U.S. Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Regulatory Docket No. _______________

Exemption Request Under Section 333 of the 

FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Submitted on April 10, 2015

Matthew Kenney

Technical Program Manager

DONAN

2101 Production Drive

Louisville, KY 40299

800-482-5611, ext. 2029

mkenney@donan.com
1

TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS...................................................................................2

INTRODUCTION AND OVERVIEW.................................................................................3

CHARACTERISTICS OF THE UAS...................................................................................4

UAS OPERATOR REQUIREMENTS.................................................................................5

UAS OPERATING PARAMETERS.................................................................................6

APPLICATIONS AND PUBLIC INTEREST......................................................................8

SUMMARY FOR FEDERAL REGISTER..........................................................................8

CONCLUSIONS....................................................................................................................9

APPENDIX A: REGULATIONS REQUIRING EXEMPTION................................10
2

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

MPH Miles Per Hour

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SVFR Special Visual Flight Rules

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer
3

INTRODUCTION AND OVERVIEW

Dear Madam/Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Donan Solutions LLC (“Donan”), seeks an exemption from the Federal 

Aviation Regulations listed below:

 14 C.F.R. 21, subpart H

 14 C.F.R. 61.3

 14 C.F.R. 61.113(a)&(b)

 14 C.F.R. 61.133(a)

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 91.103(b)

 14 C.F.R. 91.105

 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. 91.319(a)(1)

 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417)

The requested exemption would authorize Donan to conduct commercial operations using the DJI 

Phantom 3, DJI Phantom 2 Vision+, and DJI Phantom 2 for forensic engineering and fire 

investigation applications. These applications would primarily consist of roofing inspections, 

structural inspections, and fire scene documentation. 

In order to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircraft, all operations will be subject to the strict operating requirements defined in the 

Donan UAS Flight Operations Manual (Donan requests that the FAA treat the Donan UAS Flight 

Operations Manual as proprietary under 14 C.F.R. 11.35(b) and not include this document in the 

public docket). Additionally, this petition for exemption is supported by the information contained 

in the Phantom 2 Vision+ User Manual, Phantom 2 User Manual, Phantom 2 Vision Pilot 

Training Guide, and the Smart Flight Battery Safety Guidelines (hereafter collectively referred to 

as “Manufacturer’s Operations Manuals”).

All Donan UAS will be operated only by individuals who hold at least an FAA issued private, 

recreational, or sport pilot certificate and who have successfully completed Donan’s UAS 

Training Program (the Donan UAS Training Program Outline will be submitted separately and 

Donan requests that the FAA treat this document as proprietary under 14 C.F.R. 11.35(b) and not 

include this document in the public docket).

The characteristics of the UAS, detailed UAS operator requirements, and UAS operating 

parameters given below will ensure that all Donan UAS operations are carried out with an 

equivalent or higher level of safety than currently authorized manned aircraft operations. The 

details below regarding Donan’s intended UAS applications provide clear evidence that approval 

of this exemption is in the public interest.
4

CHARACTERISTICS OF THE UAS

The Phantom 3, Phantom 2 Vision+, and Phantom 2 are all very similar UAS. One exception is

that the Phantom 3 and Vision+ include an integrated camera, while a third party camera can be 

affixed to the Phantom 2. The Phantom 2 Vision+ and Phantom 2 have a diagonal motor-tomotor distance of approximately 14 inches. The Phantom 3 is approximately 27 inches across, 

measured diagonally and including the propellers. All three UA are constructed primarily of 

frangible materials (plastic) and weigh less than 3 pounds each. The Vision+ and Phantom 2 are

powered by a 5200 mAh 3S LiPo battery. The Phantom 3 is powered by a 4480 mAh 4S LiPo 

battery.

The max flight speed of the Phantom 2 Vision+ and the Phantom 2 is approximately 34 mph,

while the max flight speed of the Phantom 3 is approximately 36 mph. All three UA contain an 

on-board GPS and an inertial measurement unit for flight stabilization and automatic failsafe 

return to home in case of a lost control signal. Additionally, these UAS offer geo-fencing and 

max altitude features to restrict the maximum vertical and horizontal distance the aircraft will fly 

from its home point. The Phantom 3 and Vision+ offer the added feature of displaying real time 

flight data, including battery status, altitude and distance from home, within the DJI App. 

Each UA operated by Donan for commercial use will be registered in accordance with 14 C.F.R 

Part 47, and will be marked in accordance with 14 C.F.R. Part 45, , Subpart C, in a size as large 

as practical for the size of the UA.

All UAS operated by Donan will be maintained in accordance with the manufacture’s

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components and all pertinent instructions in the user manuals. Repairs, component 

changes, and software/firmware updates will be recorded in the UAS’s maintenance log.

Maintenance log entries will include the date, UAS ID number, registration number, current 

UAS flight time, a description of work performed, and the name of the individual who completed 

the work. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional 

test flight, prior to use in any commercial operations. The functional test flight must be conducted 

in such a manner so as to not pose an undue hazard to persons and property. The PIC who 

conducts the functional test flight must make an entry in the aircraft records. A pre-flight 

inspection of the UAS will be completed by the PIC prior to each flight operation as specified in 

the Donan UAS Flight Operations Manual. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for safe flight. All 

Donan UAS will comply with all applicable manufacturer safety bulletins.

