U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Petition of Airway Drones, LLC for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012. 

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part I I, 

Airway Drones, LLC, hereby applies for an exemption from Federal Aviation Regulations 

(FARs) identified below, to allow commercial operations of small unmanned aerial system (i.e., 

sUAS). 

This exemption is in accordance with protocols outlined in this petition for exemption, including the 

enclosed UAS manufacturer's operations and/or instructions manual, OAS User's Manuals, 

UAS Quick Start Guides, and any other requirements established by the FAA pursuant to Section 

333 of the Reform Act. 

This exemption would permit commercial operation by Airway Drones, LLC, which uses DJI 

Phantom 3 Professional, Dll SlOOO+, and DJI S900 to conduct sUAS flight training, support to news 

services, real estate photography and videography, construction, waterway and land planning and use 

photography, agriculture, education, oil and gas industry infrastructure inspection and demonstration 

flights. 

Airway Drones, LLC's operation under the exemption will be subject to strict operating requirements 

and conditions to ensure an equivalent level of safety to currently authorized operations using 

manned aircraft and under conditions as may be modified by the FAA as required by Section 333. 

Airway Drones, LLC will be operated under controlled VFR conditions at low altitude in airspace 

that is permitted in accordance with Airway Drones, LLC's approved Certificate of Authorization 

(COA). They will operate the sUAS's with pilots who are current and qualified with a FAA Pilot 

Certificate and only after completing Airway Drones, LLC's training program. Finally, when 

operating within controlled airspace, the controlling FAA A TC will approve the airspace in which 

the sUAS will operate in advance. 

Airway Drones, LLC respectfully submits this request for an exemption because it operates 

sUAS's. The operations Airway Drones, LLC will be conducting will be in lieu of comparatively 

hazardous operations required with fixed wing conventional aircraft. The FAA can have confidence 

that the operations will be conducted at an equivalent level or greater level of safety. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish requirements 

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

For your convenience, Airway Drones, LLC has organized this Exemption request as follows: 
I. Petitioner's Description 

II. Relevant Statutory Authority 

III. Qualifications for Approval Under Section 333 of the Reform Act 

IV. Description of Proposed Operations 

V. Regulations From Which Exemption is Requested 

VI. Public Interest 

VII. Privacy 

VIII. Federal Registry Summary 

IX. Conclusion 

I. Petitioner's Description 

Airway Drones, LLC, headquartered in Mobile Alabama, is a company that provides sUAS flight 

training, support to news services, real estate photography and videography, construction, waterway 

and land planning and use photography, agriculture, education, oil and gas industry infrastructure 

inspection and demonstration flights in a compliant and safe environment. Airway Drones, LLC 

plans on providing a wide range of services as the sUAS market expands. 

The management at Airway Drones, LLC is an FAA certificated pilot and has 3 years experience 

operating sUAS's. All Airway Drones, LLC pilots will hold Private certificates or above in fixedwing or rotary-wing aircraft. 

The contact information for Petitioner is as follows: 

Airway Drones, LLC. 

3135 James Madison Dr E 

Mobile AL 36693 

II. Relevant Statutory Authority 

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through 

( c) of the 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 consider whether certain unmanned aircraft systems may operate 

safely in the National Airspace ("NAS") before completion of the formal UAS rulemaking, based on 

the following considerations: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 
• Operation of the UAS within the visual line of sight of the operator. 

If the Secretary determines that such vehicles "may operate safely in the National Airspace System, 

the Secretary shall establish requirements for the safe operation of such aircraft in the National 

Airspace System". 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

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

the public interest. A party requesting an exemption must explain the reasons why the exemption: (l) 

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

provide a level of safety at least equal to the existing rules). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections. 

ID. Qualifications for Approval Under Section 333 of the Reform Act 

The proposed operations in this petition for exemption qualify for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied. 

The proposed operations would permit Airway Drones, LLC the use of small UAS under controlled 

conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an 

increased level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose. 

Airway Drones, LLC uses UASs that are multirotor airplanes, weighing less than 55 pounds 

including payload. They operate, under normal conditions, at speeds not to exceed 50 mph. The 

multirotor has the capability to hover and move in the vertical and horizontal plane. Airway Drones, 

LLC's UASs will operate in line of sight, during daylight hours, and will only operate within a sterile 

area. Airway Drones, LLC will operate at or below 400 feet AGL and will file a NOTAM for each 

flight operated in controlled airspace that is required. All required permissions and permits would be 

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

other appropriate governmental agencies prior to operating a sUAS. 

