Rocky Mountain Drones, LLC

Mr. Kriss Childress

downtoearthdental@comcast.net

719-369-6448

489 South Hook Court

Pueblo, Co 81007

June 17, 2015

U.S. Department of Transportation

Docket Management Systems

1200 New Jersey Ave., SE

Washington DC 20590

Dear Sir or Madam:

Re: Exemption Request Pursuant to Section 333 of the FAA 

Modernization and Reform Act, Rocky Mountain Drones, LLC owned by

Kriss Childress a licensed FAA Private Pilot lic. #3578607 and holds a 

current certificate from Unmanned University having over 75 hours of 

UAS flight time, is operator and managing member of an Unmanned 

Aircraft System(UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations(“FARS”) to allow commercial operation of 

its UAS, 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 .

Statutory Authority

Sec 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe 

civil UAS operations in the NAS. Section 333(a) states that the FAA 

“shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace systems before completion of the 

(comprehensive ) plan and rule making required by section 332(b)(1) of 

this Act or the guidance required by section 334 of this Act.” In section 

332(b)(1), Congress made it clear that section 333 provides a 

mechanism for “expedited operation authorization” if several factors 

are met. Petitioner meets all requirements to permit FAA approval of 

commercial UAS operations. 

The Petitioner Request Relief from the Following:

Regulations from which the exemption is requested: 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 91.109

14 C.F.R. 91.119

14 C.F.R. 91.12

14 C.F.R. 91.151(a)

14 C.F.R. 91203(a) and (b) 14 C.F.R 91.205(b)

14 C.F.R. 91.215 14C.F.R (91.401-91.417
Commercial operation of an UAS, as described herein, which are 

equipped with sensors and camera(s) and would be operated and used 

for the following manner:

-Aerial photography and or video for public and/or private use including 

land surveying, real estate, television, public events cinematography, 

news reporting and other professional events.

-Aerial photography and/or video of residential/commercial structures,

utility infrastructure, including but not limited to electric power lines, 

wind turbines, agricultural survey and cell towers, under contract with 

the owners or local government authority .

-Aerial photography and/or video to aid in search and rescue with use 

of heat sensors, early forest fire detection with special sensors, Police 

or government surveillance natural disasters all done when the local 

authorities or government has requested it by contract or donation.

- Training classes to persons individually or belonging to both private 

and /or public organizations that have interest in the use and 

application of a UAS for the purpose of the safe operation of a UAS to 

enhance the safety of the National Airspace System as well as 

protection of the persons and property. As having over 200 hours as a 

private pilot and member of the AOPA, allows me to see the 

importance of flying these UAS under strict guidelines.

As described below, the requested exemption would permit the 

operation of a UAS under controlled conditions in the NAS that would 

be done in a limited, controlled predetermined and will provide safety 

enhancements to the already safe operations in the current 

conventional aircraft industry. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of transportation’
(the FAA Administrator’s) responsibilities to “.... Establish requirements 

for the safe operation of such aircraft systems in the national airspace 

system.”

Rocky Mountain Drones LLC is currently flying The DJI Phantom 3 

advanced and is looking to add the DJI Inspire 1 in the future (Fall 2015)

Both the Phantom 3 and the Inspire are highly successful consumer 

grade UAS quad copters designed to carry high definition (HD) cameras 

by four electric motors. They use 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 the PIC 

to monitor battery level, GPS 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/IPad 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.

All UAS operations conducted by Rocky Mountain Drones, LLC will:

-Weigh less than 55 pounds, including payload (i.e. camera, gimbal 

battery).

-Operate at speeds of no more than 50 MPH, can hover, and can 

simultaneously move vertically and horizontally.

- Only operate its UAS in line of site of the PIC

- Limit each operational flight to 30 minutes or less. Flights will be 

terminated at 25% battery power reserve should that occur prior 

to the 30 minute limit.
- Operate at an altitude of no more than 400 feet AGL.

- Be operated at a lateral distance of at least 100 feet from any 

inhabited structures, buildings, vehicles, vessels, or people not 

associated with the operation or who have not signed a waiver in 

advance of the operation

- Require operators(PIC) to check (TFRS) fly VFR and not violate 

National Airspace Systems(NAS))

- Have the capability to return to a pre-determined location if the 

UAS loses communications or loses its GPS signal.

- Have the ability to contact airports by phone or radio but to stay 5 

miles away from.

- Will enter and log all aircraft flight time and PIC flight time. Thus 

enhancing the overall safety of operations.

- The UAS pilot will be a designated PIC and hold a certificate 

license through an approved school, along with a second or higher 

class medical. 

- A briefing will be performed regarding the planned UAS prior to 

each day’s flight.

- Written or verbal permission and permits will be obtained from 

territorial, state, county and city jurisdictions, including law 

enforcement, fire or other appropriate governmental agencies.

- The operator will file FAA form 7711-1 or its equivalent, as 

modified in light of the requested exemption, with the 

appropriate local Flight standards District Office no more than 72 

hours but no less than 48 hours from planned operation.

-All operations will utilize a visual observer (V0). The PIC and VO will 

Be able to communicate verbally at all times.

Given the small size of the sUAS and the restricted sterile 

environment within which they will operate, our sUAS operation 

adhere to the Reform Act’s safety requirements. 
The sUAV, powered by batteries, is smaller, lighter and more 

maneuverable than larger aircraft running on combustible fuel. It 

operates at lower altitudes with no people on board and will thereby 

reduce current risk levels and thereby enhance safety and diminish 

the likelihood of death or serious bodily injury. With a small payload 

and maximum flight time of only 20 minutes, thus offers little or No 

risk to national security.

