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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

The Sterling Group

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL 

OPERATION OF A

DJI PHANTOM, DJI PHANTOM 2, DJI PHANTOM 3, DJI 

INSPIRE 1, 3DR SOLO, SPLASH DRONE, AND PLEXIDRONE

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on December 3, 2015

The Sterling Group

CAPT Brian Taggart, NOAA (Ret)

1700 N Ridgecliff Ln

Boise, ID 83702

301-728-9732

FAA Airman Certificate - ATP 3029764
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SUMMARY

The Sterling Group seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit The 

Sterling Group to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial acquisitions and research over areas of the United States.

INTRODUCTION AND OBJECTIVE OF THE PETITIONER

The Sterling Group provides its clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. The 

Sterling Group has over 30 years of professional experience in aviation. CAPT Brian 

Taggart, a sole proprietor, is a retired NOAA Corp Officer with over 6000 hours flying 

fixed wing aircraft. Flying experience includes marine mammal research, aerial remote 

sensing, and severe weather research. UAS operators for The Sterling Group will 

include retired NOAA pilots. The objective of The Sterling Group is to provide a UAS 

solution for aerial mapping, aerial surveying, industrial inspections, aerial videography 

and photography, wildlife and forestry monitoring, and assist with search and rescue 

operations.

All communications regarding The Sterling Group petition should be directed to:

Brian Taggart 

The Sterling Group 

1700 N Ridgecliff Ln

Boise, Idaho 83702

301-728-9732

sterling.group@aol.com

UNMANNED AERIAL SYSTEMS

DJI Phantom, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash 

Drone, and Plexidrone

The Sterling Group seeks an exemption to operate the above named drones for 

compensation or hire within the NAS. 

The UASs that will be operated by The Sterling Group 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.
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BASIS FOR PETITION

Petitioner, The Sterling Group, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the identified drones in the 

National Airspace System (NAS), and for an exemption from the requirements of 14 

C.F.R §§:

• 61.113(a) & (b)

• 91.7(a)

• 91.121

• 91.151(b)

• 91.405(a)

• 91.407(a)(1)

• 91.409(a)(1) & (a)(2)

• 91.417(a) & (b)

The following subsections describe The Sterling Group request for an exemption from each 

of these regulations and demonstrate how The Sterling Group operations will provide for at 

least an equivalent level of safety compared to the current regulatory structure that applies 

to manned aircraft. 

A. Regulations for which an Exemption and Relief is Requested

1. Section 61.113 (a) & (b) – Pilot Limitations

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private 

pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct 

the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection 

with any business or employment if: (1) The flight is only incidental to that business or 
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employment; and (2) The aircraft does not carry passengers or property for compensation 

or hire.

As set forth more fully below, The Sterling Group submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the UASs unless 

that PIC has met certain flight-hour and currency requirements, demonstrating that the 

PIC is able to safely operate either the UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures.

Further, The Sterling Group submits that all flights of the UASs, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to The Sterling Group 

business; and (2) will not carry passengers or property for compensation or hire.

2. Section 91.7(a) – Civil Aircraft Airworthiness

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following:

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

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow The Sterling Group to determine that the UASs are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., Instruction Manual).

The Sterling Group seeks the requested relief because the UASs identified do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefore, The Sterling Group will ensure that the UASs are in airworthy condition based 

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and 

Instruction Manual) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and limitations below.

3. Section 91.121 – Altimeter Settings

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part:

(a) 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--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 
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this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) 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.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the UASs, which utilize a barometric pressure sensor, GPS equipment, and 

a radio communications telemetry data link to downlink altitude information from the 

UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) 

in feet above ground level (AGL), The Sterling Group seeks the requested relief because 

the UASs altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. As more fully set forth herein, an equivalent level of safety will be 

maintained since the UAs are equipped with a barometric pressure sensor and GPS 

equipment, which automatically ensures that a ground level pressure setting will be 

established prior to each flight, and provides the PIC with altitude information of the UA 

on the heads-up display of the GCS.

4. Section 91.151(b) – Fuel Requirements for Flight in VFR Conditions

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly 

after that for at least 20 minutes.

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered UASs during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), 

for a total duration of 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes. The Sterling Group seeks 

the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered UASs will severely constrain the practicality of any aerial 

video or still photo flight operations that The Sterling Group proposes to conduct pursuant 

to this Petition.

