Pennsylvania  Ohio  West Virginia  Texas  Massachusetts

www.dawood .cc 

 2020 Good Hope Rd. Enola PA 17025 

August 6, 2015 

U.S Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., Washington, DC 20590 

Re: Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333. 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Dawood Engineering, Inc., (Dawood) seeks an exemption from the 

Federal Aviation Regulations (“FARs”) listed below: 

 14 C.F.R. Part 21 Subpart H 

 14 C.F.R. 45.23(b) 

 14 C.F.R 45.29 

 14 C.F.R. 61.113 (a) & (b) 

 14 C.F.R. 91.7(a) 

 14 C.F.R. 91.9(b) 

 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. 91.203(a)(1) 

 14 CFR Subpart E (91.401 - 91.417) 

The requested exemption would authorize commercial operations using approved UAS’s for 

mapping and survey applications. These operations will be subject to strict operating 

requirements and conditions defined by the Safety Code of the Academy of Model Aeronautics, 

in order to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircrafts. 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 2 

Dawood is a consulting engineering firm with a significant survey & mapping division. We 

conduct surveying and mapping on civil design projects for commercial and industrial 

developers and for municipal and governmental entities including departments of transportation. 

The proposed aerial filming will be conducted over private and public project sites with the 

knowledge and permit of the property’s owner(s). 

Unmanned Aircraft Systems: 

Dawood seeks an exemption to operate DJI systems Phantom 3 Professional for compensation 

or hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) 

Unmanned Aircrafts (UAS) with a Ground Control Station (GCS) utilizing electronic tablet or 

smart phone systems. The DJI Phantom 3 Professional have a maximum gross weight of 

approximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, 

height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3 

Professional UAS is equipped with four main rotors; driven by Lithium Polymer battery powered 

electric motors. (See section entitled “Intended Equipment for Exemption” on page 9 for 

additional specifications) 

The DJI Phantom 3 Professional UAS that will be operated by a trained Dawood 

professional, will be registered in accordance with 49 U.S.C. 44103, Registration of 

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 

14 C.F.R. Part 45, Identification and Registration Marking. 

1. CHARACTERISTICS OF THE AIRCRAFT

The UAS is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 2 

pounds 11 ounces) platform made of flexible foam that performs precision aerial mapping 

missions thanks to the on-board GPS and the related flight management software (eMotion) that 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. 

Thanks to the embedded camera, protected by a foam envelope, the UAS takes a collection of 

high-definition still images that are used later to generate maps and contour lines of the 

surveyed area. 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 3 

2. APPLICATIONS 

Surveying and mapping for: 

• Federal, State, and Local Infrastructure projects 

• Pipelines 

• Landfills 

• Mining 

• Utilities 

• Construction Sites 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

A. Operating requirements

Grant of the exemption to Dawood will be subject to the following operating conditions: 

• Operations to be conducted over private, controlled-access, or public property where 

approved; 

• Permission from the land owner/authority required before commencing any flight; 

• Operations over congested areas shall be avoided; 

• Operations must not interfere with manned aircraft operations, must yield the right of 

way to manned aircraft, and operators must See & Avoid other aircraft and obstacles 

at all times 

• Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and 

daylight hours 

• Aircraft operations must remain within Visual Line of Sight (VLOS) and will be 

visually monitored at all times; 

• VLOS guaranteed with a GPS geo-fence around operator of 0.5 miles 

• Flight ceiling pre-programed at 400 feet; 

• All operations conducted within 5 miles from an airport shall only be initiated after 

verbal coordination with the airport authority, or air traffic control when a control 

tower is present at the airport; 

• All operations shall comply with required permissions and permits established by 

territorial, state, county or city jurisdictions; including local law enforcement, fire, or 

other appropriate governmental agencies. 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 4 

B. The Specific Sections of 14 C.F.R. From Which Dawood Seeks Exemption. 

Dawood requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation UAS’s: 

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

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

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 of the 

UAS’s used, it’s very light weight and the limited operating area associated with its utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. In this case, an analysis of these different criteria 

demonstrates that the UAS operated without an airworthiness certificate, under the conditions 

proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an 

airworthiness certificate. 

Operations under this exemption will be tightly controlled and monitored by the operator through 

the constant communication link between the UAS and the ground station. Moreover, a geo-fence 

and a flight ceiling will be defined by the operator before each flight to make sure the UAS will not 

go beyond the defined flight envelop. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" 

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the 

size of the UAS’s, this requirement may be impossible to match.
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 5 

The equivalent level of safety will be achieved by having the operator display at the ground station 

a high contrast flag or banner that contains the words "Unmanned Aircraft System Ground Station" 

in letters 3 inches high or greater. Since the aircraft will operate within 1/2 Nautical Miles of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin. 

