September 14, 2015

Exemption No. 12844

Regulatory Docket No. FAA−2015−2096

Mr. Justin Burrell

Owner

Vineyard Aviation, LLC

13253 Saint Tropez Circle

Palm Beach Gardens, FL 33410

Dear Mr. Burrell:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 21, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Vineyard Aviation, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial imaging, 

surveying, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 Professional.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
2

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Vineyard Aviation, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, Vineyard Aviation, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

Professional when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Vineyard Aviation, LLC Section 333 Exemption Petition

1

May 21, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R Part 27; 91.7(a);

91.9(b) (2); 91.103(b); 91.109; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Justin Burrell, owner of Vineyard Aviation, LLC, am writing pursuant to the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C. F R. 11. I, Justin Burrell, owner and 

operator of small unmanned aircraft, am requesting to be exempted from the Federal Aviation Regulations 

("FARs") as outlined in this petition. This petition for exemption is so that I, Justin Burrell, may operate 

my small light weight unmanned aircraft system ("UAS") commercially in airspace regulated by the 

Federal Aviation Administration ("FAA").

I. Description of Petitioner:

Vineyard Aviation, LLC is a single proprietor owned company operated by myself, Justin Burrell. I have 

been a full time Airline Transport Pilot since 2004 (Cert. #3289415) and maintain a first class medical 

certificate. I, Justin Burrell, have a diverse background in management and consulting in the aviation 

industry and am experienced in flying hobby unmanned aircraft systems for recreational purposes. Over the 

last five years, I have flown multiple RC airplane and quad- copter aircraft recreationally piloted by remote 

control without incident.

It is my intent via Vineyard Aviation, LLC to operate UAS, DJI Phantom 3 Professional, for aerial 

imaging to enhance individual and company awareness in relation to agricultural, geological, and real

estate survey and inspection. Traditionally, much of this type of imaging has been done with the use of 

fixed-wing aircraft and full-scale rotorcraft. The use of fixed-wing aircraft and rotorcraft in low level 

operations present risks of such vehicles carrying large amounts of combustible fuel and aircraft weights of 

thousands of pounds. The operation of a small UAS will eliminate risks associated with these traditional 

methods of agricultural, geographical and real estate survey and inspection.

Vineyard Aviation UAS operations for the purposes described above will occur under tightly controlled 

conditions mostly on privately owned property at the owner's or authorized representative's request and 

consent. Generally, these agricultural areas are located in rural settings away from buildings, people, and 

crowds. Those operations not occurring on privately owned property will occur under tightly controlled 

conditions and conducted away from congested or densely populated areas and at low levels of flight.
Vineyard Aviation, LLC Section 333 Exemption Petition

2

Vineyard Aviation operations will be conducted in compliance with in the conditions and limitations of the 

UAS manufacturer's aircraft/component manual and limitations of this Petition for Exemption. Operations 

will be limited to VFR conditions in daytime hours at altitudes at or below 400 feet AGL and remaining 

clear and yielding the right of way to all manned aviation operations and activities at all times.

Petitioner's Contact Information:

Vineyard Aviation, LLC

c/o Justin Burrell

13253 Saint Tropez Circle

Palm Beach Gardens, Fl 33410

Tel: 504-453-8254

Email: jburr737@gmail.com

For ease of review please refer to the following table of contents found on the next page.
Vineyard Aviation, LLC Section 333 Exemption Petition

3

Table of Contents

I. Description of Petitioner

II. Description of Proposed Operations

III. Relevant Statutory Authority

IV. Vineyard Aviation's Proposed UAS Operations meet the Requirements of Section 333 of 

the Reform Act

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration 

E. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements 

F. 14 C.F.R. § 91.103: Preflight Action 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

I. 14 C.F.R. § 91.121: Altimeter Settings 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

VI. Public Safety, Interest, and Benefit 

VII. Privacy

VIII. UAS Manufacturer's Manual

IX. Summary the FAA may Publish in the Federal Register

 

X. Conclusion
Vineyard Aviation, LLC Section 333 Exemption Petition

4

II. Description of Proposed Operations:

Vineyard Aviation intends to use its small UAS for the purpose of conduction of aerial surveys and 

inspection of various agricultural crops inclusive of various citrus, vegetable, and grape varieties. This will 

afford farmers and growers critical information necessary to maximize crop harvest by identifying

diseases, irrigation, and drainage. The use of a small UAS will provide greater resolution and flexibility in 

imaging in this setting. Low flying UASs can deliver information that support crop analysis in a much 

safer, efficient, and cost effective manner than conventional methods using heavier, fuel filled fixedwinged or full scale rotorcraft. 