Significantly, as set forth below, the technical specifications of the UASs, the operating 

documents, and The Sterling Group proposed operating limitations, ensure that The 

Sterling Group will safely operate the battery powered UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), with enough battery 
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power to fly for a total duration of 13.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Section 91.405(a); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); and 

91.417(a) & (b): - Maintenance Sections

• Section 91.405, entitled Maintenance required, subsection (a), states the 

following: 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[.]

• Section 91.407, entitled Operation after maintenance, preventive 

maintenance, rebuilding, or alteration, subsection (a)(1), states the 

following:

(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[.]

• Section 91.409, entitled Inspections, subsection (a), states the following:

(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 --

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 

43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

• Section 91.417, entitled Maintenance records, subsections (a) and (b), 

state the following:

(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:

(1) Records of the maintenance, preventive maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other required 

or approved inspections, as appropriate, for each aircraft (including 

the airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include--
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(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each 

propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program 

under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, 

the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when 

the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for 

each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for 

the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 

1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the 

aircraft is sold

(3) A list of defects furnished to a registered owner or operator under 

§ 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service.

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, The Sterling Group requests relief from 

these Sections because the identified UASs do not require airworthiness certificates. As 
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set forth more fully below, the UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, The Sterling Group will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

UASs using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e., the The Sterling Group Aerial Operations Manual, Monthly Maintenance 

Log, and Instruction Manual). Furthermore, The Sterling Group will document and 

maintain all maintenance records UASs.

B. Public Interest

Granting the present Petition will further the public interest by allowing The Sterling 

Group to safely, efficiently, and economically perform aerial acquisitions and research

over areas of the United States.

Additionally, use of UASs will decrease congestion of the NAS, reduce pollution, and 

provide significant benefits to the economy. Notably, the benefits of The Sterling Group’s 

proposed operation of the UASs will be realized without implicating any privacy issues.

1. Benefits from decreased congestion of the NAS

The UASs that will be used by The Sterling Group are battery powered and serve as a 

safe, efficient, and economical alternative to the manned aircraft traditionally utilized to 

obtain aerial imagery. By reducing the amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a UAS would reduce the amount of 

manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety 

of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The UASs 

identified do not require an airport to takeoff or land. Likewise, a reduction of manned 

aircraft conducting aerial acquisitions and research missions would result in fewer aircraft 

that must be handled by air traffic control during the ground, takeoff, departure, arrival, 

and landing phases of flight operations.

2. Benefit from the safety and efficiency of UASs

Conducting aerial acquisitions with the UASs, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight operations. By using battery 

power and electric motors, UASs produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion 

engine aircraft that are typically utilized for aerial acquisitions and research, while burning 

approximately 20-30 gallons per hour of leaded aviation fuel. The UAs, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are 

propelled by battery powered electric motors, rather than an internal combustion engine.

By using UASs to perform aerial acquisitions, the substantial risk to life and property in 

the air and on the ground, which is usually associated with traditional manned aircraft 
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flight operations, will be substantially reduced or completely eliminated. Aside from the 

lack of flight crew members located onboard the aircraft, the UAs has less physical 

potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct similar operations.

3. Benefits of UAS companies

In addition to being safe and efficient, the UASs are also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the 

UASs will allow United States based companies, like The Sterling Group, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory 

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt 

new and alternative technology in order to remain competitive. Operating the battery 

powered UASs is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility 

without the high operational cost of a traditional manned aircraft. By operating 

UASs, companies such as The Sterling Group, can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of 

U.S. companies, through commercial use of UASs, provides a stable workforce that 

increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in 

the United States and abroad.

4. Privacy 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, The Sterling Group’s proposed operation of the UASs will not implicate any 

privacy issues. Specifically, the UASs will be operated only in compliance with 

operating documents (i.e., the The Sterling Group Aerial Operations Manual, Monthly 

Maintenance Log, and Instruction Manual) which requires property owner involvement 

as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 

91.119.

C. Safety

1. UASs and the conditions of The FAA Modernization and Reform Act of 

2012 (FMRA) Section 333.