Additional information on the aircraft specifications, performance limitations, operating 

procedures, and pre-flight inspections is contained in the attached documents. The safety and 

reliability of the DJI Phantom 2 Vision+ and DJI Phantom 2 UAS is further supported by the fact 

that numerous FAA exemptions have previously been approved for their use in commercial 

operations. As noted above, the DJI Phantom 3 is very similar to these UAS and incorporates 

additional safety features.
5

UAS OPERATOR REQUIREMENTS

All Donan UAS operators will hold at least an FAA issued private, recreational, or sport pilot 

certificate and will have successfully completed Donan’s UAS Training Program. Completion of 

the Donan UAS Training Program will ensure safe operations by not allowing any PIC to operate 

a UAS unless that PIC has demonstrated, that he/she is able to safely operate the UAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. All operators will 

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete 

and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering 

regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+ 

and Phantom 2 UAS.

The individual acting as PIC of a UAS will be identified prior to any flight and will not change 

once the flight has begun. The PIC is the individual in operational control of the flight operation 

from beginning to end and is responsible for safe flight of the UA. All PIC flight hours used to 

demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR § 

61.51(b).

In order to act as PIC, all Donan UAS operators will hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, 

a territory, a possession, or the Federal government. 
6

UAS OPERATING PARAMETERS

In order to provide for a level of safety at least equivalent to operations conducted using manned 

aircraft, all Donan commercial UAS operations will be conducted in accordance with the 

following specific operating limitations:

 The UA may not be operated at a speed exceeding 30 knots (34 miles per hour). In no 

case will the UA be operated at airspeeds greater than the maximum UA operating 

airspeed recommended by the aircraft manufacturer.

 All operations shall be conducted in accordance with an ATO-issued COA.

 All UA operations will occur at or below 500 ft AGL or the maximum altitude specified in 

the COA limitations, unless the purpose of the flight is to inspect a building or structure 

which is taller than 500 ft. If the purpose of the flight is to inspect a building or structure 

which is taller than 500 ft then the max altitude of the UA will be restricted to 20 ft above 

the highest point of that building or structure. All altitudes must be reported in feet AGL. 

 No UA will be operated within 3 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA published

aeronautical chart, unless a letter of agreement with that airport’s management is obtained 

or otherwise permitted by a COA issued to Donan. The letter of agreement with the airport 

management must be made available to the Administrator or any law enforcement official 

upon request.

 No UA will be operated within class B, C, D or E airspace unless a letter of agreement 

from the controlling ATC office is obtained or the flight is otherwise permitted by a COA 

issued to Donan. The letter of agreement from ATC must be made available to the 

Administrator or any law enforcement official upon request.

 The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. 

driver’s license.

 All operating documents and a grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the grant of exemption and the procedures 

outlined in the operating documents, the conditions and limitations in the grant of 

exemption take precedence and must be followed. Otherwise, the PIC must follow the 

procedures as outlined in the operating documents. Donan may update or revise its 

operating documents. However, it is Donan’s responsibility to track such revisions and 

present updated and revised documents to the Administrator or any law enforcement 

official upon request. Donan must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If Donan determines that 

any update or revision would affect the basis upon which the FAA granted the exemption, 

then Donan must petition for an amendment to the grant of exemption. 

 UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.
7

 The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

 Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. All maintenance and alterations 

must be properly documented in the aircraft records.

 Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry 

in the aircraft records.

 If the UAS loses communications or loses its GPS signal, the UA must return to a 

predetermined location.

 The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

 The PIC is prohibited from beginning a flight unless the UA’s battery level is at 75% or 

higher. The PIC must begin returning the UA to the designated landing area when the 

battery level drops below 25%.

 Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official 

upon request.

 The UA must remain clear and give way to all manned aviation operations and activities at 

all times.

 The UAS may not be operated by the PIC from any moving device or vehicle.

 UA will not be operated directly over nonparticipating persons unless barriers or structures 

are present that sufficiently protect nonparticipating persons from the UA and/or debris in 

the event of an accident. UA will not be operated over any open-air assembly of people.

 Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov.
8

APPLICATIONS AND PUBLIC INTEREST

The requested exemption would allow Donan to operate the DJI Phantom 3, Phantom 2 Vision+, 

and Phantom 2 for the purposes of forensic engineering inspections and fire cause and origin

investigations. These inspections and investigations are completed on both residential and 

commercial properties and are typically conducted in support of the property insurance industry. 

Use of UAS for these applications will offer significant advantages related to safety, time, and

cost. Most properties throughout the country are insured, and property owners have an interest in 

insurance underwriting, coverage, and claims processing; therefore it is clear that grant of this 

exemption would be in the public interest.

Current options for gathering the data which under this exemption would be collected using UA,

include use of ladders, lifts, and manned aircraft. Use of ladders and lifts are inherently

dangerous and result in numerous injuries each year. Use of manned aircraft is typically not 

feasible and therefore valuable information remains beyond the reach of the investigator. In most 

cases, use of a UA is quicker and easier than any other alternative and often yields better 

information.