Vineyard Aviation intends to use its small UAS for the purpose of conduction of aerial surveys and 

inspection of geographical layouts and real estate listings. This will increase public and academic visual 

awareness of land layouts in specified areas of request. The use of a small UAS will provide close-up 

augmented views of real estate listings unattainable by traditional means. The UAS is battery operated and 

creates no emissions. It contains no combustible fuel source rendering it safer than conventional aerial 

photography.

I, Justin Burrell, via Vineyard Aviation intend to operate the UAS at a ground speed no greater 30 knots 

and an altitude at or below 400 feet AGL. All operations will be completed during daylight hours with a 

visual observer ("VO") and operated with in the visual line of sight ("VLOS") of the VO at all times.
Vineyard Aviation, LLC Section 333 Exemption Petition

5

III. Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization 

and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the 

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 

of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

National Air Space ("NAS") where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed, and operational capability

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

 Operation of the UAS within the visual line of sight of the operator

In addition, the FAA Administrator has general authority to grant exemptions from the agency's safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the public 

interest. (49 U.S.C § 106 (f) defining authority of the Administrator; 49 U.S.C. § 44701 (f) permitting 

exemptions from § 44701 (a), (b) and § 44702-44716) A party requesting and exemption must explain the 

why the exemption would: (1) benefit the public as a whole, and (2) not adversely affect safety or how it 

would provide a level of safety at least equal to the existing rules. (14 C.F.R. § 11.81 petitions for 

exemption)

IV. Vineyard Aviation's Proposed UAS Operations meet the Requirements of Section 333 of the 

Reform Act

The operation of a small UAS by Vineyard Aviation qualifies for approval pursuant to Section 333 of the 

Reform Act as each of the statutory criteria and relevant factors are satisfied as stated in this Petition for 

Exemption.

A. Approval is warranted based on Vineyard Aviation's small UAS's size, weight, speed, and 

operational capability.

1. The UAS will weigh less than 20 pounds (this includes all equipment and loads).

2. The UAS will not exceed a speed of 25 knots.

3. The UAS will not exceed an altitude of 400 feet AGL.

4. Altitude information will be generated by GPS triangulation that is contained within 

 the UAS. This information is transmitted to the pilot via telemetric data feed (DJI Pilot App).

5. All flights will be flown with enough power to fly at normal cruising speed to the 

 intended landing point and land the UAS with 20% battery power remaining.

6. The UAS will have system independent functionality in the event communications or GPS 

signal is lost. The UAS will return to a pre-determined location and land safely within the 

planned operating area via DJI's Return To Home feature (RTH).
Vineyard Aviation, LLC Section 333 Exemption Petition

6

7. Radio frequencies used for operations and control of the UAS will be in compliance 

 with the Federal Communications Commission ("FCC") or other appropriate oversight agency 

 requirements.

B. Approval is warranted based on the UAS's manufacturer's operational manual and 

Vineyard Aviation's proposed operations.

1. UAS operations will be conducted with a minimum of a Pilot-In-Command ("PIC") 

 and visual observer ("VO") at all times.

2. The UAS will be operated within Visual Line of Sight ("VLOS") of the PIC and VO 

 at all times during flight. 

3. All flights will be operated during day light hours.

4. The UAS will be operated in compliance with all manufacturer Safety Bulletins in 

 addition to the UAS operational manual and firmware updates.

5. The UAS will remain clear and yield the right of way to all manned aviation 

 operations and activities at all times.

6. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

7. Vineyard Aviation will obtain an Air Traffic Organization ("ATO") issued Certificate 

 of Waiver or Authorization ("COA") prior to conducting any operations under this grant of 

 exemption. This COA will require Vineyard Aviation to request a Notice to Airman 

 ("NOTAM") with the appropriate ATC facility 48 to 72 prior to UAS operation.

8. Vineyard Aviation will obtain all required permissions from the landowner/controller 

 or authorized representative prior to operations over private or controlled-access property.

