Exigo Service Group, LLC

Jimmy L Small

651 N. US HWY183 Ste.334-123

Leander, TX 78641

(512) 771•0089

jsmall@exigosg.com

September 21, 2015 

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave

SE Washington DC 20590 

Subject: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Exigo Service 

Group, llc hereafter referred to as "Petitioner" would like to apply for an exemption from the following Code of 

Federal Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (UAS) 

for aerial imaging, video, and inspections primarily in the Central Texas Area.

Exigo Service Group, requests relief from the following Regulations: 

14 CFR Part 21, Subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a and b) 14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 

14 CFR 91.121

14 CFR 91.151

14 CFR 91.203

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a and b)

Exigo Service Group’s scope of operations may include the following: 

Event Photography and Videography

Real Estate Photography and Videography

Aerial Filmmaking and Photography 

Agricultural Inspections 

General Photogrammetry

Aerial Surveying/Mapping 
Equipment to be Used 

The UAS that Exigo Service Group, will principally operate is the DJI Phantom 3. This UAS consists of an 

unmanned quad-copter, high definition camera, 3 access gimbal, and a mobile ground station which includes the 

flight controller and a paired mobile device. The DJI Phantom 3 weighs 1280 grams, and its diagonal length is 590 

mm. Four independent electric motors turn the fixed pitch rotors and are powered by a single Lithium Polymer 

battery. The DJI Phantom 3 is a commercial off the shelf product currently in use by many other companies 

operating UAVs commercially under their recently approved 333 exemptions. 

Relevant safety Features of the Phantom 3 include Auto Take Off/Landing, Return to Home, Fail Safe Intelligent 

Flight Battery and Vision Positioning System. In addition to these safety features, the Intelligent Orientation Control 

modes allow more precise control over the aircraft and include Home Lock and Course Lock features, leading to 

even more predictable flights. Home lock allows the UAV to return to an established home point by simple activation 

on the controller. The control lock is an auto-pilot type course feature. The vision positioning system allows the 

aircraft to hover accurately in place even if GPS is unavailable, making it safer and more stable. Return to Home 

(Smart RTH, Low Battery RTH, and Failsafe RTH). Smart RTH allows the aircraft, at the touch of a button, to 

return to the home point which was pre-recorded using the GPS upon initialization. Low Battery level failsafe RTH 

is triggered with the intelligent flight battery is depleted to a pre-set point. Failsafe RTH will be automatically 

activated if the remote controller signal is lost for more than 3 seconds. The Phantom 3 has a proven safety record 

and all information regarding its performance and safety features can be referenced in the safety guidelines. The full 

user’s manual which includes FCC information, checklists, and graphics supporting the No-Flight Zone information 

can be found here: 

http://www.dji.com/product/phantom-3/download 

Public Good

Aerial photography/videography for geographical awareness and for real estate marketing and inspections has been 

around for a long time through manned fixed wing aircraft and helicopters. But for small business owners, its 

expense has been cost-prohibitive.

Granting this exemption would allow the Petitioner to provide this service at a much lower cost to the public. 

Furthermore, the small UAS’s being utilized in this application will pose no threat to the public given its small size 

and lack of combustible fuel when compared to larger manned aircraft. The operation of the UAS’s are 

environmentally friendly and promote economic growth by providing information to businesses and individuals in 

the central Texas Area.

The Petitioner will ensure that all of Exigo Service Group’s operations are conducted with utmost regard to safety, 

minimizing risk, being a responsible user of the NAS, and ensuring compliance with all applicable regulations to 

ensure this exemption and will provide a level of safety at least equal to existing rules. The petitioner will only 

operate in a safe environment that is strictly controlled. This exemption request would permit operation of ultra 

light-weight, unmanned UASs in predetermined areas away from the general public, airports, heliports and 

vehicular traffic, under 200 feet AGL, during daylight hours and under visual meteorological conditions (VMC) 

Operation would commence only after carefully reviewing, inspecting and examining the area of aerial observation. 

Petitioner will conduct extensive preflight inspections and protocols, during which safety carries primary 

importance. Pre-flight and post-flight checklist usage will be mandatory. This would allow for videos and photos 

within property boundaries for individual homeowner real estate listing. This would also allow for event 

photography and videography. 

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 UAS’s, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part11 and §333 of the Reform Act. The Federal Aviation Act ( 49U.S.C.§44701 (f)) and §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’s to be operated by the petitioner are less than 5 kgs with maximum payload consisting of camera, carries 

neither no persons, carries no explosive or flammable materials including combustible fuels, and operates 

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

controlled and monitored by both the pilot (PIC) and or the Visual Observer. The Visual Observer role is designated 

to act as both the remote sensing controller and secondary monitor for safety issues. These enhancements to current 

safety practices and regulations, which already apply to civil aircraft, provide a greater degree of safety to the 

public and property owners than conventional aircraft operations conducted with airworthiness certificates issued 

under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 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 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. Petitioner understands the need for 

markings and will mark Our UAS’s in the largest possible lettering by placing the word “Experimental” or assigned 

number or name (based on a request or ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone 

assisting the visual observer will see the markings. Further markings include a front LED indicator light and 

markings designating forward and aft orientation. 

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

§61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a 

ground crew member to have a private pilot's license rather than a commercial pilot's license to operate this UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no persons 

on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. 

