October 21, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12‐140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization & Reform Act of 2012

Dear Sir of Madam:

Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and 14 CFR

Part 11, NBC Construction Documentation, LLC, wishes to operate small Unmanned Aircraft Systems

(UASs) equipped to conduct aerial photography and survey for various industries and hereby applies for

an exemption from the Federal Aviation Regulations (FARs) listed below to allow operations of our UAS

commercially in the National Airspace System (NAS) so long as such operations are conducted with and

under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Contact Information:

NBC Construction Documentation, LLC.

Russell Bollig

206 6th Ave, Suite 1104

Des Moines, IA 50309

Office: (515) 401‐5658; Cell: (515) 441‐0448

Email: r.bollig@multivista.com

Specific Sections of 14 CFR from which we are seeing relief:

14	C.F.R.	Part 21		

14	C.F.R.	45.23	(b)		

14	C.F.R.	61.113(a)	and	(b)		

14	C.F.R.	91.7	(a)		

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

14	C.F.R.	91.103	

14	C.F.R.	91.109		

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.	91.205	(b)		

14	C.F.R.	91.215		

14	C.F.R.	(91.401	‐‐‐ 91.417)		
The extent of relief we seek and the reason we are seeking relief:

The requested exemption would permit NBC Construction Documentation, LLC, to pursue its commercial

interests in providing services to consumers interested in aerial photography using small, lightweight

(less than 55 lbs. total takeoff weight) UASs under controlled conditions for commercial use in the

following areas:

 Construction & Agriculture Monitoring

 Fine Art & Real Estate Photography

 UAS Operator Training

 Promoting the Safe & Effective Use of Small UAS Technology

Public Interest:

NBC Construction Documentation, LLC. will be using UASs in applications that either required full‐size

aircraft, or where unable to be completed in the past.  Reducing the risks of flying full sized aircraft at

low altitude and providing safe operations is in the public’s interest.  By granting an Exemption, NBC

Construction Documentation, LLC.  will provide safe and compliant operations.

Additionally, for a small‐business or a private individual the expense of utilizing a fixed‐wing or rotor‐

wing aircraft is cost‐prohibitive.  For the past decade the operating cost of a fixed‐wing or rotor‐wing

aircraft has increased dramatically.  The high cost has prevented small business and private individuals

from utilizing manned aircraft of aerial photography for tasks such as marketing, survey and fine art

purposes.

Safety:

The UAS system that will be used is the DJI Phantom 3.  The UAS will be safely operated in the NAS by

maintaining line of sight visual contact, flown only during daylight, and less than 400ft above ground.  

Flight will be operated at a lateral distance of no less than 100 feet from any persons or property not

associated with operation.  All flights will be preplanned and owner approval will be obtained for lights

over personal property.  Additional safety features on the DJI Phantom 3 include return to home

functionality when GPS is available and failsafe technology that return the aircraft to takeoff point if

batteries run low.

Additionally, the max flight time for the UAS will be limited to maintain a reserve of 25% battery power.  

At all times, the UAS will be operated in accordance with the safety and operational requirements of the

manual.

Preflight would include checking the operation of the UAS to include the battery in both the transmitter

and the UAS, the condition of the body of the UAS and its propellers.  Updates to the firmware will be

done as they become available and maintenance will be performed pursuant to the manufacturer’s

recommendations.  The area in which the drone will be flown will be checked for powerlines, antennas,

ATTACHMENT A 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

NBC	Construction	Documentation,	LLC.	requests an exemption from the following 

regulations as well as any additional regulations that may apply to the operation of the UAS: 

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 2 Vision Plus, Phantom 3, and 

Inspire 1 UAS. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display the 

word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, 

or pilot station. The small UAS does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the 

FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" in the placard on the top of the UAS. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as Pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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. Our proposed operations require that the PIC 

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot 

carry passengers or property, we feel we meet the 

intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a 

business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 
exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved UAS Flight Manual must be available to the crew at the 

ground station at all times. 

14 CFR 91.103 Ultralight Vehicles 

This regulation would not apply as this pertains only to Ultralight Vehicles. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The UAS System groundbased control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the UAS 

would be photography or survey of persons, vessels, vehicles or structures it would be 

necessary to operate closer than 500 feet to the items listed. Operations will only be flown over 

property or persons where permission has been obtained either 

verbally or in writing. The aircraft will be operated at a low altitude allowing, if there is a loss of 

propulsion, an emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the 

exemption. 

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The UAS will always fly below 

600 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An AGL altimeter measurement above the takeoff point is transmitted 

via radio from the UAS on-board computer to the display screen held by the UAS 

operator, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The UAS are battery operated and the 

maximum duration of flight from a single battery charge is 12-45 (depending on which UAS) 

minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 
NM from the point of intended landing, a full battery charge at launch will ensure that we 

meet the reserve energy requirement of this paragraph. We also request exemption from the 30 

min reserve and ask that our reserve will be to fly the mission to the point of intended landing 

and have at least a 20% battery reserve after that. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." A small UAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent 

of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be 

collocated with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23. 

14 CFR 91.205 Aircraft Accident Liability Insurance (Interstate or Foreign Air 

Transportation - Not Applicable) 

This regulation would not apply as our operations do not include interstate or foreign air 

transportation. 

14 CFR 91.215 - Use and Change of Names of Air Carriers, Foreign Air Carriers and 

Commuter Air Carriers 

This regulation is not applicable as we would not be operating as an air carrier.

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, 

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC 

perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The UAS operator will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition, conduct detailed inspections after 

every two hours of flight. Maintenance performed by the UAS operator is limited to 

repairing small cracks, replacing a propeller, checking electrical and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The UAS operator will document work 

performed in accordance with 91.417 in the attached Maintenance Log. 
ATTACHMENT B 

MAINTENANCE LOG 

MODEL: _______________________ SERIAL NUMBER: __________________ 

DATE SUMMARY OF MAINTENANCE SIGNATURE RETURN 

TO SERVICE 

 
ATTACHMENT B 

FLIGHT LOG 

DATE LOCATIO

N 

OPERATOR & 

OBSERVER 

NAME 

CUSTOMER MISSION 

DO VFR 

CONDITIONS 

EXIST 

AIRSAPCE 

STATUS NOTES