Total Air Group

Section 333 Exemption Petition

Dear Sir/Madam, 

Referencing the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, Total Air Group (a.k.a. TAG), an owner and operator of small unmanned aircraft systems 

(sUASs), requests to be exempted from the Federal Aviation Regulations (FARs) listed below so that it 

may safely and legally operate small ultra lightweight unmanned aircraft systems (sUASs) in the national 

airspace (NAS) regulated by the Federal Aviation Administration (FAA). Following exemption and 

approval by the FAA, TAG will be responsible for the Pilot in Command (PIC) of a professionally built, 

camera-equipped DJI Phantom 2 Vision + sUAS for the following applications: creating of real-estate 

listing videos, educational videos, property inspections for private and public entities including federal,

state, and local agencies, provided that such operations are conducted within and under the conditions 

outlined or as may be established by the FAA as required by Section 333. 

Granting exemption to TAG would permit the above specified operations of ultra lightweight sUASs in 

the NAS with limited, tightly controlled, predetermined flight plans which would always consider the 

safety of the mission, property and persons in the area. Granting a request for TAG complies with the 

Secretary of Transportation’s (FAA Administrator’s) instructions to integrate sUASs into the national 

airspace system, as well as to “...establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act. TAG will ensure 

enhanced public safety by conducting operations in compliance with the specific safety protocols and 

regulations established by the FAA and listed in the following document. Integrating sUASs into the NAS 

will increase awareness to the benefits of the sUAS industry. Increased awareness and education will 

emphasize the positive role the sUAS industry can play in local communities while increasing safety.

1) Contact information:

Total Air Group, a.k.a. TAG

2465 Winchester Rd, Hangar 14

Memphis, TN 38116

901-396-9707

2) The Specific Sections of Title 14 of the Code of Federal Regulations From Which Total Air Group 

Requests Exemption are: 

14 C.F.R. 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 

C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) 

& (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)
3) The Extent of relief Total Air Group Seeks and the Reason Seeking Such Relief: 

This exemption application is submitted on behalf of TAG in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent TAG commercial and 

other flight operations within the NAS. The Reform Act in Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. 

TAG will be operating ultra lightweight sUASs that meet the definition of “small unmanned aircraft” as 

defined in Section 331.

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 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 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 as stated in this document. The sUAS to 

be operated hereunder is 55 lbs. or less fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels. All operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with 

local public safety requirements to provide security for the area. The same criteria demonstrates that 

there is no credible threat to national security posed by the sUAS 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 sUAS will have no airworthiness certificate, an exemption 

may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the 

word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent 

level of safety will be provided by having the sUAS marked on its fuselage as required by §45.29 (f) 

where anyone working with the sUAS will see the identification of the sUAS marked as “Experimental”. 
14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 

(a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current operations by 

requiring the PIC operating the aircraft to demonstrate that he/she has been sufficiently trained by 

company personnel and found competent to operate the sUAS in a manner that is consistent with the 

manufacturer’s manual and safety procedures. TAG will maintain flight logs of all PICs it employs, and 

provide them for inspection upon request to the FAA regarding the logs and records of these PICs. The 

PIC designated for any operation will hold valid Driver’s License. The risks associated with the operation 

of the sUAS are so minute in comparison with commercial operations contemplated by Part 61 that 

allowing operations of the sUAS by a PIC meeting the standards of Total Air Group exceeds the present 

level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). The sUAS is a remotely controlled aircraft and 

does not carry anyone on board. The area of operation is controlled and all flights are planned and 

coordinated in advance. Currently there are no pilot licenses that are specific for UAS operators, and no 

current FAA sanctioned pilot license of any type requires training with, and knowledge of, UAS 

equipment greater than the requirements TAG uses to certify its PICs. Therefore, the requirement of any 

available FAA sanctioned pilot license to operate a sUAS does not make a PIC a more competent 

operator than one meeting the requirements of Total Air Group. 

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness. This 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 the exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. An equivalent level of safety will be provided by following the manufacturer’s 

recommendation for maintenance and pre-flight inspection of the sUAS will be conducted prior to each 

flight to ensure safe operation.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No 

person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight 

Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. Given the small size of the sUAS, it has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the PIC flying the sUAS will have immediate 

access to it.

14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take certain 

actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing 

weather, flight battery requirements, potential existing hazards, and aircraft performance data before 

beginning the flight.