9. Prior to each flight the PIC shall do a pre-flight inspection of the UAS to ensure it is in a 

condition for safe flight. If the UAS inspection reveals a condition that affects safe 

operation of the UAS, the UAS will be grounded until the necessary maintenance has been 

performed and the UAS is found in a condition for safe flight. The Ground Control Station will 

be included in the pre-flight inspection. All maintenance and alterations will be properly 

documented in the UAS records.

10. The UAS will not be operated higher than 200 feet within a quarter mile from an airport or any 

flight path or flight operation; or 5 nautical miles (NM) from an airport having an operational 

control tower; or 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 2 NM from an airport without a published instrument flight procedure or 

an operational tower; or 2 NM from a heliport with a published instrument flight procedure.
Vineyard Aviation, LLC Section 333 Exemption Petition

7

In addition, the DJI Pilot app displays warning messages and UAS altitude restrictions when the 

UAS enters within 320 feet of No-Fly Zones. Furthermore the UAS firmware will not allow the 

UAS motors to activate in No-fly Zones (Phantom 3 Professional User Manual v1.0 pages 41, 42, 

43). These features coupled with the operator's Airline Transport Pilot's airspace knowledge and 

situational awareness will thoroughly ensure the UAS does not interfere with airport and airspace 

manned aircraft operations.

11. Vineyard Aviation's PIC will be an Airline Transport Pilot ("ATP") that holds at least 

a current Third Class Medical Certificate.

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203 

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform 

Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used 

for the same application. These criteria are met, and therefore no exemption is needed. See Grant of 

Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 13-14, 22. If, however, the FAA determines 

that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, 

an exemption is requested. 

The DJI Phantom 3 Professional that Vineyard Aviation intends to use meets this equivalent level of safety 

taking into account its size, weight, speed, and operational capability. As set forth in the description of 

proposed operations in Section II, the UAS weighs less than 20 pounds and will be flown at less than 25 

knots and outside controlled airspace. Additionally, the UAS carries neither pilots nor passengers, no 

combustible materials or flammable liquid fuels, and operates exclusively within the parameters stated in 

the manufacturer's manual. 

Operations conducted under this exemption will be closely controlled and monitored by the operator and 

will be conducted in compliance with local public safety requirements to provide security for the area of 

operation. Vineyard Aviation will also provide the FAA with advance notice of operations via NOTAMs as 

necessary. 

Further, the UAS does not need a means to communicate with other aircraft or ATC, because those 

capabilities will be possessed by the PIC and Observer, who are not onboard the UAS. See Grant of 

Exemption, Docket FAA-2014-0352 at 13. In addition, no sense-and-avoid technology is necessary for the 

UAS because it will be operated at all times in VFR conditions and within VLOS of the PIC and Operator. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent that Vineyard Aviation's small UAS would otherwise require certification 
Vineyard Aviation, LLC Section 333 Exemption Petition

8

under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons 

identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, supra.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Vineyard Aviation seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. Therefore, no 

airworthiness certificate would be issued for Vineyard Aviation's UAS. See Grant of Exemption to 

Astraeus Aerial, Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the 

requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 

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

91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness documents 

and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft –

(2) For which an Airplane or Rotorcraft Flight Manual is 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. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(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 small size and configuration of the UAS render it without a cabin or cockpit, making it impossible to 

store airworthiness documents and other aircraft manuals on board. 

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, 

Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met

if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other 

required documents from the ground control station from which he or she is operating the aircraft. (1)
Vineyard Aviation, LLC Section 333 Exemption Petition

9

_______________________

1 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and 

Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-

0352 at 16-18.

As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has 

access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by 

ensuring that the pilot has access to the documents at the ground control station from which he or she is 

piloting the UAS.

E. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements

Vineyard Aviation seeks an exemption from the aircraft marking and identification requirements contained 

in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with Part 45 of this chapter. 

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

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. 

● 14 C.F.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of 

the cabin, fuselage, boom, or tail the marks required by § 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was 

warranted provided that the aircraft "have identification (N-Number) markings in accordance with 14 

C.F.R Part 45, Subpart C if the markings are as large as practicable." FAA Docket No. FAA-2014-0352.

