AXIS UAV

Owner: Geoff Dean

64 1⁄2 Beacon Bay

Newport Beach , CA 92660

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 

14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 

91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

July 14, 2015

Dear Sir or Madam:

This application is substantially based on the FAA's findings in Exemption No. 11991 (Regulatory Docket No. FAA–2015–

1492) granted to Direct Area Photo and Video on July 8, 2015, and in reliance on the analysis provided therein.

 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Geoff 

Dean, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of an UAS, so long as such operations are conducted within and under

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

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in

the following manner:

• Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, 

engineering and other related professional activities.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local 

government authority.

• Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

• Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has requested it by contract or 

donation.

As described fully below, the requested exemption would permit the operation of an UAS under controlled conditions in 

the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already 

safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements 

for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is: 

AXIS UAV

Attn: Geoff Dean , Owner/Chief Pilot

Email: axisuav@outlook.com

Address: 64 1⁄2 Beacon Bay, Newport Beach, CA 92660

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H
14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

AXIS UAV, will operate the DJI Phantom 3 Professional, with a total weight of 1280g or 2lbs 13 oz. The dimensions are 

40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. The maximum obtainable air speed is no more than 16m/s or 

35mph. The DJI Phantom 3 Professional has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 4480mAh 4s LiPo 

(Lithium Polymer) battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 3 Professional 

will be controlled with the C3 remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live video feed 

will have an operating frequency of 2.4GHz ISM with maximum range of 1.2 miles. The applicant will operate the UAS in 

line of sight within a closed off and predetermined area owned and/operated by the property representative.

DJI Phantom 3 Professional

GENERAL FEATURES

• 3-axis camera stabilization

• Precision flight and stable hovering

• GPS/GLONASS positioning & auto return home

• Onscreen real-time flight parameters

• High Definition 4k Camera

• Camera tilt control

TRANSMITTER

• Operating Frequency:2.400 GHz – 2.483 GHz

• Communication Distance (open area): CE: 2000m; FCC: 2000m

• Receiver Sensitivity (1%PER):-101dBm +/- 2dBm

• Transmitter Power: CE: 16dBm; FCC: 20dBm

• Working Voltage: 1.2A @ 7.4V

• Battery: 6000 mAh LiPo 2s

CAMERA

• Operating Environment Temperature: 32-104°F

• Max Resolution: 4096 x 2162p @ 24/25fps

• FOV: 94°/ 85°

• Sensor size: 1/2.3"

• HD Recording: 4k p 24/25fps / 720p 60fps

DJI VISION APP

• System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 4.0 or above

• Mobile Device Support: Recommended: iPhone4s, iPhone5, iPhone5s, iPod Touch4, iPod Touch5;
Given the small size of the UAS and the controlled environment provided, the proposed operations will adhere to the 

Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including 

but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly

the applicant requests that the FAA grant the requested exemption with minimum delay.

 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed by the applicant provide for at least an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh less than 55 lbs (DJI Phantom 3 Professional weighs 1280G or 2lbs 13oz)

2. The UAS will have a maximum operating speed of no more than 35mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer (VO).

4. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% battery 

power reserve or 20 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200

feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS PIC, and a designated VO.

7. The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all necessary certifications 

currently being approved by the FAA administration for commercial use.

8. A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the 

days’ production activities.

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a 

tower controlled or uncontrolled airport.

11. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower

controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight

time, flight duration, elevation of flight and other pertinent information.

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with 

the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours 

from planned operation.

13. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure 

that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be 

reduced to 30 feet based upon an equivalent level of safety determination, as required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved.

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the particular 

UAS to be operated.

15. The PIC and VO will be able to communicate by voice, and/or radio at all times.

16. Written and/or verbal permission and permits will be obtained from territorial, state, county or city jurisdictions, 

including law enforcement, fire or other appropriate governmental agencies where required by regulation.

17. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability 

to return to a predetermined location within a designated location and land autonomously.

18. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

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 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 as, or safer than, a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The UAS to be operated hereunder is less than 55 lbs (3 lbs) fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other

civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and observer 

and under the requirements and in compliance with local public safety requirements. These safety enhancements 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 UAS, 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 UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," may be placed. Given the size of the UAS, two-inch lettering will be impossible. The word "experimental," 

or any other term as is so required, will be placed on the fuselage of the UAS in compliance with §45.29 (t).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (t) 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. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire. An equivalent level of safety can be achieved by 

current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to

the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The 

operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

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 for maintenance and use of safety check lists prior to each flight an equivalent level of safety 

will be provided.
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. The UAS, given its size and configuration 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 pilot 

flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

Section 91.103 requires each PIC to take certain actions before flight to insure 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 as 

stated in the manufacturer FOM in the preflight inspection section, including but not limited to reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation of 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. UAS and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a control box 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 UAS that is a helicopter and the exemption 

requests authority to operate at altitudes up to 400 feet AGL, or not more than 200 feet above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never 

operate at higher than 400 feet AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the 

highest point on the structure. It will however be operated in a restricted area with security perimeter, 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, 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. Because of the advance 

notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned 

flight operations. Compared to flight operations with conventional aircraft weighing far more than the maximum 55 lbs 

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

presented with conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the 

UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

Section 91.121 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 may be needed. An equivalent 

level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 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 UAS provides approximately 25 minutes of powered flight. To meet the 30 minute reserve

requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations

on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time

frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

UAS, in a tightly controlled area where only people and property owners or official representatives who have signed 

waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 20 minutes or 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area.

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

The regulation provides in pertinent part:

(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 UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or 

place to carry certification and registration documents or to display them on the UAS.

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 the UAS.

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 

to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small 

payload and operate only in restricted areas for a limited period 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.
An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with 

the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working order 

prior to initiating flight and perform required maintenance needed.

Additional Information

The applicant, Geoff Dean, has extensive experience in piloting of remote controlled aircraft, including the UAS referenced

in this request, and has a demonstrable safety record. Also the primary pilot, Geoff Dean has an in-depth understanding 

of the capabilities and safety concerns involved in using this technology as an asset to the community. Satisfaction of 

criteria provided in Section 333 of the Reform Act of 2012 provides more than adequate justification for the grant of the 

requested exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

Geoff Dean