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333 Exemption Petition

November 14, 2015

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591

 In the matter of the petition of Due North Aviation, LLC

Nathan Kayes – Managing Member

Due North Aviation, LLC 3380 Old Columbus Rd NW

Carroll, Ohio, 43112

for an exemption from part 21; (740) 652-1722

§§ 45.23(b); 91.7(a);

91.9(b)(2); 91.103; 91.109; 91.119;

91.121; 91.151(a); 91.203(a) and (b);

91.405(a); 91.407(a)(1);

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

of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated November 14,2015, Due North Aviation, LLC, petitioned the Federal 

Aviation Administration (FAA) for an exemption from part 21, §§ 45.23(b), 91.7(a), 

91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow operation of unmanned aircraft 

systems (UAS) for the purpose of supplemental utility survey operations in addition to 

existing commercial helicopter services provided by Due North Aviation, LLC. Such UAS 

operations include utility structure survey, right-of-way survey, and aerial 

photography/videography.

The petitioner requests relief from the following regulations:

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and 

changing design approvals, production approvals, airworthiness certificates, and 

airworthiness approvals.

Section 45.23(b) prescribes, in pertinent part, that when marks include only the Roman 

capital letter “N” and the registration number is displayed on limited, restricted or lightsport 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.

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless it is in an airworthy condition.

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before 

beginning a flight, become familiar with all available information concerning that 

flight, to include—

(a) For 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.
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Section 91.109 prescribes, in pertinent part, 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.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface.

(b) Over congested areas. 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.

(c) Over other than congested areas. 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.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the 

surface—

(1) A helicopter may be operated at less than the minimums prescribed 

in paragraph (b) or (c) of this section, provided each person 

operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be 

operated at less than the minimums prescribed in paragraph (c) of 

this section.

Section 91.121 requires, in pertinent part, 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.
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Section 91.151(a) prescribes that 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 normal cruising speed, (1)

during the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that 

for at least 45 minutes.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft Registration Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless the airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have

that aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have

discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that 

has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has 

been approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of

an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) 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—

(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
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(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.
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The petitioner supports its request with the following information:

Unmanned Aircraft System

The UAS proposed by the petitioner is a DJI Phantom 3 Advanced. The petitioner states that 

given the size, weight, speed, and limited operating area associated with the aircraft to be

utilized by the applicant, an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates), subject to certain conditions and limitations, is warranted and meets the

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of the

FAA Modernization and Reform Act of 2012 (PL 112-95). The petitioner further states that 

UAS operated without an airworthiness certificate in the restricted environment and under the

conditions and limitations proposed by the petitioner will be at least as safe, or safer, than a

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

issued under 14 CFR part 21, Subpart H and not subject to the proposed conditions and 

limitations.

The petitioner states that the unmanned aircraft (UA) to be operated under this request is less 

than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor 

passenger, and carries no explosive materials or flammable liquid fuels. The petitioner

further describes that, in the event the UAS loses communications or its GPS signal, the UA 

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

and land. It will also have the capability to abort a flight in the event of unpredicted obstacles 

or emergencies.

The petitioner states that even though its UAS will have no airworthiness certificate, an 

exemption may be needed from 14 CFR § 45.23 as the UA will have no entrance to the cabin, 

cockpit, or pilot station on which the word “experimental” can be placed. Given the size of the 

UA, the petitioner notes that the two-inch lettering will be impossible. The petitioner asserts 

that an equivalent level of safety may be provided by having the UA marked with the word 

“experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the 

pilot, observer, and others working with the UA will see the identification.

The petitioner states that the maintenance requirements in the pertinent sections of 14 CFR

part 91 are only applicable to aircraft with an airworthiness certificate in accordance with part

43. The petitioner states that the DJI Phantom 3 does not have specific maintenance

instructions concerning hourly or annual inspection; therefore the petitioner intends to 

follow any manufacturer recommended instructions and procedures when those procedures 

exist for certain components of the UAS.
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UAS Pilot in Command (PIC)

To abide by commercial operation procedure, the petitioner ensures that all personnel acting as 

Pilot in Command of the UAS will hold a commercial (rotorcraft helicopter) rating and at least 

a second class medical. Due North Aviation provided commercial helicopter services and will 

be using existing employees to conduct UAS operations with the same level of safety and 

planning. 

UAS Operating Parameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of a 

pilot and/or observer, and that the UA flights will be limited to a maximum altitude of 400 

feet AGL. The petitioner further states that an operator will ensure that only essential 

personnel be allowed within 100 feet of the UA operation, but this radius may be reduced 

to 30 feet based upon an equivalent level of safety determination. The petitioner asserts 

that an equivalent level of safety can be achieved given the size, weight and speed of the

UAS, as well as the location where it is operated. The petitioner states that the UAS will be

operated within a safe operating perimeter, the boundaries of which will be determined by

essential personnel and the UAS PIC based on the site-specific activities and speed of the

UAS required for the operation, and coordinated with the jurisdictional FAA FSDO and 

local government officials as applicable. The petitioner states that only participating and 

consenting personnel will be allowed within this perimeter. Commercial aviation 

knowledge and safety practices will be upheld by Due North Aviation pilots and staff at all 

times during UAS operation.

With respect to preflight actions, the petitioner notes it may need exemption from 14 CFR

§ 91.103, because the UAS will not have approved rotorcraft flight manuals. The petitioner

asserts that an equivalent level of safety will be achieved by the PIC taking all preflight

actions as set forth in standard commercial operation preflight, including reviewing weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data

before initiation of flight. Additionally, the petitioner states that a briefing will be conducted 

prior to each day’s flight regarding planned UAS operations, and all personnel who will be

performing duties within the boundaries of the safety perimeter will be properly briefed. 

With respect to barometric altimeter settings as stated in 14 CFR § 91.121, the petitioner may 

need exception due to the lack of standard barometric instrumentation. The DJI Phantom 3 

uses barometric information and GPS information to calculate UAS altitude without the 

standard altimeter instrumentation. 
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The petitioner is also requesting the use of a small practice are located at Fairfield County 

Airport where Due North Aviation operations are based. This space would only be used for 

controlled pilot practice and preparation flights to ensure all UA systems are working 

properly. This area is a 50ft by 50ft square immediately in from of the petitioner’s hanger on 

the west side of Fairfield Country airport in Ohio. Practice operations would only be 

performed with no more than one aircraft in operating at the airport while the UAS PIC 

monitors local traffic on a handheld VHF radio. Practice will be terminated any time 

operations cannot be preformed at least 500ft from operating aircraft.

The practice area pictured above is measures 200 feet from West to East and 100 feet from 

North to South. The area would also extend up to 100 feet above ground level. 
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With respect to the fuel requirements, the petitioner notes that, in order to meet the reserve

requirements in 14 CFR § 91.151, UAS flights would have to be limited to approximately 10 

minutes. The petitioner argues that DJI has incorporated sufficient notifications and 

precautions to regulate battery power reserve. Below are the notifications and battery reserve 

information readily available to the PIC of the UAS:

Public Interest

The petitioner states that, given the small size of the UA involved and the restricted sterile 

environment within which it will operate, its proposed operation “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 UAS to commence immediately.” Also 

due to the size of the UA and the restricted areas in which the UAS will operate, approval of 

the application presents no national security issue. The petitioner states that, given the clear 

direction in Section 333, 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 UAS, granting the requested 

exemptions is in the public interest.
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