1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 1 of 5

April 14, 2015

CDS Corporation

Kenny McLean 

1924 Barnwell Street

Columbia, SC 29201

(803) 779-9237

Email: Kenny@CDSCorp.com

U.S. Department of Transportation, Docket Management System 

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 

Attachments: 1) DJI Phantom 2 Vision User Manual 

2) DJI Inspire 1 User Manual

3) Pulse Aero Vapor 55 Brochure

References: 1) FAA Exemption No. 11405, Regulatory Docket No. FAA-2015-0118 in the matter 

of Bryan Cherry

2) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter 

of the petition of DOUGLAS TRUDEAU 

3) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the matter 

of the petition of ADVANCED AVIATION SOLUTIONS LLC 

4) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the matter 

of the petition of FLYING CAM INC 

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 

of the FAA Modernization and Reform Act of 2012, I, Kenny McLean, petitioner, request 

exemption from the following sections of Title 14, Code of Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(1); 

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

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by 

the Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, 

photogrammetry, mapping, crop surveying, inspections and other flight operations that could be 

performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. 

national airspace system as compared to a manned aircraft. Operations will be performed only at 

the request of and with the authorization and permission of clients or their authorized agents in 
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 2 of 5

order to facilitate commerce and raise awareness of the beneficial uses of small unmanned air 

systems. So long as such operations are conducted within and under the conditions outlined herein 

or as may be established by the FAA as required by Section 333. The conditions identified and 

proposed by the petitioner are drawn from references 13.

The FARs 

The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, 

who hold a PRIVATE PILOT (or greater) certificate. Any pilots operating under this exemption would 

be required to comply with any conditions as set forth and in a similar fashion to the previously 

granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted 

closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to 

essential persons, or objects that would not be possible without additional relief. The petitioner 

requests modification, waiver or exemption and clarification concerning the terms “congested 

areas” and “densely populated”. The petitioner requests waiver for this condition to allow 

reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude 

information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief 

has been granted for manned aircraft to operate at less than the prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery 

power remaining as a percentage to the PIC. Information provided in the operating documents 

discusses procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery remaining reaches a 

specified remaining level. Given the limitations on proposed operations and the location of those 

proposed operations, the FAA found that a reduced minimum power reserve for flight in daytime 

VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 

(DOUGLAS TRUDEAU), the petitioner proposes to inspect and ensure that the UAS is in a condition 

for safe flight in accordance with the operating documents. The FAA found that adherence to the 

petitioner’s operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety 

would not be adversely affected.

The UAS Systems

The DJI Phantom 2 Vision is a highly successful consumer grade small quadrotor in the 

quadcopter configuration with an advertised weight of less than 42 Ounces (1200g) designed 

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less than 
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 3 of 5

30 knots (15m/s) and a maximum climb rate of less than 1200 fpm (6 m/s). It is powered by four 

electric motors with a distance between motors of less than 14 inches (350mm) It utilizes an 

internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain its geospatial orientation and position. It is controlled 

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry 

information is transmitted back to a ground control station allowing the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and 

control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude 

can be limited by the onboard flight controller and maximum altitude can be preprogrammed by 

the PIC. Battery life limits flight times to approximately 25 minutes. The onboard flight controller 

will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An 

automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. It is anticipated that flights will usually last less than 20 minutes. More 

information is available in attachment 1 or http://www.dji.com/product/phantom-2-vision/spec .

The DJI Inspire 1 is a high end consumer grade small rotorcraft in the quadrotor

configuration with an advertised weight of less than 103 Ounces (2935g) designed primarily to 

carry aloft a high definition camera. It has an advertised maximum speed of less than 40 knots 

(22m/s) and a maximum climb rate of less than 1000 fpm (5 m/s). It is powered by four electric 

motors with a distance between motors of less than 18 inches (450mm) It utilizes an internal 

inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning 

system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through 

an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted 

back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS 

signal strength, altitude (AGL), distance from PIC, and camera imagery. It has failsafe modes of 

operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller 

and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 20 minutes. The onboard flight controller will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic termination of flight and 

landing will be initiated when the battery reaches a predetermined low state. It is anticipated that 

flights will usually last less than 15 minutes. More information is available in attachment 2 or 

http://www.dji.com/product/inspire-1/spec. 

