RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

I, Chad Ray, am submitting this Petition for Section 333 Exemption on the behalf of 

Onslow County under Section 333 of the FAA Modernization and Reform Act of 2012

(“FMRA”).

Applicant Information:

The name of the applicant: Onslow County, NC

The primary contact for this application is:

Chad Ray

234 NW Corridor Blvd

Jacksonville, NC 28540

910-989-3907

chad_ray@onslowcountync.gov

Pursuant to Section 333 of the FMRA, Onslow County, hereby requests a

determination by the Secretary of Transportation authorizing operations of UAS for

the purposes of aerial photography & videography, monitoring beach erosion and 

migration,monitoring construction projects, aerial inspections of flooded areas, data 

collection, augmented real estate listings of county owned properties, production videos 

and other work related to aerial photography in the NAS. Flight operations will utilize the

DJI Inspire 1 unmanned aircraft. Conduct of UA operations will be with respect to FMRA

Section 333(c) and the UAS “Blanket COA”.

Exemption is necessary to effect the determination requested pursuant to FMRA 

Section 333. The attached documentation includes detailed exemption requests that 

demonstrate how these exemptions are in the public interest and will maintain at least 

an equal level of safety to existing regulations. Authorizing Onslow County to conduct 

UAS operations will result in less disruptive, safer, and more cost effective solutions 

than manned aviation equivalents due to the low altitude environment, given the size, 

speed and inherent risk of traditional commercial aviation operations. Onslow County 

will conduct the UAS operations in a manner that will meet, and in many cases exceed, 

the current level of safety of commercial operations. Our UAS is under 10 lbs., has a 

low noise signature, and carries no volatile fuel, which will limit collateral damage in the 

event of catastrophic failure. The low expense of operation compared to cost prohibitive 

manned
aviation alternatives allow a greater economic benefit to the county. For these reasons, 

granting an exemption under FMRA Section 333(c) is in the public interest. 

UAS technology used for these purposes benefit the public interest in the following 

ways:

1. Reduces the collateral damage risks to life and property associated with low altitude

 helicopter operations in undesirable portions of the height-velocity envelope.

2. Enabling a safer alternative for personnel being put at risk.

3. Decreased economic impacts for county budget verses outsourcing other aviation 

 methods.

4. Gives real-time data for property owners before and after storm damage along 

 oceanfront and river shore lines.

5. Decreases man-hours and fatigue for employees.

Table of Contents

I. Exemptions Requested

II. Operation

III. Unmanned Aircraft System (UAS)

IV. UAS Pilot-in-Command (PIC)

V. Public Interest

VI. Summary

VII. List of Attachments

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), DK Consulting Group, Inc. requests exemption from 

the following regulations:

• 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness

certificates as required by 14 C.F.R. § 91.203(a)(1)

Given the small size of the UA and the safeguards that will be taken as outline below, 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 with consideration “of the size, 

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

the particular UAS.”
• 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o 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.

Onslow County will ensure compliance with § 45.29(f) to meet the intent of

the regulation by displaying the registration number in the largest practicable lettering.

• 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and

Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this

section, no person who holds a private pilot certificate may act as pilot in

command of an aircraft that is carrying passengers or property for compensation

or hire; nor may that person, for compensation or hire, act as pilot in command of 

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in

command of an aircraft in connection with any business or employment

o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a

commercial pilot certificate may act as pilot in command of an aircraft – (ii) For

compensation or hire, provided the person is qualified in accordance with this 

part and with the applicable parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may

not act as pilot in command of an aircraft:

 *For compensation or hire;

 *In furtherance of a business;

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot

certificate of any category or class and a valid driver’s license.

• 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition.

The PIC will conduct daily pre and post flight inspections in accordance with

manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere 

to § 91.7(b) and abort air operations immediately upon identification of an in-flight

emergency or other unsafe condition. By complying with procedures outlined by the

manufacturer, an equivalent level of safety will be achieved.

• 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft 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.
By keeping all operating documents, manuals, authorizations and exemptions in 

a binder co-located with Onslow County meet the intent of the regulations

and therefore achieve an equivalent level of safety.

• 14 C.F.R. 91.109(a) – Flight Instruction

o 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 majority of UAS by design are developed with single operational control through

the use of pre-determined GPS enabled waypoints programmed before or during flight 

in addition to the use of a single hand held transmitter or control station controlled by 

the PIC. The design does not allow for dual controls during flight training and therefore 

the exemption is requested to train operators, build experience, and maintain 

proficiency. An equal level of safety will be achieved by conducting all training in sterile 

environments. Training sessions will be accomplished separately from flights conducted 

for purposes other than training.

14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: (b) Over any congested area of a city, town, 

or settlement, or over any open air assembly of persons, an altitude of 1,000 feet

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If

the operation is conducted without hazard to persons or property on the surface.

