Therefore, we maintain that due to the 

small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned

aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter Settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting

available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the UA’S on-board computer to the display screen held by the PIC,

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 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.

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

Each UA is battery operated and the maximum duration of flight from a single battery charge is 22 

minutes with a 20% reserve. Since the aircraft will never fly more than 3⁄4 NM from the point of intended

landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations 
DRONE AIR IMAGERY, LLC - EXEMPTION REQUEST AND LEVEL OF SAFETY Page 4 of 4

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

airworthy condition, including compliance with Part 39 and 43. Paragraphs 91.407 and 91.409 require

that the aircraft be "approved forreturn to service by a person authorized under 43.7" after maintenance

and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC 

will ensure that the aircraft is in an airworthy condition prior to every flight. Maintenance performed by

the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be performed by

the manufacturer or their designated repair facility. The PIC will document work performed in accordance

with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure

an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under Part 67 in order to perform as a pilot or observer.

The UA’s maximum gross weight are each less than 55lbs., are constructed primarily of, plastic and 

carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the

unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the 

UA will return autonomously to the site of launching and land without crew intervention. Therefore, 

requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying passengers

in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to

20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and 

VO see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle. 
DRONE AIR IMAGERY, LLC – APPENDIX A– FLIGHT OPERTIONS/PROCEDURES

APPENDIX A – FLIGHT OPERATIONS/PROCEDURES

The UA will be operated under the following flight restrictions. 

OPERATIONAL FLIGHT RESTRICTIONS

The UA will be operated in the field with both a PIC and a VO in accordance with and with the following 

Restrictions:

 All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of 

no more than 25 knots and no further than 3/4 NM from the PIC;

 All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

by voice at all times during a flight operation;

 The PIC must have accumulated and logged, in a manner consistent with 14 CFR §61.51 (b), 10

hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a UA pilot with a similar 

UA type;

 The UA will not be operated over densely populated areas; without prior approval;

 The UA will not be operated over any open-air assembly of people; without prior approval;

 The UA will not be operated within 5 NM of an airport or heliport; without prior approval;

 Operations will be restricted to day only and weather conditions equivalent to VFR; 

 The PIC will brief the VO and property owner about the operation and risk before operation;

 No flight will be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight.

PRE-FLIGHT CHECKLIST

Prior to operation preflight checklists provided by the manufacturer of the UA’s will be followed. Below 

is such an example. 

1. Remote Controller, Batteries, Range Extender and smartphone/tablet are fully charged.

2. Propellers are mounted correctly.

3. Damping absorbers are in good condition, not broken or worn.

4. Camera lens cap has been removed.

5. Memory/Storage card has been inserted if necessary.

6. Gimbal is functioning as normal.

7. Motors can start and are functioning as normal.

8. Smartphone/tablet can connect and communicate with UA and/or payload.

TAKE OFF/LANDING PROCEDURES

Manufacturer recommended Takeoff and Landing procedures will be followed. The following is an 

example of such procedures: 

Place the UA on ground with the battery level indicator facing you.

1. Power on base station.

2. Power on the remote controller.

3. Power on the payload (Camera/Sensor Package).
DRONE AIR IMAGERY, LLC – APPENDIX A– FLIGHT OPERTIONS/PROCEDURES

4. Power on the aircraft.

5. Connect the base station to the UA.

6. Ensure the base station is communicating/receiving data from the UA and payload. 

7. Confirm GPS satellite lock.

8. Push the throttle stick up slowly to lift the aircraft off the ground. 

9. Verify remote controller and UA are operating normally. 

10. Proceed with mission.

11. When landing, be sure to be hovering over a level surface. 

12. Pull down on the throttle stick gently to descend and land.

13. After landing the aircraft on the ground, keep the throttle stick at its lowest position until 

the motors stop. 

FAILSAFE FUNCTION

The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight control 

system will automatically control the aircraft to return to home and land to reduce injuries or damage. 

The following situations would make the aircraft fail to receive a signal from the remote controller and 

enter Failsafe mode:

1. If the drone loses GPS signal in a flight mode that requires GPS (loiter, auto, return-to-launch, 

guided), it lands automatically, as indicated by a blinking blue-and-yellow status LED and a highhigh-high-low tone. For best GPS-signal strength, always fly outside in an open area.

2. If the drone loses contact with the RC transmitter, it lands automatically, as indicated by a 

blinking yellow status LED. If it loses RC signal during a mission, it returns to the launch point 

before landing.

3. If the battery reaches 25% charge, the drone lands automatically, as indicated by a blinking 

yellow status LED and a quick repeating tone. If the battery runs low during a mission, the drone 

returns to the launch point before landing.
DRONE AIR IMAGERY, LLC – APPENDIX B– USERS MANUAL

APPENDIX B – USER’S MANUAL 3DRobotics X8+

The current User’s Manual for the 3DRobotics X8+ can be downloaded via the following link. 

Drone Air Imagery, LLC’s, intends to keep a copy of the User’s Manual with the UA at all times. 

3DRobotics X8+ User’s Manual

Upon request these will be provided