The Pulse Aero Vapor 55 is a battery powered, high end professional grade small rotorcraft 

in the single rotor configuration with a maximum takeoff weight of less than 55 lbs and operational 

weight of 30 lbs (16kg). The Vapor 55 is configured primarily to carry aloft various payloads 

including a high definition camera and LiDaR eqipment. It has an advertised cruise speed of 22

knots (12m/s) with a maximum vertical speed of 394 fpm (2m/s). It is powered by electric motor 

with a two stage transmission and Lithium Polymer battery. It utilizes an multi axis internal inertial 

measuring unit (IMU) augmented with GPS/GLONASS to maintain precision geospatial orientation 

and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time 

telemetry information is transmitted back to a ground control station (GCS) allowing the operator 

and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC. It has 

failsafe modes of operation for either loss of RC or GPS signal. The Vapor 55 has an autorotate 
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 4 of 5

feature that can engage in the event of a loss of motor drive that will allow for a controlled 

descent. Battery life limits flight times to approximately 60 minutes. The onboard flight controller 

will warn the pilot via telemetry before reaching a low battery state. It is anticipated that flights 

will usually last less than 40 minutes. More information is available in attachment 3 or 

http://pulseaero.com/products/vapor-helicopter-uas.php. 

Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 13 Conditions and Limitations 

section and believes that the procedures specified therein are reasonable and will be utilized in 

order to manage and mitigate risk and ensure public safety. A preflight checklist will be utilized to 

ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained 

by performance of routine inspections before each flight, maintaining flight and maintenance logs. 

The petitioner request that in a manner similar to reference 4, he be allowed to operate within 5 

miles of an airport provided that; 

“The UA may not operate in Class B, C, or D airspace without written approval from 

the FAA. The UA may not operate within 5 nautical miles of the geographic center of 

a nontowered airport 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.” 

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner 

is requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise. Operations within class B airspace are not requested due to 

the lack of mode C transponder.

Public interest 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft of 

greater proportions, carrying a crew and flammable fuel. Additionally, use of the UAS in order to 

facilitate commerce could lead to economic growth. Operations for this petition will enable service 

for property owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be displayed through 

ground level videography/photography. Aerial photography is a valuable marketing tool that can 

lead to increased commerce and enhance personal photography. Crop surveying applications could 

lead to decreased use of pesticides and fertilizer and conservation of water as well as increased 

crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency, 

improve volumetric estimations and reduce risks. The petitioner will provide clients with 

photographic data for these purposes on a ‘for hire’ basis acting as an independent contractor. A 

visual observer will be utilized. Liability insurance will be maintained. Flight data including UAS 

flight time, incident, accident, and details concerning any deviations from normal operations will be 
1924 Barnwell Street · Columbia, SC · 29201 cds corporation

803-779-9237 “IT is our Passion.” Page 5 of 5

available to FAA for use in collecting data regarding the use of UAS as part of this application. This 

data may be submitted to FAA if requested.

Conclusion 

The petitioner is requesting this exemption for the purposes of aerial photography, 

cinematography, photogrammetry, mapping, crop surveying, inspections and other flight 

operations. The petitioner's business model is based on the idea of offering information processing 

and management solutions which are enhanced by utilization of UAV systems. The petitioner’s 

market research shows pent up demand for these services currently exists in the mining, stockpile 

management, right-of-way management, agriculture and new markets that are emerging. The 

primary purpose of seeking this exemption is to expand the business capability to offer the above

services while remaining in compliance. The petitioner has over 50 hours of experience in the UAV

models listed herein, over 30 years experience in general and holds a Private Pilot airman 

certificate. 

Respectfully submitted, 

Kenny McLean

CDS Corporation

803-779-9237