Given the small size of the sUAS's involved and the restricted sterile environment within which 

they will operate, this Airway Drones, LLC's exemption falls within the zone of safety and 

demonstrate an equivalent level of safety, in which Congress desired the FAA to permit commercial 

UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the 

sUAS's and the confined area in which these UAS's will operate, approval of the application presents 

no hazard in the NAS. 
Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the 

public interest. 

IV. Description of Proposed Operations 

To assist the FAA in its safety assessment of Airway Drones, LLC's proposed sUAS operations, 

below is a summary of operational limitations and conditions that will ensure an equivalent or higher 

level of safety to operations conducted under current regulatory guidelines: 

1. The sUAS will weigh less than 55 pounds. 

2. Flights will be operated within line of sight of the PIC and/or visual observer. 

3. Maximum total flight time for each operational flight will be limited to the amount of 

time the sUAS can be flown and still maintain a reserve battery power quantity of no less 

than 25%. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited 

structures, buildings, vehicles, vessels, people not associated with the operation or who 

have not signed a waiver in advance of the operation. 

6. Minimum crew for each operation will consist of the sUAS Pilot in Command and a 

Visual Observer when operating with the use of First Person View (FPV) equipment. 

Additional crewmembers may consist of a Pilot and a Camera Operator. 

7. The sUAS Pilot in Command will be an FAA licensed airman with at least a private 

pilot's certificate, third class medical, and a current check required by 14 CPR Part 

61 .56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

8. Airway Drones, LLC will designate a Pilot in Command ("PIC") for each mission. 

9. The sUAS will operate only within a confined sterile area. 

10. Prior to the operations at a particular location, a site inspection will have been 

conducted. On the day of the mission the management person with operational control 

and the PlC will concur on dispatching of the mission. 

11. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's missions. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the sterile area be present for this briefing. 

12. Airway Drones, LLC crew will use the checklist and callouts. 
13. All sUAS's will be maintained in compliance with the manufacturer's and Company 

guidelines. 

14. In the event of an accident involving an Airway Drones, LLC sUAS, the PIC will 

cease operations and report the accident to the NTSB and AFS-80. 

15. Pilot in Command and Visual Observer will at all times be able to communicate by 

voice. 

16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational 

Personnel will have been trained and tested in accordance to Airway Drones, LLC's 

UAS Aircraft Training Manual. 

I 7. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire or other appropriate governmental 

agencies. 

18. In compliance with the approved Waiver, Airway Drones, LLC management will 

submit a written "Plan of Activities" to the local Flight Standards District Office (FSDO) 

having jurisdiction over the area of proposed filming three days in advanced of 

operations during film or movie productions. 

19. If the sUAS loses communications signal, the sUAS will have the capability to return 

to a pre-determined location within the Sterile Area and land. 

20. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer. 

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

22. Airway Drones, LLC, will assure no individuals' privacy is violated. 

23. ATC will be contacted prior to operating in airspace other than G. 

V. Regulations From Which Exemption is Requested 

A. 14 CPR§ 91.103: Preflight Action 

B. 14 CFR § 91.113: Right-of-Way Rules 

C. 14 CFR § 91.l 19 (c): Minimum Safe Altitudes 

D. 14 CFR § 91.121: Altimeter Settings 

E. 14 CFR § 91.151 (b): Fuel Requirements for Flight in VFR Conditions 

F. 14 CFR § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.41 ?(a) and (b): Maintenance 
Inspections 

A. 14 CFR § 91.103: Preflight Action 

Airway Drones, LLC requests an exemption from the preflight actions requirements of 14 

CFR 91.113 that prescribes the preflight actions under which aircraft may operate: 

Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. 

(a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the pilot in command has been advised 

by ATC; 

(b) For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information: 

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and 

(2) For civil aircraft other than those specified in paragraph (b )(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross weight, 

and wind and temperature. 

Airway Drones, LLC will not operate sUAS's under IFR conditions or when the ceilings are below 

1000 feet and the visibility is below 3 statute miles. Dn has not published approved Rotorcraft Flight 

Manual containing takeoff and landing distance data. 