Vineyard Aviation's UAS will bear N-Number markings that are as large as practicable in accordance with 

14 C.F.R. Part 45, Subpart C (2)

________________________

2 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
Vineyard Aviation, LLC Section 333 Exemption Petition

10

F. 14 C.F.R. § 91.103: Preflight Action 

Vineyard Aviation seeks exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAA-approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely 

conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is 

required.

An equivalent level of safety will be provided by Vineyard Aviation's compliance with the Manufacturer's 

Manuals and it's PIC will perform a series of checklists designed to identify any defects or inoperable 

components. These checklists will be inclusive of Pre-Flight, Launch, Landing, and Post-Flight 

procedures. The PIC will also review weather, flight requirements, battery charge, landing and takeoff 

distance, and contingency landing areas before initiation of flight. Manufacturer's Manual, and any other 

relevant manufacturer publications will be kept at the GCS and will be accessible to the PIC at all times 

while operating the UAS.

G. 14 C.F.R. § 91.109(a): Flight Instruction 

Vineyard Aviation seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that 

"[n]o 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." UASs and remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through the use of 

a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be 

required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

In regards to the size and speed of the DJI Inspire that Vineyard Aviation intends to use, an equivalent 

level of safe training can be performed without dual controls because no pilot or passengers are aboard the 

UAS. All Flight training will be conducted with all persons a safe distance away in the event that the UAS 

experiences any difficulties during flight instruction.

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Vineyard Aviation requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than 

those minimum altitudes when it can be operated "without hazard to persons or property on the surface," 

provided that "each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA." 
Vineyard Aviation, LLC Section 333 Exemption Petition

11

An exemption is required because in order to perform the intended agricultural/real estate aerial surveys 

and inspections, the UAS will need to be operated lower than 400 feet AGL. Further, due to the nature of 

the proposed operations, the PIC and Observer may at times be less than 500 feet away from the UAS.

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed 

herein, and given the lack of flammable fuel with the UAS operated by Vineyard Aviation, any risk 

associated with these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the 

controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight 

operations will be restricted to 400 feet AGL or below. The UAS will be operated over private or 

controlled access property with permission from the land owner/controller or authorized representative and 

all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless 

that person is in a position where he or she is shielded from the UAS and any possible debris resulting from 

UAS failure. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless 

the property owner/controller has granted permission and the PIC has made a safety assessment of the risk 

of operating closer to those objects and, operations near the PIC or Observer will not present an undue 

hazard per § 91.119(a). As a whole, these requirements ensure a level of safety better than or equal to the 

rules from which exemption is sought.

I. 14 C.F.R. § 91.121: Altimeter Settings 

Vineyard Aviation seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of 

the departure airport or barometric pressure. An exemption is required to the extent that the UAS does not 

have a barometric altimeter, but rather a GPS altitude read out. 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be 

achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within 

VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground-based 

on-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the 

PIC to confirm accuracy of the onboard GPS. See Grant of Exemption to Astraeus Aerial, Docket No. 

FAA-2014-0352 at 21. 

The UAS that Vineyard Aviation uses for performing the proposed UAS operations will meet all these 

operational characteristics. Moreover, the PIC will calibrate the aircraft's GPS compass prior to each flight 

operation. Like the Grant of Exemption to Astraeus Aerial, the UAS Vineyard Aviation intends to use

ensures that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of 

§ 191.121 is therefore appropriate. See (Phantom 3 Professional User Manual v1.0 pages 44, 45 "Calibrating 

the Compass). 
Vineyard Aviation, LLC Section 333 Exemption Petition

12

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Vineyard Aviation requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR 

conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless (consideringwind 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. 

Here, the technological limitations on UAS battery power means that no meaningful flight operations can 

be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements 

of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be 

completed within 30 minutes flight time or with 20% battery power remaining, whichever occurs first. See 

Grant of Exemption to Clayco, Inc., Docket No. FAA-2014-0507 at 15. Vineyard Aviation intends to conform 

to this limitation, and therefore provides an equivalent level of safety. In addition, the DJI Phantom 3 

Professional utilizes many failsafe features to ensure adequate energy reserves for safe return including: Low 

Battery Warning, Critical Battery Warning, and a Low Battery Return To Home (RTH) feature (Phantom 3 

Professional User Manual v1.0 pages 12, 13). 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

 Maintenance Inspections 

Vineyard Aviation seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that 

each owner or operator of an aircraft shall have the aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections have discrepancies repaired as prescribed in part 43 of this chapter). 