(1) A helicopter may be operated at less than the minimums prescribed in

paragraph (b) or (c) of this section, provided each person operating the helicopter

complies with any routes or altitudes specifically prescribed for helicopters by the

FAA.

UAS operations will be conducted at or below the maximum altitude authorized by COA. 

Given the size, weight and lack of fuel; combined with operation limitations listed below, 

the operation will be conducted with a greater level of safety than exists with current 

manned aviation operations.

• 14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating 

UAS are equipped with Global Positioning System (GPS), which provide altitude and 

geolocation data to the operator without utilizing an altimeter. Due to this fact, an 

exemption is required. GPS are precise within a few feet and combined with fail-safes 

and a visual observer the operation will meet an equivalent level of safety.
• 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

o No person may begin 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;

This regulation is written based on the capabilities of a traditional aircraft, which have

flight times of several hours or greater; therefore, with our sUAS having flight times of 

only 20 minutes or less, this regulation would effectively deny the ability of the air 

vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer

guidelines and the DJI low battery failsafe system.

• 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and

Use.

o All airspace. Unless otherwise authorized or directed by ATC, no person may

operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) 

of this section, unless that aircraft is equipped with an operable coded radar 

beacon transponder having either Mode 3/A 4096 code capability, replying to 

Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, 

replying to Mode 3/A interrogations with the code specified by ATC and

intermode and Mode S interrogations in accordance with the applicable 

provisions specified in TSO C-112, and that aircraft is equipped with automatic 

pressure altitude reporting equipment having a Mode C capability that 

automatically replies to Mode C interrogations by transmitting pressure altitude 

information in 100-foot increments. This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas;

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in

appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not

originally certificated with an engine-driven electrical system or which has not

subsequently been certified with such a system installed, balloon or glider may

conduct operations in the airspace within 30 nautical miles of an airport listed in

appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and
(ii) Below the altitude of the ceiling of a Class B or Class C airspace area

designated for an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries

of a Class B or Class C airspace area designated for an airport upward to 10,000

feet MSL; and

(5) All aircraft except any aircraft which was not originally certificated with an

engine-driven electrical system or which has not subsequently been certified with

such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above 

the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile

radius of any airport listed in appendix D, section 2 of this part, excluding the

airspace below 1,200 feet outside of the lateral boundaries of the surface area of

the airspace designated for that airport.

The sUAS to be used in the proposed operation does not come equipped with a

transponder. No transponder exists for the sUAS, which can be installed. The petitioner

requests relief from the exemption to the extent required to operate in areas in which a

transponder is required according the applicable regulations in this part.

The PIC will achieve an equivalent level of safety by complying with all provisions of

the COA under which operations are to be conducted. By issuing appropriate NOTAMS

and prior ATO coordination, an equivalent level of safety can be achieved as other

manned aircraft, which receive authorization to fly in airspace where a transponder is

required but not operable. In order to give proper notice to the ATO, the PIC will comply

with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply

with all altitude limits and airport standoff distances required by COA, which mitigate

hazards to aircraft controlled by the ATO in congested airspace.

• 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance

Inspections

o 91.405(a) States: Each owner or operator of an aircraft—(a) 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
o 91.407(a)(1) States: (a) No person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless—(1) It has been approved for return to service by a person 

authorized under § 43.7 of this chapter

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no

person may operate an aircraft unless, within the preceding 12 calendar months, 

it has had—(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter. No inspection performed under 

paragraph (b) of this section may be substituted for any inspection required by 

this paragraph unless it is performed by a person authorized to perform annual

inspections and is entered as an ‘‘annual’’ inspection in the required maintenance

 records.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§

91.411 and 91.413, each registered owner or operator shall keep the following

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i

– iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for

the periods prescribed: (paragraphs 1 – 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with 

the manufacturer’s guidance as stated in the operations manual. If maintenance is 

required, the PIC will conduct a dedicated test flight will be conducted to ensure safety 

before resuming commercial operations. All inspection, maintenance and alterations will 

be documented and maintained in a record. These actions will meet the intent of the

regulations from which exemption is being requested and lead to an equivalent level of

safety.

II. Operation

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will 

hold, at a minimum, a recreational or sport pilot certificate.

For each flight, Onslow County:

• Will contact the controlling air traffic organization to issue a NOTAM.

• Will conduct a comprehensive worksite inspection and analysis, identifying limits of

 customer property or authorized access areas.

• Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

• Will operate in those areas only with the consent of the landowner or designated

 representative.

• Will identify potential obstructions or other hazards to safe operation.

• Will clear the area of personnel or bystanders that are non-essential to the operation,

 maintaining at a minimum, 500 feet away from non-participating persons.

• Will conduct a preflight safety briefing to Visual Observer (VO) and participating

 observers.
• Will at all times yield to manned air traffic.

• Will operate within VLOS of both PIC and VO during daylight hours only.