The risks associated with the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations as requested with a private 

pilot in the ground crew exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).Exigo Service 

Group, llc may employ operators in the future who only hold a Private Pilot’s Certificate. Each operator will be 

trained extensively on the equipment to include training for emergency operations, pre-flight planning, checklist 

usage, and airspace requirements. Training will be logged in company’s records. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will 

be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard 

will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the manual 

for maintenance and use of safety check lists 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. 

§91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 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 to carry a physical flight manual 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. Flight Manuals and associated documents may 

be in electronic format. 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 (PIC) 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. 

Prior to conducting any flight, Exigo Service Group, appointed pilots (operators) will conduct a detailed pre-flight 

inspection in accordance with the manufacturer’s instruction manual. The Preflight inspection will not be limited to 

the UAV and its components but will also include the verifying that the airspace to be operated in will ensure 

compliance with FAA regulations – not in close proximity to any airports, not a congested area, no open air 

assembly of persons, etc. 

The PIC will take all actions including reviewing weather, checking the flight battery, landing and takeoff area 

suitability, and checking of NOTAMs and TFRs before initiation of flight. Further, we always use standardized preflight checklists in accordance with manufacturers’ recommendations. If granted an exemption the Petitioner agrees 

to additional safety procedures including, but not limited to: 

 • Keeping our UAS’s within a radius distance of 2000 feet from the controller to both aid in direct line of 

sight visual observation. 

 • Operate the UAS’s for 10-15 minutes per flight; land Our UAS’s according to the manufacturer’s 

recommended minimum level of battery power.

 • Operate our UAS’s only within visual line of sight (VLOS) and use the assistance of a visual observer if 

necessary.

 • Use the UAS’s flight safety features including- RTH features and ensuring Lost Link capability is available. 

 • Conduct all operations under our flight safety protocols. 

 • Log each flight and battery use to actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols.

 • Always obtain all necessary permissions prior to operation 

 • Have procedures in place to abort flights in the event of safety breaches or potential danger. 

DJI has implemented Firmware updates that limit flight around airports, along with distance and altitude 

limits. All relevant TFRs and No Fly Zones will be checked prior to each flight to ensure avoidance. The 

DJI pilot app which is linked to the flight controller includes up to date information on all No Flight Zones 

and communicates this information to the flight controller. The No-Fly Zones are divided into Airports and 

Restricted areas. Using information about these locations, the flight controller indicates whether the 

aircraft is in a no-fly zone, a restricted altitude flight zone, a warning zone, or a free zone. Motors will not 

start in a no-fly zone, and automatic landing will be activated if aircraft approaches a no-fly zone. Please 

see table detailing these zones in the user manual for more a more detailed explanation of this safety 

feature. 
14 C.F.R. §91.109: Flight Instruction 

§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. 

UAS’s 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. Enhancing this safety is the technology inherent in the remote controls utilizing digital communications 

which is paired to the UAS making it nearly impossible to unintentionally or intentionally have the control 

communications interrupted. 

14 C.F.R. §91.119: Minimum Safe Altitudes 

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 sUAS 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 and careful pre-planned 

flight path has been established. The aircraft will be operated at a low altitude allowing that if a power unit fails, an 

emergency landing can be made 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 the persons, vehicles, and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 C.F.R. §91.121 Altimeter Settings

§91.121 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, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight. The pilot in Command (PIC) will also ensure effective pairing with multiple 

GPS sources to guarantee accurate detection of height. In addition, the Phantom 3 has vision positioning capability, 

which is similar to a radar altimeter in a manned aircraft. Visual and ultrasonic sensors scan the ground beneath 

the quad-coptor, allowing it to identify its accurate position. 

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

§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 for at least 30 minutes; or (2) At night, to 

fly after that for at least 45 minutes." The battery powering the UAS’s provide up to 23 minutes of flight time, 

dependent on environmental conditions and usage patterns. Petitioner's UAS’s will not be able to meet the 30 minute 

reserve requirement in 14 CPR §91.151. Operating the small UAS’s, in a tightly controlled area where only people 

and property owners or official representatives who given permission for overflights, does not engender the type of 

risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS’s 

Petitioner believes that an equivalent level of safety can be achieved by monitoring the battery level and landing as 

soon as the low battery level warning light is illuminated. If no action is taken for 10 seconds after the low battery 

indicator warning light illuminates, the Fail Safe Intelligent Battery will automatically activate the return to home 

feature and will return to origin point and land safely. 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 

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’s fully loaded weigh no more than 11kg 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’s. 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’s. Electronic versions of these documents are acceptable. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797 A, 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 sections 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 in accordance with the manufacturers’ recommendations or by 

an approved DJI maintenance provider. An equivalent level of safety will be achieved because these small UAS’s 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 200 feet AGL. The 

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

keep a detailed record of any maintenance performed. A post maintenance test flight will be performed after any 

maintenance is completed prior to resuming commercial operations. 

Summary

The Petitioner believes that the exemption from the above listed Title 14 CFRs is warranted given the nature of UAS 

flights that will be undertaken, the size & weight of the UAS being operated, and the safety precautions taken for the 

general public and the NAS. This operator will contribute to aviation’s positive evolution by demonstrating lower 

cost of business services provided, minimal environmental impact, and increased safety for flight crews and ground 

property. Due to the similarity of this request with numerous other previously approved exemptions, I respectfully 

request that this exemption be approved in a timely manner. 

Thank you for your consideration.

Jimmy Small, CEO 

Exigo Service Group, llc LLC