An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft 

with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not 

have.

An equivalent level of safety will be achieved due to maintenance and inspections performed in accordance 

with the Manufacturer's Manuals and any required manufacturer Safety or Service Bulletins. Furthermore, 

the PIC will conduct a pre-flight inspection of the UAS and all associated equipment to account for 

discrepancies and/or inoperable components. Maintenance will be performed and verified to address any 

conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until all 
Vineyard Aviation, LLC Section 333 Exemption Petition

13

flight critical components of the UAS have been found to be airworthy and in a condition safe for 

operation. A functional test flight will be conducted following the replacement of any flight-critical 

components. The PIC who conducts the functional test flight will make an entry in the UAS aircraft 

records of the flight.

VI. Public Safety, Interest, and Benefit 

Vineyard Aviation's Petition for Exemption will be in the interest of public safety and contribute to the 

innovation and implementation of new safety protocols for UAS operators. Congress has established a 

national policy that favors early integration of UAS into the NAS in controlled, safe working environments 

such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in 

passing Section 333(a) through (c) of the Reform Act—the FAA Administrator's assessment of whether 

certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking. The 

granting of this petition will also help lead the way for a better controlled environment in the commercial 

use of UASs.

The proposed UAS operations in this Petition for Exemption significantly improve safety and reduce risk 

by alleviating the public's exposure to danger and emissions associated with traditional agricultural & real 

estate aerial survey and inspection methods. Specifically speaking, full size fixed-wing aircraft and 

rotorcraft are traditionally used for these types of surveys. Vineyard Aviation intends to use a battery 

powered light weight quad-copter which creates no emissions. Moreover, in the unlikely event that the 

Petitioner has a UAS crash, there is no fuel to ignite and explode. Any incident involving the Petitioner's 

lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than 

one that would involve a full size helicopter or fixed-wing aircraft. 

Moreover, the agricultural modeling and imaging resulting from Vineyard Aviation's UAS will provide 

farmers and growers with valuable information needed so that they can produce more from their land while 

conserving valuable resources like water and energy. The ability to pinpoint and precision spray pesticides 

reduces human exposure to pesticides and also mitigates negative side-effects on the ecology of the farm

associated with overuse of pesticides. The public as a whole will benefit from an agricultural industry that 

can harness the power of new technologies to produce better crops in a cost-effective, sustainable and 

environmentally conscious manner. 

Vineyard Aviation's imaging capabilities will also provide builder and community geographical awareness 

in real estate development. The use of a UAS will provide a more cost-effective method of imaging that 

isn't afforded to small private business, allowing them to be more competitive in the marketplace. A small 

UAS without people on board will also allow the operator to obtain images that aren't currently able to be 

viewed without extreme measures via helicopter or fixed-winged aircraft. The small size and extreme 

maneuverability of the UAS will allow the PIC to avoid hazards quickly and safely without the risks of 

catastrophic crash associated with full scale aircraft. 
Vineyard Aviation, LLC Section 333 Exemption Petition

14

VII. Privacy

All Vineyard Aviation's UAS operations will be conducted in accordance with applicable federal, state, or local 

laws regarding privacy. Vineyard Aviation will not conduct flight operations over property that it does not own 

or control without the prior consent and knowledge of the property owner.