• Will maintain voice communications with VO and participating observers.

• Will operate under visual flight rules, in visual meteorological conditions, for the 

airspace in which the flight is conducted.

• Will not exceed the maximum altitude as defined in the COA under which flight

 authorized, as determined by the installed GPS.

• Will keep operating documents, manuals, authorizations and exemptions in a binder 

colocated with the Ground Control Station.

• Will immediately terminate flight, in the safest manner possible, when safety to 

persons or property become compromised.

• Will terminate flight, in the safest manner possible, when unable to comply with these

 limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable 

COA, relief is needed from Section 91.119 (c). By following these operating standards, 

the sUAS operation will meet an equivalent level of safety to the regulation in which 

relief is sought.

III. Unmanned Aircraft System

Onslow County seeks exemption to operate DJI UAS. The DJI Inspire 1 is the aircraft in 

our operation for which we seek exemption. The UA will be flown via a combination of 

RC control and tablet GCS. This UA type is a GPS equipped, multirotor helicopter. A 

quad-copter type rotorcraft utilizing four motors. Lithium-polymer batteries power the 

UAS.

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as 

outlined in the respective lost link procedures attachment. The UA display visual and 

emit an audible low battery alerts at which time the UA will automatically engage the 

landing sequence. Based upon those safeguards, I request exemption from Section 

91.151(b) Fuel requirements for flight in VFR conditions.

Given the size, weight, speed, and controlled operating area associated with the UA to 

be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) 

and § 91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the 

aircraft. The UA will display the registration number in the largest practicable lettering. 

Onslow County seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections will be conducted according to operations 

manual and prudent judgment as previously outlined to determine the integrity and 

safety of the UA and associated equipment. Further, relief is required from 91.7(a), 

which prohibits the operation of an aircraft without an airworthiness certificate and 

91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be 

operating with an airworthiness certificate therefore, this would be inappropriate. The 

UAS are too small to carry the operating documents so an equivalent amount of safety 

can be achieved through keeping the operating documents and manuals at the GCS.
IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non-commercial 

operations, however Onslow County will ensure UA operations will achieve an 

equivalent level of safety as current regulation because UA do not carry any pilots or 

passengers. The inherent risks of operating a UAS are far less than in the commercial 

activities outlined in 14CFR part 61, et seq., thus exemption is requested from § 61.101 

Recreational Pilot Privileges and Limitations. PICs will maintain recent flight experience on 

the UAS. Training and experience flights will be conducted separate from standard

operations.

V. Public Interest

Given the above stated evidence, procedures, and precautions operating a sUAS for

the purposes of aerial photography & videography, monitoring beach erosion and 

migration, monitoring construction projects, aerial inspections of flooded areas, data 

collection, augmented real estate listings of county owned properties, production videos 

and other work related to aerial photography in the NAS. These operations, when 

executed with diligence, will exceed the current level of safety as the regulations from 

which exemption is sought. Utilizing the UAS capabilities will help ensure the safety of 

personnel that would not normally benefit from aerial observation. With the ability to 

inspect flooded areas caused by beaver dams, or get realtime information for agencies 

and property owners after storm damage, personnel can now access and execute a 

safer and more cost-effective operation with the assistance of overhead photography 

and video. UA operations are associated with less risk of collateral damage to persons 

and property while limiting disruptive noise pollution associated with low altitude aviation 

operations.

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and 

Reform Act of 2012”, Onslow County, hereby applies for authorization to conduct

unmanned aerial systems (UAS) operations for the purposes of aerial photography & 

videography, monitoring beach erosion and migration, monitoring construction projects, 

aerial inspections of flooded areas, data collection, augmented real estate listings of 

county owned properties, production videos and other work related to aerial 

photography
Rules for which exemption is sought:

• 14 C.F.R. Part 21 Subpart H

• 14 C.F.R. § 45.23(b)

• 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

• 14 C.F.R. § 91.7(a)

• 14 C.F.R. 91.9(b)

• 14 C.F.R. § 91.103

• 14 C.F.R. § 91.109(a)

• 14 C.F.R. § 91.119

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151(a)

• 14 C.F.R. § 91.215(b)

• 14 C.F.R. § 91.405(a)

• 14 C.F.R. § 91.407(a)(1)

• 14 C.F.R. § 91.409(a)(2)

• 14 C.F.R. § 91.417(a) & (b)

VII. Attachments:

1. Launch and Recovery Operations

2. DJI Inspire 1 Remote Operating Frequencies

3. Lost Communications Procedures

4. Lost Link Procedures

5. Emergency Procedures

6. Ground Based Observation

7. Visual Observation

8. Training Program

9. DJI Inspire 1 Characteristics of UAS

Respectfully,

Chad Ray

234 NW Corridor Blvd

Jacksonville, NC 28540

910-989-3907

chad_ray@onslowcountync.gov