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

Rocky Mountain Drones LLC, requests an exemption from the 

following regulations as well as any additional regulations that may 

technically apply to the operation of the sUAV Systems:

14 C.F.R. 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 3 

under either or both of the following provisions.

21.191 Experimental Certificates

Experimental certificates are issued for the following reasons:

(a) Research and development. Testing new aircraft design concepts, 

new aircraft installations, new aircraft equipment, new aircraft 

installations, new aircraft operating techniques, or new uses for 

aircraft.

(b)Showing compliance with regulations. Conducting flight tests and 

other operations to show compliance with the airworthiness 

regulations including flights to show compliance for issuance of type 

and supplemental type of certificates, flights substantiate major 

design changes and flights to show compliance with the function and 

reliability requirements of the regulations. Since the experimental 
certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we 

would expect that an experimental certificate would permit our 

commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel ,

and will only fly under strict operational requirements/ Combines 

with the UA’s light weight, being constructed primarily of carbon 

fiber and plastic, we propose that the UA will be at least as safe, if 

not safer , than a conventionally certificated aircraft performing the 

same mission. If an experimental airworthiness certificate is not 

appropriate for this application, then we request and exemption of 

14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level if safety outlined in 

the previous paragraph.

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 

aircrafts 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 sUAV 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 tp 

achieve an equivalent level of safety by including the word 

“EXPERIMENTAL” in the placard on the top of the aircraft, as shown 

above, where the PIC (Pilot in Control), VO(Visual Observer) and 

others in the vicinity of the aircraft while it is preparing for launch 

will be able to see the designation. Additionally, we feel that the 

permanent placard discussed in the previous paragraph will provide 

the aircraft’s registration information at the ground station. Finally, 

we will display at the ground station a high contrast flag or banner 

that contains the words “Unmanned Aircraft Ground Station” in 
letters 3 inches high or greater. Since the aircraft will operate within 

3⁄4 NM of the ground station, the banner should be visible to anyone 

that observes the aircraft and chooses to investigate its point of 

origin.

14 CFR 61.113 Private pilot privileges and limitations; Pilot in 

Command and 61.113 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 a 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, we feel we meet the intent of 61.113 Subparagraph (b) 

even though the intent of this application in 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. In the form contemplated by 

the FARs, this regulation is inapplicable.

14 CFR 91.9 Civil aircraft manual, marking and place card

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 and current, approved sUAS Flight 

manual must be available to the crew at the ground station anytime 

the aircraft in in, or preparing for flight.
14 CFR 91.109 Flight Instruction: Simulated instrument flight and 

certain flight test the regulation states that “No person may operate 

a civil aircraft that is being used for flight instruction unless that 

aircraft has fully functioning dual controls.” The sUAS System ground 

based station consist 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 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.

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 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 has been performed. The aircraft

will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing with 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.

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 sUAS will always fly 

below 400 feet AFL and will not need to maintain cruising altitudes in 

order to prevent conflict with other aircraft. An Above Ground Level 

altimeter measurement above the takeoff point is transmitted via 
radio from the sUAS on-board computer to the display screen held

by the PIC, 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 sUAV is 

battery operated and the maximum aircraft will never fly more than 

3⁄4 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 request and exemption to the word “fuel” and 

ask for an equivalent interpretation with the word “energy”.

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”. 

At a maximum gross weight of 5.3 pounds, the SUAs 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 co-located 

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 

information plus the word “EXPERIMENTAL” to satisfy the 

requirement of 14 CFR 45.23.
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 requires 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 PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct 

detailed inspections after every two hour of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections 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 PIC will document work performed in accordance with 91.417. 

We feel that due to the size, construction and simplicity of the 

aircraft, the PIC can ensure and equivalent level of safety.

Safety and Benefits of the UAS: Rocky Mountain Drones LLC will be 

using the UAS in variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, 

unmanned aerial vehicles offer myriad benefits over the use of fullsized manned aircraft for electric power line inspection, oil/gas 

pipeline inspection, advanced agriculture, film and still photography, 

just to name a few. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small UAS carrying no 

passengers or crew creates a much greater margin of safety for the 

pilots and crew. By granting Rocky Mountain Drones LLC’s requested 

exemptions, the FAA will help drive development of safe and 

successful commercial UAS operations and will advance the public 

knowledge base for such operations. Rocky Mountain Drones LLC is 

committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its 
commercial UAS operations and serving as a resource for future UAS 

research operations. Thus, the FAA has good cause to grant the 

petition.

Conclusion:

As pointed out in the application, all the SUAs which our company 

would use, under authorization by the US DOT-FAA, are small, lightweight devices operated within the line of sight of the Pilot-inCommand (PIC), less than 400 feet above the ground and outside 5 

miles from any airport, heliport, seaplane base, spaceport, or other 

location with aviation activities, unless the air traffic control 

authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance.

All our SUAs have proven capability for controlled flight. They are 

devises offered for general sale on the market around the world and 

have often been used as Model Aircraft in the USA. We are certain 

that the studies conducted until now by the FAA, about Section 332, 

Public Law 112-95, 2014, have already provided you with the 

assurances on the airworthiness of SUAs such as ours.

For foregoing reasons, the exemptions requested herein should be 

granted and Rocky Mountain Drones LLC should be permitted to 

conduct small UAS operations in accordance with its manuals and all 

other operating parameters deemed necessary and appropriate by 

the FAA. The submission of the application and its contents is the 

best demonstration that indeed it is possible to pursue the 

authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions.

Sincerely,

Kriss Childress (owner) Rocky Mountain Drones