VIII. UAS Manufacturer's Manual
Vineyard Aviation, LLC Section 333 Exemption Petition

15
Vineyard Aviation, LLC Section 333 Exemption Petition

16
Vineyard Aviation, LLC Section 333 Exemption Petition

17
Vineyard Aviation, LLC Section 333 Exemption Petition

18
Vineyard Aviation, LLC Section 333 Exemption Petition

19
Vineyard Aviation, LLC Section 333 Exemption Petition

20
Vineyard Aviation, LLC Section 333 Exemption Petition

21
Vineyard Aviation, LLC Section 333 Exemption Petition

22
Vineyard Aviation, LLC Section 333 Exemption Petition

23
Vineyard Aviation, LLC Section 333 Exemption Petition

24
Vineyard Aviation, LLC Section 333 Exemption Petition

25
Vineyard Aviation, LLC Section 333 Exemption Petition

26
Vineyard Aviation, LLC Section 333 Exemption Petition

27
Vineyard Aviation, LLC Section 333 Exemption Petition

28
Vineyard Aviation, LLC Section 333 Exemption Petition

29
Vineyard Aviation, LLC Section 333 Exemption Petition

30
Vineyard Aviation, LLC Section 333 Exemption Petition

31
Vineyard Aviation, LLC Section 333 Exemption Petition

32
Vineyard Aviation, LLC Section 333 Exemption Petition

33
Vineyard Aviation, LLC Section 333 Exemption Petition

34
Vineyard Aviation, LLC Section 333 Exemption Petition

35
Vineyard Aviation, LLC Section 333 Exemption Petition

36
Vineyard Aviation, LLC Section 333 Exemption Petition

37
Vineyard Aviation, LLC Section 333 Exemption Petition

38
Vineyard Aviation, LLC Section 333 Exemption Petition

39
Vineyard Aviation, LLC Section 333 Exemption Petition

40
Vineyard Aviation, LLC Section 333 Exemption Petition

41
Vineyard Aviation, LLC Section 333 Exemption Petition

42
Vineyard Aviation, LLC Section 333 Exemption Petition

43
Vineyard Aviation, LLC Section 333 Exemption Petition

44
Vineyard Aviation, LLC Section 333 Exemption Petition

45
Vineyard Aviation, LLC Section 333 Exemption Petition

46
Vineyard Aviation, LLC Section 333 Exemption Petition

47
Vineyard Aviation, LLC Section 333 Exemption Petition

48
Vineyard Aviation, LLC Section 333 Exemption Petition

49
Vineyard Aviation, LLC Section 333 Exemption Petition

50
Vineyard Aviation, LLC Section 333 Exemption Petition

51
Vineyard Aviation, LLC Section 333 Exemption Petition

52
Vineyard Aviation, LLC Section 333 Exemption Petition

53
Vineyard Aviation, LLC Section 333 Exemption Petition

54
Vineyard Aviation, LLC Section 333 Exemption Petition

55
Vineyard Aviation, LLC Section 333 Exemption Petition

56
Vineyard Aviation, LLC Section 333 Exemption Petition

57
Vineyard Aviation, LLC Section 333 Exemption Petition

58
Vineyard Aviation, LLC Section 333 Exemption Petition

59
Vineyard Aviation, LLC Section 333 Exemption Petition

60
Vineyard Aviation, LLC Section 333 Exemption Petition

61
Vineyard Aviation, LLC Section 333 Exemption Petition

62
Vineyard Aviation, LLC Section 333 Exemption Petition

63
Vineyard Aviation, LLC Section 333 Exemption Petition

64
Vineyard Aviation, LLC Section 333 Exemption Petition

65
Vineyard Aviation, LLC Section 333 Exemption Petition

66
Vineyard Aviation, LLC Section 333 Exemption Petition

67
Vineyard Aviation, LLC Section 333 Exemption Petition

68
Vineyard Aviation, LLC Section 333 Exemption Petition

69
Vineyard Aviation, LLC Section 333 Exemption Petition

70
Vineyard Aviation, LLC Section 333 Exemption Petition

71
Vineyard Aviation, LLC Section 333 Exemption Petition

72

IX. Summary the FAA may publish in Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations: 

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119; 

91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property owners from the 

substantial hazards associated with performing equivalent agricultural aerial surveys and inspections with 

conventional fixed-wing aircraft, rotorcraft, or other methods.

X. Conclusion

Vineyard Aviation's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated 

areas, operation within VLOS and national security. The proposed UAS operations will benefit the public 

as a whole by improving safety and reducing risk by alleviating human exposure to danger and having a

current FAA ATP rated PIC actively involved in the UAS business community. In consideration of the 

foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting 

the requested exemptions allowing Vineyard Aviation to use UASs for aerial imaging to enhance 

individual and company awareness in relation to agricultural, geological, and real estate survey and 

inspection.

I thank you for your prompt consideration of the requested exemptions. Should you have any 

questions, or if you need any additional information to support the requested exemptions, please feel free to

contact me at: 

Vineyard Aviation, LLC

c/o Justin Burrell

13253 Saint Tropez Circle

Palm Beach Gardens, Fl 33410

Tel: 504-453-8254

Email: jburr737@gmail.com