14 C.F.R. § 91.109: Flight instruction. Section 91.109 provides that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. The sUASs are remotely piloted aircraft and by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a remote control that 

communicates with the aircraft via radio communications. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, and by the size and speed of the aircraft.
14 C.F.R. § 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of 

civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 500 feet AGL, an exemption may be needed to allow such 

operations. TAG will never operate the sUAS at higher than 500 feet AGL with the exception that in 

circumstances where the sUAS is used to survey or photograph a structure whose height exceeds 500 

feet AGL, the sUAS will not be operated more than 100 feet above the highest point on the structure. It 

will be operated in a controlled environment where buildings and people will not be exposed to 

operations without their consent. The equivalent level of safety will be achieved given the size, weight, 

and speed of the sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or representative. The property owner or representative and all 

affected individuals will be aware of the planned flight operations. Compared to flight operations with 

conventional aircraft weighting far more than the maximum 55 lbs. and the lack of flammable fuel, any 

risk associated with these operations is far less than those presently presented with conventional 

aircraft. In addition, the low-altitude operations of the sUAS will ensure separation between these small 

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 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.” The sUAS does not have a 

barometric altimeter but uses a GPS altitude read out instead so an exemption may be needed. An 

equivalent level of safety will be achieved by the operator via live flight data monitoring and 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 Section 91.151 (a) prohibits an 

individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, 

assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides no more than 20 

minutes of powered flight. 14 C.F.R. § 91.151, sUAS flights would not be possible due to the reserve 

requirement being greater than the maximum flight time. This particular sUAS is equipped with a 

failsafe mode that activates when the battery reaches a critical level of 15%. At this point, it will 

automatically descend and land. Due to its size and operational limitations, it does not pose a threat to 

safety for persons or property below. TAG will terminate flight operations at a battery level of no less 

than 20% in order to land the sUAS under the control of the PIC.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration. The regulation 

provides: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following: (1) An appropriate and current airworthiness certificate. (b) 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. The sUAS fully loaded weighs no more than 55 lbs. and is operated by remote 

control. As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to them; to the 

extent they are applicable to the sUAS. 
14 C.F.R. § 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance Inspections. These regulations 

require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E 

of this part and shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to 

aircraft with an airworthiness certificate, these sections will not apply. Maintenance and inspections will 

be done in accordance with the sUAS Manufacturer's Manual, and will be performed by employees of 

Total Air Group following the guidelines and practices provided by the sUAS manufacturer. 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 small periods of time. If mechanical issues 

arise the sUAS can land immediately and will be operating from no higher than 500 feet AGL. The PIC 

will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. The PIC will be the one most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

4. Reasons Why Total Air Group Exemption Will Not Adversely Affect Safety Or How The Exemption 

Will Provide a Level of Safety At Least Equal To Existing Rule: TAG requests the exemption apply to civil 

aircraft that have the characteristics and that operate with the limitations as listed. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations are conducted in limited areas with 

predetermined flight paths and under the permission of the property owner(s) or property 

representative. The conditions which TAG agrees to maintain when conducting commercial operations 

under an FAA issued exemption include: 

 The sUAS including any payload will weigh no more than 55 lbs. 

 Flights will be operated within line of sight of the pilot in command (PIC) or another observer.

 Maximum total flight time for each operational flight will be 20 minutes or 80% battery power.

 Flights will be operated at an altitude of no more than 500 feet AGL. If a structure being inspected or 

photographed has a height which exceeds 500 feet AGL, the sUAS will not exceed 100 feet in height 

above the highest point on that structure. 

 Minimum crew for each operation will consist of the sUAS PIC. A second observer will be used if it is 

determined by the PIC that a potential risk exists that would necessitate an additional margin of 

safety. 

 sUAS Pilot will be the Pilot in Command (PIC). The PIC will have demonstrated competency in 

maneuvering and safe operation of the aircraft as well as situational awareness and preflight 

planning. 

 TAG will maintain sUAS flight logs of all PICs it employs.

 All personnel involved with each flight will be given a preflight briefing to include the nature of the 

flight, expected outcome, and any safety information deemed pertinent by the PIC.

 PIC and observer will be trained in the operation of the specific sUAS equipment used by TAG and 

receive up-to-date information on the particular sUAS to be operated. 

