JUSTIFICTION UNDER SECTION 333 

According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333 “Section 333 

grants the Secretary of Transportation the authority to determine if an unmanned aircraft system, as a 

result of its size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight does not create a hazard to users of the national airspace system or 

the public or pose a threat to national security”. Zoya Enterprises LLC submits that the small size and 

weight of the purposed UAS coupled with the fact that the operations will be conducted at low altitudes, 

slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to 

the national airspace system, general public, or present any threat to national security. 

Airworthiness of the UAS 

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 of the particular UAS. Zoya Enterprises LLC purposes using , DJI 

Phantom 3 professional, DJI Inspire 1, and 3DR Solo. The proposed systems have the inherent advantage 

of being small in size and battery-operated therefore do not carry flammable fuel, this significantly 

reduces any potential damage in the event of a mishap. Zoya Enterprises LLC will operate the proposed 

UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times 

less than 50 knots. Operations will only be conducted in during daylight hours, in uncontrolled airspace, 

unless specific permission is granted by the controlling agency, and within visual line of sight of the 

operator. 

All of the UAS that will be operated with this exemption have been previously approved in other Section 

333 exemption requests. The DJI Phantom 2 vision+, DJI Phantom 3, DJI Inspire 1, 3DR Solo upon release 

were approved for use in Exemption No. 11398. was approved in Exemption Number 11277. An analysis 

of these criteria demonstrates that the purposed 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 or helicopter) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

Operation of the UAS 

Zoya Enterprises LLC will ensure that the exemption does not adversely affect safety and will operate at 

a level of safety at least equal to existing rules by operating with the following limitations and 

conditions: 

1. All operations will strictly adhere to manufactures owners, operators and maintenance manual. 

2. All operations will occur in class G airspace, unless specifically authorized by the controlling authority. 
3. All operations will be conducted during daylight hours. 

4. All operations will occur below 400 feet AGL. 

5. All operations will be conducted and visual meteorological conditions with visibility of at least three 

nautical miles. 

6. All operations will be conducted with at least 500 feet below clouds and with a horizontal separation 

of at least 2000 feet. 

7. At no time will the operator allow the aircraft within 500 feet of nonparticipating person, structure, or 

vehicle. 

8. Preflight operations will be conducted in accordance with the manufacturer's recommendation and 

preflight checklist. 

9. All maintenance will be conducted in accordance with manufacturers recommendations and 

documented in the aircraft logbook 

PIC Requirements 

Zoya Enterprises LLC respectfully submits that the operator requirements should take into account the 

advanced internal navigation and autopilot systems of the proposed UAS. The DJI and 3DR systems both 

have a high degree of control and are extremely stable even in high wind environments. Both companies 

incorporate various built-in capabilities that limit the potential for operations outside of the aircraft 

capability. 

The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Zoya Enterprises LLC will 

only use PIC’s who possess a minimum of a FAA commercial or private pilot's license and a class II 

medical. Zoya Enterprises LLC will also ensure that all PICs comply with manufacturer training 

requirements, and have been deemed safe and proficient by the chief pilot. 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133(a); 

14 C.F.R. 91.7(b); 
14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) & (b). 

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

Subpart H, 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 Zoya Enterprises LLC, 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. Our small UAS's will be operated at low speed in a controlled environment, away from 

airports and any densely populated area. An analysis of these criteria demonstrates that the UAS's 

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 helicopter) 

operating with an airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA 

and general public will have advance notice of all operations. 

These safety enhancements, which already apply to civil aircraft operated in connection with private 

property, industrial sites, railroad yards and the like 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. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security and the NAS posed by the UAS, due to its size, speed of operation, 

location of operation, lack flammable liquid fuels, and limited ability to carry an external load. 
14 C.F.R. § 45.23(b): Marking of the Aircraft 

This regulation requires certain experimental, provisionally certificated aircraft, or light- sport category 

aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "lightsport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. 

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

will have no entrance to the 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. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 

10700, 8738, 10167 and 10167A. 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot 

may, for compensation or hire, act as pilot in command 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. Section 61.133(a) requires an individual with 

a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. 

Zoya Enterprises LLC proposes that all operations require that the PIC must either hold a minimum of a 

Commercial Pilot Rotorcraft Certificate issued by the FAA. Since there are currently no means available 

for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a 

commercial UAS pilot's license, using pilots qualified under other categories and classes meets or 

exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature 

of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot 

to operate the aircraft under§ 61.133(a) although a thorough understanding and experience in 

commercial aircraft operations enhances safe operation of UAS. . 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of the UAS without an airworthiness 

certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the 

requirements published by the manufacture for maintenance and the use of safety checklists prior to 

each flight, an equivalent level of safety will be provided. 
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

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 take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the manufactures preflight checklist. These actions will 

provide an equivalent level of safety. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide 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. 

By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is 

accomplished through the use of a control station that communicates with the aircraft via radio 

communications. The FAA has previously approved exemptions for aircraft without fully functional dual 

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

carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size 

and speed of the aircraft. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to 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. 

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. No flight will be taken without the permission of the property owner. 

Compared to flight operations with aircraft weighting far more than the maximum 55 lbs. proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those 

presently presented with helicopters and other 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. 
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 does not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator 

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 

This regulation 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 for at least 

30 minutes.” An equivalent level of safety can be achieved by limiting flights to what the manufacturer 

recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 

25% of battery power (as determined by the onboard monitoring system and the pilot), whichever 

happens 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) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation requires: “no person may operate a civil aircraft unless it has [. . .] 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”. 

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. The FAA has issued numerous 

exemptions to this 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 

Section 91.405(a) requires 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 . . . .” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 

91.417(a) requires the owner or operator to keep records showing certain maintenance work that has 

been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service. 
Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Zoya Enterprises LLC UAS. An equivalent level of safety, given the small size 

and unique characteristics of the aircraft, will be maintained by the operator accomplishing and 

documenting all required maintenance specified by the manufacturer.