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

unmanned aircraft and its operation, The Sterling Group’s operation of the identified

UASs meet the conditions of FMRA Section 333, and will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification 

and sets forth requirements for considering whether a UAS will create a hazard to users of 
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the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA 

Section 333 states the following, in part:

(a) In General -- Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

and rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

a hazard to users of the national airspace system or the public or pose 

a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United 

States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this 

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the 

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

In seeking this exemption, The Sterling Group submits that its DJI Phantom, DJI 

Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash Drone, and Plexidrone

UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by: (a) the characteristics of the UASs; (b) the pilot certification requirement; and (c) the 

specific operating limitations.

a. Specifications of the UASs demonstrate their safe characteristics

The Sterling Group proposed UAS operations meet the requirements of, and qualify for 

expedited approval under, Section 333. The Sterling Group UASs weigh less than 55 

pounds, will operate at less than 400 feet above ground level (“AGL”), within visual line of 

sight (“VLOS”), at speeds of no more than 87 knots, and will generally comply with the 

same conditions and limitations FAA established in issuing previous Section 333 grants. 

Operations conducted under these safeguards will provide at least an equivalent level of 

safety compared to the current regulatory structure. Moreover, The Sterling Group 

operations will not “create a hazard to users of the national airspace system or the public or 

pose a threat to national security” due to the size of the UAS and the restricted areas in which 

it will operate

b. Flight operations of UASs are VLOS with a PIC and VO
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The Sterling Group will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of the UASs. 

Additionally, a Visual Observer (VO) will assist all pilots during flight time.

c. Flights of UASs will be conducted pursuant to the following 

operating limitations

In seeking this exemption, The Sterling Group proposes to commercially operate 

the DJI Phantom, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash 

Drone, and Plexidrone UASs for the special purpose of conducting aerial 

acquisitions and research over areas of United States, pursuant to the following 

specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the 

following aircraft described in the operating documents, rotorcraft UASs 

weighing less than 55 pounds maximum gross weight. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting 

operations for the purpose of aerial acquisitions and research.

3. The UAs may not be flown at speeds greater than 87 knots.

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

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL.

5. The UAs 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.

6. The use of first person view (FPV) by the PIC or Visual observer (VO) is 

not permitted.

7. All operations must utilize a visual observer (VO). 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 functions prescribed in the operating documents.

8. The VO must not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.
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9. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption 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 upon request. 

The operator must also present updated and revised documents if it petitions 

for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the 

FAA granted the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. 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. The Ground Control Station must be 

included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records.

11. 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. The PIC who conducts the 

functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning the 

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.
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17. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

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

qualification flight hours must be logged in a manner consistent with 14 C.F.R.

§ 61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the 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 C.F.R. § 

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteorological 

conditions (VMC). If flight at night is required, a special request will be made 

at the FAA office closest to proposed area of operations. Flights under special 

visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

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

the Administrator upon request.

21. 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.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles 

or emergencies in accordance with the operating documents.

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

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery 

power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

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

the grant of exemption. This COA will also require the operator to request a 
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Notice to Airman (NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to the operation. All operations shall be conducted in 

accordance with airspace requirements in the ATO issued COA including class 

of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time 

the UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned 

aviation operations and activities at all times.

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

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

persons (persons other than the PIC, VO, operator trainees or essential 

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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission 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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 

91.119(a).

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

with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.
15

33. 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.

2. Exemption from the requirements of Section 61.113(a) & (b) would not 

adversely affect safety.

The Sterling Group submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 

UASs unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering The Sterling Group’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the UAS, The Sterling Group submits 

that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for The Sterling Group’s specific

proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

The Sterling Group will not allow any PIC to operate the DJI Phantom, DJI Phantom 2, 

DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash Drone, and Plexidrone UAS unless that 

PIC has demonstrated that the PIC is able to safely operate the UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 

hours of those hours as a UAS pilot operating the same make and model of UAS to be 

used for operations under the exemption). In addition to the hour requirements, the PIC 

must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that 

was obtained in compliance with applicable regulations will ensure an equivalent level of 

safety during The Sterling Group’s proposed operations. The Administrator has held that 

prior documented flight experience that was obtained in compliance with applicable 

regulations would ensure safe operations, stating as follows:
16

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours 

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements 

to be inclusive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi-rotor time and the 10 hours may be included in 

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under 

the grant of exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA 

with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 

11138 at page 15.

