3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

Federal Aviation Administration

US Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E

Washington, DC 20590

To Whom It May Concern:

This application is being submitted on my own behalf.

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

and 14 C.F.R. Part 11, 3D-OPS, hereby seeks and applies for an exemption to the Federal 

Aviation Regulations (FARs) to allow 3D-OPS to operate Unmanned Aircraft Systems (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) under the 

conditions and limitations set forth in this petition or as may be established by the FAA as 

required by Section 333.1. The requested exemption would permit 3D-OPS to operate UAS for 

the purpose of providing:

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering, construction and other related professional 

activities;

 Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gatherings;

 Aerial inspection/photography of residential/commercial structures, either existing or under 

construction, under contract with the owners or local government authority;

 Aerial inspection/photography of residential/commercial utility and transportation 

infrastructure included but not limited to electrical power lines, wind turbines, rail tracks, and 

cell towers;

 Aerial video/photography or providing live video feed to assist with law enforcement 

operations, rescue and recovery operations, or cases of an emergency or natural disaster 

when local authorities or government has requested support with the proper authority;

 The ability to offer training to persons or individuals belonging to both private and/or public 

organizations that have interests in the use and application of UAS for the purpose of the safe 

operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for 

protection of the persons and property.
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

As described more fully below, the requested exemption will be subject to strict operating 

requirements and conditions to ensure at least an equivalent level and safety to currently 

authorized operations using manned aircraft and under the conditions as may be modified by 

the FAA as required by section 333.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act. The name and address of the applicant is:

3D-OPS

Contact: John Carey

8800 Creekstone Circle

Roseville, CA 95747

916-742-5695

Regulations from which the exemption is requested:

14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 

CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required under Reform Act § 333(b) 

to determine which types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• 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 visual line of sight of the operator. 

Lastly, if the Secretary determines under Reform Act § 333(c) 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.”

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, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for 

the safe operation of the UAS, if it should be determined that the conditions set forth herein do 

not fulfill the statutory requirements for approval. 

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

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

The primary vehicle to be used will be the DJI Inspire. While vehicles may be upgraded as new 

technological and safety advanced occur the bar for operation and safety will be set by DJI 

Inspire and any new vehicles or versions will exceed the current safety and operational 

standards. No vehicle operated by 3D-OPS will be modified from the manufacturers design 

unless specifically directed by the same manufacturer.

Brief explanation of the DJI Inspire based on data provided from manufacturer:

The Inspire is a small UAS manufactured by DJI headquartered in Shenzen, China.

The Inspire is a four rotor UAS using four brushless motors to provide lift with four 13 inch rotor 

blades. The motors are controlled by four electronic speed controllers (ESC) with sinusoidal 

drive and are specifically tuned for the Inspire configuration with distinct functional 

redundancy. The Inspire is powered by an integrated Li-Po battery that is monitored and 

controlled by an Intelligent Power Management System which provides data to the PIC with 

remaining flight time, distance to return home, and estimated time to return home. The Inspire 

uses dual positioning with intelligent GLONASS + GPS for positioning data. The main controller 

uses an Inertial Measurement Unit (IMU) with a 6-axis gyroscope and accelerometer to monitor 

miniscule changes in tilt and movement, thus allowing the UAS to compensate and adjust 

immediately holding position at all times. Failsafe functions built-in puts the Inspire on 

autopilot when needed if the battery runs low or communication with the PIC is lost and 

returns the Inspire to the recorded “home position” at time of launch.

On screen data available to the PIC includes but not limited to: location map, first person video 

(FPV), number of satellites accessible, height from ground (redundant sensors), horizontal 

distance from PIC, horizontal speed, vertical speed, battery percent remaining, flight time 

remaining, time to return home, camera controls, and communication status between remote 

controller and aircraft.

Specs:

Weight – 6.47 pounds including battery.

Max horizontal speed – 49.2 MPH

Max flight time - ~18 minutes.