Equivalent Level of Safety 

Airway Drones, LLC will ensure that the weather will be adequate to complete the mission in VFR 

conditions. Since Airway Drones, LLC operates in traditionally density altitude area, never usually 

above 2000 feet MSL, UAS performance is not affected. When Airway Drones, LLC operates at a 

high altitude location, the UAS will be test flown at gross weight to test performance limitations prior 

to conducting commercial operations. 

B. 14 CFR 91.113: Right-of-Way Rules 

Airway Drones, LLC request an exemption from 14 CFR 91 . 1 13 Right-of-way rules, requiring 

vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of 

this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may 

not pass over, under, or ahead of it unless well clear. 

Airway Drones, LLC operates small pilotless UAS's and cannot comply with these rules as they have 

been written. 
Equivalent Level of Safety 

Airway Drones, LLC operates sUAS's at or below an altitude of 400 feet AGL, well below the 

normal operating altitude of other aircraft. An Airway Drones, LLC PIC with extensive aeronautical 

experience will oversee each mission and has knowledge of the avoid rules. A Visual Observer will 

assist the PIC in looking for aircraft entering the operations area. It's the responsibility of the PIC to 

cease operations and land the UAS immediately whenever any aircraft comes into the vicinity 

creating a potential threat. Operations cannot recommence until the threat is clear. 

C. 14 CFR. § 91.119: Minimum Safe Altitudes 

Airway Drones, LLC requests an exemption from the minimum safe altitude requirements of 

14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate: 

• Over any congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 

2,000 feet of the aircraft. 

• Over other than congested areas at an altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. 

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." 

To provide the intended operations, the sUAS is normally operated below 400 feet AGL. 

Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral 

distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from 

people not associated with the operation. 

Equivalent Level of Safety 

Compared to flight of normal aircraft, Airway Drones, LLC's multi-rotor aircraft weigh a 

maximum of 55 pounds, and given the lack of flammable fuel, 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 as the 

location where it is operated. The sUAS will be operated in a sterile area, where buildings and 

people will not be exposed to operations without their pre-obtained consent. Because of the 

advance notice to the property owners and participants, all affected individuals will be well 

aware of the planned flight operations. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with aircraft that 

are subject to the minimum safe altitude regulations. Finally, the successful safety record of the 

OJI sUAS's demonstrates that the sUAS can be safely used at these lower altitudes and closer 

operating environments. 
D. 14 C.F.R. § 91.121: Altimeter Settings 

Airway Drones, LLC seeks an exemption from 14 CFR 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 because some of 

the sUAS aircraft do not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved in that Airway Drones, LLC will confinn the 

altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC 

will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring 

operation at safe altitudes. 

E. 14 CFR 91.lSl(a): Fuel Requirements for Flight in VFR Conditions 

Airway Drones, LLC requests an exemption from 14 CFR § 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 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing, and assuming nonnal cruising speed -

(1) During the day, to fly after that for at least 25 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

The batteries powering Airway Drones, LLC's UAS's provide approximately 10-18 minutes of 

powered flight. To meet the 30 minutes reserve requirement in 14 CPR 91.151, sUAS flights 

could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of 

its proposed operations within a predetennined area, a safety margin based on a reserve amount of 

battery life is needed. 

Airway Drones, LLC will not be conducting any sUAS flights at night. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because the operations will be conducted on-site 

without significant transit time by the sUAS. All flights will be planned to terminate with no less 

than 25% reserve battery power still available. This restriction would be more than adequate to 

return the sUAS safely to its planned landing zone from anywhere in its confined area of operation 

even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of 

reserve fuel does not include the type ofrisks that Section 91.15l(a) was intended to alleviate given 

the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. 

Moreover, operation will be limited to controlled areas where only people and property owners, or 

official representatives who have signed waivers will be allowed. 
F. 14 CFR § 91.405(a), 91.407(a)(I), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections 

Airway Drones, LLC also seeks an exemption from the maintenance inspection requirements 

contained in 14 CPR 91.405(a), 9l.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 CPR Part 43. 14 CPR 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 to these regulations is needed because Part 

43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS 

will not have. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with DJI User's Manuals. The operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. The operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations 

will only take place in restricted areas for limited periods of time during daylight hours, creates less 

risk than that associated with conventional rotorcraft performing the same operation. 