Accordingly, The Sterling Group will ensure safe operations by not allowing any PIC to 

operate the UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate in a manner consistent with 

the exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

3. Exemption from the requirements of Section 91.7(a) would not 

adversely affect safety.

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, The Sterling Group will ensure that the UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents 

and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, 

in circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Exemption from the requirements of Section 91.121 would not 

adversely affect safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the UASs will be provided to the PIC via GPS equipment 

and a radio communications telemetry data link, which downlinks from the UA to the 
17

GCS for active monitoring of the flight path and altitude. This altitude information, 

combined with The Sterling Group’s operation of the UAs within visual line of sight, at 

or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The 

altitude information will be generated by GPS equipment installed onboard the aircraft. 

Prior to each flight, a zero altitude initiation point is automatically established by the 

UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Exemption from the requirements of Section 91.151(b) would not 

adversely affect safety.

A grant of this exemption would ensure an equivalent level of safety established by 14

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 

Phantom, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash Drone, and 

Plexidrone UASs; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, The Sterling Group will ensure 

that it will safely operate the battery powered UAs during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 4.5 minutes.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted 

relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 

11062, 11063,11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Exemption from the requirements of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) would not adversely affect 

safety.

In seeking this exemption, The Sterling Group submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established 

by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be 

met because The Sterling Group will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the The Sterling Group Aerial 

Operations Manual, Monthly Maintenance Log, and Instruction Manual). Furthermore, 

The Sterling Group will document and maintain all maintenance records for the UASs.
18

Since the UASs will be inspected as prescribed by the operating documents, The Sterling 

Group will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because The Sterling 

Group will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

UASs will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS 

are considered.

In consideration of The Sterling Group’s proposed operating limitations, the operating 

documents, and the technical aspects DJI Phantom, DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1, 3DR Solo, Splash Drone, and Plexidrone UASs, The Sterling Group submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

7. The FAA may prescribe any conditions for safe operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, The Sterling Group requests 

that the FAA prescribe special conditions for the intended operation of the UASs, which 

contain such safety standards that the Administrator finds necessary to establish a level of 

safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b).

Such special conditions will permit safe operation of the UAs for the limited purpose of 

conducting aerial acquisitions and research over areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS.
19

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the UASs, since the airworthiness regulations of 14 C.F.R. Part 

21 do not contain adequate or appropriate safety standards, due to the novel or unusual 

design features of the aircraft. Section 21.16, entitled Special Conditions, states the 

following:

If the FAA finds that the airworthiness regulations of this subchapter do not 

contain adequate or appropriate safety standards for an aircraft, aircraft engine, or 

propeller because of a novel or unusual design feature of the aircraft, aircraft 

engine or propeller, he prescribes special conditions and amendments thereto for 

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 

propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for The Sterling Group intended operation of the DJI 

Phantom, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash Drone, and 

Plexidrone UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

D. Summary that can be published in The Federal Register, stating: The rules from 

which The Sterling Group seeks exemption:

The Sterling Group seeks exemption from the requirements of 14 C.F.R Sections 

61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b).

Description of the exemption The Sterling Group seeks:

This exemption will permit The Sterling Group to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

acquisitions and research over areas of the United States.
20

E. Additional information to support The Sterling Group’s request

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, The Sterling Group’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without 

airworthiness certification.

As discussed in detail above, The Sterling Group will operate the DJI Phantom, DJI 

Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, Splash Drone, and Plexidrone

UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or 

otherwise pose a threat to national security.

CONCLUSION

As set forth herein, The Sterling Group seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom, DJI Phantom 2, DJI Phantom 3, 

DJI Inspire 1, 3DR Solo, Splash Drone, and Plexidrone UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial acquisitions and 

research over areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing 

The Sterling Group to safely, efficiently, and economically operate their UASs 

commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, The Sterling Group respectfully 

requests that the Administrator grant this Petition for an exemption from the requirements 

of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit The Sterling Group 

to operate their DJI Phantom, DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, 3DR Solo, 

Splash Drone, and Plexidrone UASs commercially for the purpose of conducting aerial 

acquisitions and research over areas of the United States.

Respectfully submitted,

Brian Taggart, Sole Proprietor

The Sterling Group