Dimensions – 1.4 x 1.5 x .99 feet
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

Given the small size and weight of our UASs, the applicant falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due to the 

size of the UASs and the restricted areas in which the relevant UASs will operate, approval of 

the application presents no national security issue. Given the clear direction in Section 333 of 

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for photography, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. Such operations will insure 

that the UAS will “not create a hazard to users of the national airspace system or the public.” 

These limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe filming operations conducted with conventional aircraft. 

These limitations and conditions to which 3D-OPS agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 lbs.;

2. Flights will be operated within line of sight of the pilot in command and/or 

observer;

3. The UAS will have a maximum operating speed of no more than 100 mph;

4. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever 

occurs first;

5. Flights will be operated at altitude of no more than 400 feet AGL or no more than 

200 feet above an equivalent platform from which filming is planned;

6. UAS Pilot will be Pilot in Command (PIC) 

7. Minimum crew for each operation will consist of the UAS PIC and a visual observer 

(VO), the latter of which may serve as camera operator;

8. The UAS pilot designated as PIC will have completed the manufacturers authorized 

training/tutorial program, demonstrate proficiency operating specific UAS being 

used, and will possess a current State Driver’s License;

9. No changes to PIC will be made from the time that pre-flight is to be performed 

through the landing of a given flight; 
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

10. A briefing will be performed between no less than the PIC and VO regarding the 

planned UAS operations prior to each day’s flight consisting of all days activities;

11. All flights will occur under visual flight rules meteorological conditions (VFR only);

12. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated;

13. The PIC and VO will be able to communicate by voice at all times;

14. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a 

designated location and land;

15. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies;

16. PIC will set the UAS to automatically return home in event PIC is incapacitated.

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 

200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less 

than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions 

and within visual line of sight (VLOS) of the PIC, and stay certain distances away from airports or 

heliports.

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

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft. The regulation requires:

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.

Even though the UAS will have no airworthiness certificate, an exemption is needed as the UAS 

has no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be

placed. Given the size of the UAS, two-inch lettering will be impossible. 

No person may operate a U.S.-registered civil aircraft ...

For which an Airplane or Rotorcraft Flight Manual is not 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.

The UAS, given its size and configuration has no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. An equivalent level 

of safety will be provided by the PIC in checking the UAS before each flight for physical 

condition, calibration of instruments as required by the UAS manual, and ensuring that all flight 

surfaces and controls are consistent with safe flight. The PIC will take all actions including 
3D-OPS

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Three Dimensional - Observation Platform Systems

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction. Section 91.103 provides that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. 

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes. Section 91.119 establishes safe altitudes for 

operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the 

minimums prescribed, provided the person operating the helicopter complies with any route or 

altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited conditions stated in 

the Manual, the UAS will never operate at higher than 400 AGL. 

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

as the location where it is operated. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft 

to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the 

departure airport or an appropriate altimeter setting available before departure.” As the UAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual 

and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

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

prohibits an individual from beginning “a flight in an airplane under VFR conditions unless 

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

of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that 
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery 

powering the UAS provides approximately 30 minutes of powered flight. To meet the reserve 

requirement in 14 CFR §91.151, UAS flights would be limited to no more than 20 minutes in 

length. Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is not required.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the UAS with less than 30 minutes of reserve fuel, 

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the UAS. Additionally, limiting UAS flights to no more than 20 minutes would 

greatly reduce the utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 

minutes or 25% of battery power whichever occures first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

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

regulation provides in pertinent part:

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 UAS fully-loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this 
3D-OPS

3D-OPS johncarey8899@comcast.net 916-742-5695

Three Dimensional - Observation Platform Systems

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These 

regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, 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.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

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

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close 

to the ground, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant’s UAS for the 

purposes and under the conditions stated above.

Sincerely,

John Carey

Sole Proprietor

3D-OPS

8800 Creekstone Circle

Roseville, CA 95747

Johncarey8899@comcast.net

916-742-5695