VI. PUBLIC INTEREST 

Granting Airway Drones, LLC an exemption furthers the public interest. National policy set by 

Congress favors early integration of sUAS into the national airspace in controlled, safe working 

environments such as those proposed in this petition. The one vision of Airway Drones, LLC is to 

help facilitate safe integration of sUAS's into mainstream USA in the following areas: 

• Training 

To ensure that UAS Operators are properly trained and certified to safely operate their 

particular type of sUAS aircraft. Also, training will be conducted in the type of operations 

the PIC will be using their aircraft. 

• Real Estate 

The sUAS can be used in all areas of real estate, including commercial, residential and 

industrial properties. Using a sUAS, real estate professionals can create promotional 

videos, photos and unique shots that normal camera aspects cannot capture. Airway Drones, 

LLC's easy-to-use video and photo platform enables properties to stand out, providing views 

that are typically shown via expensive computer animation or costly helicopter rentals. The 

remote platform is great for new planning zoning and large developments. Simple and easyto-use video and photos allow for multiple height pictures and elevation views. 

• Cinematography 
Whether the shot requires unique views and expansive panning or extreme altitude with 

radical views, the UAS is designed to hold up under demanding conditions. Because of 

the autopilot feature with pre-designed mission management and RIC control interrupt, 

the pilot and camera operator can easily create the ultimate shot with HD video or HD 

still photos. 

• News Gathering 

Similar to movies and videography, each news assignment may require a completely 

different shot or view of a scene. With budgets for traditional helicopter use being greatly 

reduced, the UAS is the perfect solution to allow for easy news gathering for a fraction of 

the cost. The sUAS can and will be operated in a sterile area away from the public, while 

the traditional helicopter must hover over persons and property increasing the danger to 

individuals. 

• Agriculture and Conservation 

Airway Drones, LLC would introduce and demonstrate to farmers of all types that the 

sUAS can aid commercial agriculture, land management and conservation efforts by 

assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can fly 

pre-saved missions via the fully automated ground station, which allows for time-lapse 

photos of fields, crops and known land tracts. It also can accurately recreate the same 

pattern during all seasons, providing invaluable data for land and soil management. 

Using HD video, HD photos, and IR cameras allows for detailed analysis and recording. 

With photo rendering software, 3D maps and topography can be used in conjunction with 

time-lapse photos to create highly detailed maps for erosion, flood mapping and other 

critical aspects of land management. 

• Oil and Gas Industry Infrastructure Inspection 

Airway Drones, LLC will use HD video, HD photos, and IR cameras to inspect critical oil 

and gas infrastructures allowing detailed analysis prior to scheduled maintenance. This 

analysis will enable repair crews to minimize down-time which in turn will greatly improve 

production efficiency. 

VII. Privacy 

Airway Drones, LLC is committed to protecting the public privacy. Airway Drones, LLC knows that 

some individuals have concerns about privacy from the operations of sUAS 's. Airway Drones, LLC 

will inform residents, commercial property owners, churches, schools, and governmental 

organizations of our intent to conduct commercial drone operations in proximity to their property. 

VIII. Federal Registry Summary 

Pursuant to 14 CPR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Airway Drones, LLC. seeks an exemption from the following rules: 
14 CPR 91.103; 14 CPR 91.113; 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151(a); 14 CPR 

91.405(a); 14 CPR 91.407(a)(l); 14 CPR; 91.409(a)(2); 14 CPR 91.417 (a) & (b). 

Approval of this exemption request allows Airway Drones, LLC to conduct commercial operations 

with small and lightweight unmanned aerial systems. Airway Drones, LLC is committed to safety, 

education, and solutions, which enhance safety of sUAS operations in the NAS while reducing risk to 

the general public and property owners. 

Airway Drones, LLC uses sUAS, weighing less than 55 pounds and powered by batteries. This 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on 

board as compared to manned aircraft. The sUAS is transported to the designated mission area and 

set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights. 

The operation of this small UAS will provide an equivalent level of safety, supporting the grant 

of the exemptions requested herein, including exempting the applicant from the requirements of 

several regulations and allowing commercial operations. These lightweight sUAS's operate at 

slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than 

conventional aerial survey and inspection operations conducted with fixed wing aircraft or 

helicopters. 

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned. 

Very Respectfully, 

[iJ_J) 1/1!;5~ 

Donald W Barrett Jr. 

President 

Airway Drones, LLC 

Phone: 251.438.7497 

Info@AirwayDrone.com