14 C.F.R. § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

This regulation limits private pilots to non-commercial operations. Because the UAS will not carry 

a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the pilot operating the aircraft to have completed a UAS flight 

training course of 10 hours before flying a UAS. Unlike a conventional aircraft that carries the pilot 

and passengers, the UAS will be remotely controlled with no living thing or cargo on board. The 

area of operation will be controlled and restricted, and all flights will be planned and coordinated 

in advance. The risks associated with the operation of the UAS are so diminished from the level 

of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS as requested with a pilot who has met the minimum requirements of this 

document exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

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 this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of 

the aircraft and the requirements contained in the DJI Manual for maintenance and use of safety 

checklists prior to each flight, as set forth in this document, an equivalent level of safety will be 

provided. 

14 C.F.R. § 91.9(b): 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 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 6 

documentation would not be available to the crew. The equivalent level of safety will be achieved 

by keeping a hard copy of the flight manual in the UAS transportation box. 

14 C.F.R. § 91.109(a): Flight instruction; Simulated instrument flight and certain flight tests. 

This regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." Flight instruction will be 

accomplished through an elaborated training program, using first the simulation mode of the flight 

management software. The equivalent level of safety during the training will be achieved by the 

manufacturer providing the training. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides 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, the UAS cannot comply with this requirement. 

The equivalent level of safety will be achieved because the UAS will only fly over property with 

the permission of the landowner. The operator will define before every flight a working area radius 

and a flight area ceiling, preventing the UAS to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the 

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

the small size of the UAS, the hazard to persons, vessels, vehicles, and structures is not 

comparable to manned aircraft and should be considered in granting the exemption. Moreover, 

the aircraft will not be operated over congested areas nor over any open-air assembly of persons. 

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

without undue hazard to persons or property on the surface. 

14 CFR 91.121 – Altimeter settings 

This section requires that 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 below 18,000 feet MSL to: 

 The current reported altimeter setting of a station along the route and within 100 nautical 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 7 

miles of the aircraft; 

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; 

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport 

or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the UAS autopilot calculates the reference altitude 

(ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data 

are merged with respect to their respective precisions. The GPS provides reliable information to 

correct potential barometric bias, while rapid variations in altitude are detected through the 

barometer. 

Hence, barometric bias induced by environmental factors is rejected. 

14 C.F.R. § 91.151(a): 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. 

Dawood believes that an equivalent level of safety is already achieved with the specific procedure 

preventing the UAS to accept a take-off order if the battery level is below a given value. 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations 

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

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

require that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance 

of an airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, under 

Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

Dawood proposes that the maintenance of the UAS will be accomplished by the owner/operator 

according to the maintenance manual. Moreover, the operator is the person most familiar with 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 8 

the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

equivalent level of safety. Finally, before every flight, the UAS will run automatically a sequence 

of pre-flight tests to make sure that every sensor and every critical part is running properly. If a 

problem is detected, the UAS will not be able operated. 

Benefits to the Public as a Whole 

It is our belief that UAS’s will provide additional and improved access to high quality aerial 

mapping, reducing environmental pollution from larger aircraft, and produce training and 

development opportunities for survey professionals resulting in additional jobs. 

In Summary (For the Federal Register): 

Dawood is seeking exemption from Section 333 of the FAA Modernization and Reform Act of 

2012 (the “Reform Act”) and 14 C.F.R. Part 11 in order to provide unmanned Aerial Surveying 

and Mapping. Similar exemptions have been granted to companies within our industry because 

of the potential benefits to the public, improved safety, and lower impact to property owners. 

Respectfully Submitted, 

Vincent J. Paparella, PLS 

Vice President 

Dawood Engineering, Inc. 

2020 Good Hope Rd. 

Enola, PA 17025 

717-732-8576 

vpaparella@dawood.cc
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 9 

Intended Equipment for Exemption 

Aircraft: DJI Phantom 3 Professional 

Operating Frequency/Sensitivity: 2.400- 2.483 GHz/Radio Sensitivity: -101 dBm 

Manufactures Website: http://www.dji.com/ 

Aircraft Performance 

Maximum Altitude: 19,685 ft. (6000 m) 

Operational Range: 6,560 ft. (2,000 m) 

Hover Accuracy: (Ready to Fly) Vertical: 0.1m; Horizontal: 1.5m

Precision Flight and Stable Hovering 

Flight Time: 23 Minutes 

Battery Life (quad copter): 23 Minutes 

Weight (Battery & Propellers included): 1280 g 

Max Ascent Speed: 5m/s 

Max Descent Speed: 3m/s 

Max Flight Speed: 16m/s (Not Recommended) 

Operating Temperature: -10°C - 40°C 

Self-Tightening Propellers 

For in-depth info see http://www.dji.com/product/phantom-3/spec
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 10 

Maintenance 

To ensure safe operational control a maintenance schedule will be followed, a personal tailored 

maintenance manual has been created, and quality replacement part will be used. 