 The PIC designated for any operation will have a valid Driver’s License. 

 PIC and observer will at all times be able to communicate by phone, voice, or radio. 

 Written and/or oral permission from the property owners or representatives will be obtained. 

 All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate government agencies. 

 If the sUAS loses communication with the PIC or loses its GPS signal, the sUAS will have the 

capability to return to a pre-determined location and land by itself. 
This exemption application is submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of 

the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the rule 

making required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: 

1) The UAS’s size, weight, speed, and operational capability;

2) Operation of the UAS in close proximity to airports and populated areas

3) Operation of the UAS within visual line of sight of the operator

If the Secretary determines that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. § 333 (c) The Federal Aviation Act grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, which includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may 

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this 

section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public 

interest. Total Air Group operates a sUAS quadcopter rotorcraft, weighing 50 lbs. or less including 

payload. It operates, under normal conditions at a speed of no more than 15 meters per second and has

the capability to hover, and move in the vertical and horizontal plane simultaneously. It will operate only 

in line of sight and will operate only within a predetermined area under the permission of the property 

owner(s) or representative. Each operation will ensure that the sUASs will “not create a hazard to users 

of the national airspace system or the public” as per the Reform Act Section 333 (b). Given the small size 

of the sUAS involved and the restricted environment where it will operate, the applicant falls within that 

zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs. Also due to the size of the sUAS and the restricted 

areas in which it will operate, approval of the application presents no national security issue. Given the 

clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the 

equivalent level of safety surrounding the proposed operations, the significant public benefit and

enhanced safety, the grant of the requested exemptions is in the public interest. For these reasons,

Total Air Group respectfully requests that the FAA grant the requested exemption.

5. How granting Total Air Group Exemption will Benefit Public as a Whole. When operated responsibly, 

unmanned aircraft systems pose significantly less threat to persons and property than traditional 

manned aircraft due to their size, operational limitations, and lack of combustible material onboard. 

Congress has already made known that it is in the public’s best interest to integrate commercially flown 

sUASs into the NAS. The economic potential of these types of operations is limited only by the 

imagination. Further development of the sUAS industry is dependent upon safe integration into the 

NAS. TAG intends to operate responsibly and lead by example in this developing industry in order to 

maintain the safest national airspace system in the world.

6. The following summary is provided for publication in the Federal Register.
Total Air Group, a.k.a. TAG, seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 

C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & (b); 91.7 (a); 91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91.121; 

91.151(a); 91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b) 

in order to operate commercially a small unmanned vehicle (55 lbs. or less) in commercial operations.

TAG is seeking 333 exemption for the following purposes, but not limited to creating of real-estate 

listing videos, educational videos, property inspections for private and public entities including federal, 

state, and local agencies. The sUASs will carry no passengers or crew and, therefore, will not expose 

them to the risks associated with manned aircraft flights. The operation of small UASs, weighing less 

than 55 lbs., conducted in the parameters listed above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a controlled environment resulting. The result is safer than 

conventional operations conducted with conventional aircraft operating in close proximity to the ground 

and people. All flights will occur over private or controlled access property with the property owner’s or 

its representative’s prior consent and knowledge. All flights will occur in accordance with any federal,

state, or local laws regarding privacy. Satisfaction of the criteria provided in Section 333 of the Reform 

Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than adequate justification for 

the grant of the requested exemptions allowing commercial operation of the sUAS equipment.

7. Request for operations outside of the United States: Total Air Group has no intention of operating a 

sUAS outside the United States.

sUAS Description
Manufacturer: DJI Industries

Model: Phantom 2 Vision + 

AIRCRAFT SPECS

Supported Battery: DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included) 1242g

Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tiltable Angle 35°

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s (Not Recommended)

Diagonal motor-motor distance 350mm

RANGE EXTENDER SPECS

Operating Frequency 2412-2462MHz

Communication Distance (open area) 500-700m

Transmitter Power 20dBm

Power Consumption 2W

REMOTE CONTROL SPECS

Operating Frequency 5.728 GHz-5.85 GHz

Communication Distance (open area) CE Compliance: 400m; FCC Compliance: 800m

Receiver Sensitivity (1%PER) -93dBm

Transmitter Power CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage 120 mA@3.7V

Built-in LiPo Battery Working Current/Capacity 3.7V, 2000mAh