Due to their small size and the fact they carry no fuel, all three models of the DJI Phantom pose a 

very low risk of damage to persons or structures on the ground. Because these UA are electric 

powered, they create no harmful emissions and make very little noise. 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Donan requests the grant of an exemption to the following specific sections of the Title 14 Code 

of federal Regulations which would allow it to operate micro UAS for commercial use:

14 CFR 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 61.133(a), 91.9 (b)(2), 91.103(b), 

91.105, 91.109(a), 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.319(a)(1), 91.405, 91.407, 

91.409, 91.417
9

CONCLUSIONS

Donan respectfully requests that the FAA grant the exemption sought in this request. Donan 

believes that considering the small size and weight of the UAS, along with the UAS PIC training 

and certification requirements stipulated above and the strict operating guidelines proposed

herein, it is clearly demonstrated that the UAS will be operated safely in the national air space

(NAS) with an equivalent or greater level of safety compared to manned aircraft.

We are prepared to modify or amend any part of this request as deemed necessary by the FAA to 

satisfy the need for an equivalent level of safety. Please contact us at any time if you require 

additional information or clarification.

Sincerely,

Matthew Kenney

Technical Program Manager

DONAN

2101 Production Drive

Louisville, KY 40299

800-482-5611, ext. 2029

mkenney@donan.com
10

APPENDIX A: REGULATIONS REQUIRING EXEMPTION

Donan requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the Phantom 3, Phantom 2 Vision+, and Phantom 2

UAS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the UA, its very light 

weight, and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or 

exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these different criteria demonstrates that the 

UA operated without an airworthiness certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness 

certificate.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

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

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used.

The regulation provides also 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; 

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the size, weight, speed, operational limitations, and range of the UAS, Donan proposes that 

operators of the UAS should not be required to hold a commercial pilot certification. Instead, 

operators should be required to:

Hold at least an FAA issued private, recreational, or sport pilot certificate. All operators will 
11

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete 

and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering 

regulations and issues pertinent to commercial operation of the Phantom 3, Phantom 2 Vision+ 

and Phantom 2 UAS.

14 C.F.R. § 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. Donan proposes to provide an equivalent level of safety by maintaining 

a copy of all documents used by the operator to ensure the safe operation and flight of the UAS as 

well as documentation of an exemption and COA with the ground control station and accessible 

to the PIC during flight operations.

14 C.F.R. § 91.103: Preflight action

This regulation requires that each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must include

runway lengths at airports of intended use, and the following takeoff and landing distance 

information.

This regulation is not applicable due to the fact Donan UAS operations will not occur at an

airfield. To provide an equivalent level of safety, the PIC will complete a preflight inspection as 

directed by the manufacturer’s manuals and Donan UAS operations manual before any flight.

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

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

instruction unless that aircraft has fully functioning dual controls."

The equivalent level of safety will be achieved through Donan’s UAS flight training program and 

conducting flight training within controlled environments.

14 C.F.R § 91.105: Flight Crewmembers at Stations

The regulation states that required crewmembers must be at their stations in the aircraft during 

specific portions of a flight.

This is not applicable since the UAS carry no crewmembers. An equivalent level of safety will be 

maintained by ensuring that the PIC is identified prior to any flight and that the PIC does not 

change during a flight. The PIC will maintain control of the UAS for the duration of the flight.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer 
12

than 500 feet to any person, vessel, vehicle, or structure. Since the UA will be operating at a 

maximum of 500 feet AGL, these operations cannot comply with this requirement.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS. 

Additionally the UAS will be operated in a defined and relatively small AOI. Moreover, the UA

will not be operated over any open-air assembly of persons or over any person not involved with 

the operation. The aircraft will be operated at an altitude allowing, if a power unit fails, an 

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

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL to:

 The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

 If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station;

 In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the UAS utilize a GPS system, barometric pressure

sensors, and internal gyroscopes to calculate the altitude.

14 C.F.R. § 91.151(a): 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.

Given the area of operation for the UAS, Donan believes that an equivalent level of safety is 

achieved by requiring at least 75% battery power in order to begin a flight and requiring the UA 

to return to land when the battery power reaches 25%.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

 No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

 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.

To obtain an equivalent level of safety and meet the intent of 91.203, Donan proposes to maintain

a copy of all documents used by the operator to ensure the safe operation and flight of the UAS as 

well as documentation of an exemption and COA with the ground control station and these will be 
13

available to the Administrator or any law enforcement official upon request.

14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) - Maintenance, Preventive 

Maintenance, and Alterations

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

airworthy condition, including compliance with Parts 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. Section 91.409(a)(2) requires an annual inspection for the issuance 

of an airworthiness 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.

Donan proposes that the maintenance, as well as preflight inspections of the UAS will be 

accomplished by the PIC. All maintenance will be conducted and logged in accordance with the 

Donan UAS operations manual and the manufacturer’s specifications. An equivalent level of 

safety will be achieved because the UAS are small in size, are not complex mechanical devices, 

and will carry no external payload.