Inspection: Before and after every flight, the quadcopter's operational condition will be 

inspected for damage and deterioration, paying attention to the props for damage, cracks or 

ware and the UASs fuselage for damage. If damage, cracks or unusual ware is detected the 

flight will be suspended until proper repairs have been made. 

There is no intention in modifying aircraft beyond factory specifications. The UAS will be in 

compliance with the FAA airworthiness regulations. 

Safety Concerns 

Prop guards: Prop guards will always be in use during commercial flights. 

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, owner or another 

party, will be on site to review and observe hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be removed

from the area. There will be no flight over heavily populated areas like stadiums, schools, malls, 

casinos, and the like during operating hours. 

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or around 

airports unless explicit permission is granted according to current FAA regulations. 

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights will be 

conducted in optimal weather conditions. Flights will not be conducted in winds above 20 mph. 

Return-to-Home Feature: In the event the DJI Phantom 3 Professional v2 H3-3D loses signal or 

runs critically low on battery the UAS has a GPS controlled return to home feature. The "home" 

is set upon flight startup. 

 Auto Return-to-Home & Landing 

 See Pre-Flight Checklist Exhibit A 

Flying in Confined Areas: There is a high probability of flying in confined spaces, around 

residential properties. Pilot and spotter will be in constant communication by two way radio, or 

cell phone, or other approved FAA communications device when geographically separated during 

flight to ensure awareness of obstacles, hazards and UAS location. 

Line of Site: The UAS will always be within the line of site of the pilot and spotter. 

If the UAS cannot be seen the return home failsafe will be used to regain visual control. 

Height: Fights will not exceed 400 ft AGL above subject properties at any time. 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 11 

Potential Hazards 

The following are potential hazards that may, or may not be, present during flight operations. The 

Pilot and Spotter will be aware of: 

 Other UASs 

 Houses, Commercial Buildings, Shops, and Out Buildings 

 Power Lines, Low Voltage Lines, High Voltage Lines, Cable 

 Lines 

 Trees, Shrubs, and Hedges 

 Automobiles and RVs 

 Wildlife, both Land and Air 

 Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of Water 

 Unaccounted for People 

 Unaccounted for Pets 

 Conditions as set forth in the DJI Manual 

Operational Conditions 

To capture high resolution images and video operational conditions will be closely monitored 

because showcasing a property in the best light is and image quality is the utmost client priority. 

Day Time 

 Sunny Weather is Highly Preferred 

 Little to No Cloud Cover 

 Zero to Low Wind Speeds 

 High Visibility Conditions 

*No night-time operations are permitted. 

Pre-Flight Checklist 

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist will then be filed 

with every property's file in the event of an audit. 

Preflight Checklist: SEE Exhibit A 

Active Flight Operations 

Exercise continuous control of UAS, monitor potential hazards, be aware of changing 

environments that may present hazards. UAS will always be in view of 

Pilot and spotter. There will be a strict flight ceiling of 400 ft AGL. All flight will be done in 

accordance with current FAA rules and the conditions set forth in this document. 
Request for Exemption for FAA Modernization and Reform Act of 2012, 

Public Law, 112-95 FEB 14, 2012, Section 333 for Dawood Engineering, Inc. 

Page 12 

Exhibit A 

Pre-Flight Checklist 

Flight Operation Location: ________________________ 

Pilot:_________________________ 

Date:_________________________ 

 Conduct Walk Around of Flight Area 

 Identify Potential Hazards with Spotter 

 Locate Safe Launch & Landing Area 

 Set Spotter (Spotter May Change Location due to Filming Angle) Secure all Pets 

 Request on Non-Essential Personnel to Remain Behind Pilot 

 Unpack All Equipment from Transportation Case 

 Inspect UAS for damage, ware and proper flight setup according to the DJI manual. If 

no damage or unusual ware is detected proceed to the next step. If damage is detected 

the flight will be aborted until proper repairs are completed. 

 If the UAS is deemed flight worthy - Power Up Remote 

 Power Up GoPro 

 Initiate Video Recording 

 Power Up DJI Phantom 3 Professional 

 Launch DJI Phantom 3 Professional 

 Conduct Flight Operations 

 Land DJI Phantom 3 Professional in Designated Landing Area 

 Power Down DJI Phantom 3 Professional 

 Turn Off Video Recording 

 Power Down GoPro 

 Power Down Remote 

 Inspect UAS for damage and ware 

 Put All Equipment Back into Transportation Case 

Pilot Signature___________________________________________