U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Kestrel Flight Solutions (hereinafter referred to as “Kestrel”) utilizing the DJI Inspire 1 and 

DJI Phantom Series small Unmanned Aircraft Systems (“UAS”) seeks an exemption from the Federal 

Aviation Regulations (“FARs”) listed below and discussed in Appendix A. Kestrel is a Florida Corporation 

whose mission is to promote the responsible development of UAS industry and encourage the 

preparation of the emerging work force within the industry. Details of the DJI Inspire 1 and DJI Phantom 

Series and their OEMs are described in Appendix B. A summary of this request is attached as Appendix 

C.

Kestrel is comprised of Insurance professionals determined to revolutionize the claims process and 

catastrophe response process with the use of UAS’s and technology. As a tech start up Kestrel plans to 

serves as a training, development, and employment firm for retired U.S. veterans and service members. 

Or goal is to provide veterans with high paying and engaging careers. 

Reasons for Exemption request

 Training 

 Aerial inspections and mapping

 Infrastructure inspection

 Videography 

 Search and Rescue 

The requested exemption would address the current problem with the introduction of UAS activity into 

the National Air Space. The sales of both consumer and professional UAV’s have been soaring (pun 
intended) and new UAS models are introduced into the market by both existing UAS companies and a 

myriad of startups. DJI affirms that it currently possesses 50% of the recreational UAS market and sells 

30,000 units every month the Phantom drone to a variety of new and existing owners. Where have 

these new owners been trained and how comprehensive has their training been? Have they been 

trained to just maneuver the UAV or have they been educated properly using a well-developed, formal 

curriculum in the operation and application of the UAS in an operational context? In the absence of 

regulatory guidance for training programs and in an effort to work with the FAA as it develops 

appropriate FAA guidance in this area, Kestrel Flight Solutions wishes to formally develop a UAS training 

curriculum that meets the standards established for courses that meets both the professional needs of 

the emerging market while also meeting the legal and regulatory expectations of the FAA. Our intent is 

to create a training program that would be certified by the FAA as a Part 61 or Part 141 program while 

also satisfying the needs of existing industries that will make use of the pilots. In the meantime, we 

would develop a training program that is encompassing and would introduce safe, professional, and 

certified operators into the fledgling UAS industry. Such a program could serve as a model for other such 

programs and an invaluable FAA resource.

Operations under the exemption will be subject to strict operating requirements to ensure an equivalent 

level of safety as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize Kestrel to perform research, 

development, and delivery of formally constructed training curriculum to include applications like 

operations of aerial inspections and surveys using the DJI Inspire 1, which at 2935g is small in size and 

powered electrically by battery. The DJI Inspire 1 will be operated under controlled conditions at low 

altitude within airspace that is limited in scope. The DJI Inspire 1 is designed to be operated by one 

person but flight operations can involve two people: an operator and an observer. The operator is 

responsible for flying the UAS, monitoring its status, flight dynamics, maintaining visual line of sight, and 

keeping the flight within the specified factory limits to ensure safe operation of the UAS itself. The 

observer, through control of the unobstructed 360 degree view from its camera, is capable of 

monitoring the airspace for other aircraft and hazards while instructing the operator before and during 

flight as necessary to ensure safe operation. The operator also will be an individual who has passed an 

FAA approved or equivalent ground training exam and authorized program. Finally, if needed, the 

airspace in which Kestrel will operate will be disclosed to and approved by the FAA in advance.

Kestrel respectfully submits that because these small, unmanned aerial systems – The DJU Inspire and 

DJI Phantom – will be used by competently trained operators in lieu of comparatively hazardous 

operations now conducted with fixed wing and rotary conventional aircraft, the FAA can be confident 

that the operations will achieve at least an equivalent level or greater level of safety. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s and the FAA’s 
responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation 

of such aircraft systems in the national airspace system.”

The name and address of the applicant are:

Kestrel Flight Solutions

Attn: Cory Shelton

Ph: 386.631.3815

Email: Cory.Shelton@KestrelUAS.com

Address: 90 Waverly Dr E101

Frederick MD, 21702

The Secondary contact for this application is: Alan Monahan – Alan.Monahan@KestrelUAS.com, 

717-275-4890

The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);
14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Kestrel Flight Solutions (hereinafter referred to as “Kestrel”) submit that granting this exemption 

application for use of the DJI Inspire and DJI Phantom for research and development of formally 

constructed training curriculum to include applications like surveying, mapping, and inspection 

operations will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the 

introduction of UASs into the national airspace system (“NAS”) if it can be accomplished safely. This law 

directs the Secretary of Transportation to consider whether certain companies and UASs may operate 

safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UASs do not create a 

hazard to users of the NAS or the public or pose a threat to national security in light of the following:

The UAS’s size, weight, speed, and operational capability;

Operation of the UAS in close proximity to populated areas; and

Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c).
If the Secretary decides that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. §333(c). Kestrel believes the provisions found in section 333 of the Reform Act creates an 

obligation for the FAA to process applications for exemption and, if necessary, for the FAA to create 

standards for safe use if such standards proposed in this petition for exemption fail to meet statutory 

requirements for approval.

The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation Act. 

This statutory authority’s terms include an exemption for civil aircraft, as defined under §40101 of the 

Federal Aviation Act, and includes UASs, with the intent to exempt such from the mandate that every 

civil aircraft be required to possess a valid airworthiness certificate.

Kestrel’s UASs are rotorcraft with a combined weight, including any necessary added filming, inspection, 

or surveying equipment, of 55 lbs or less. The UASs are capable of moving in vertical and horizontal 

positions at the same time. The UASs can hover and are restricted to speeds of no more than 50mph as 

implemented by the duly trained operator. The UASs operations will always be conducted within the 

line of sight of the operator and will be limited to the confines of a properly secured area. This 

application for exemption strongly expresses that the structure and operations of these UASs will “not

create a hazard to users of the national airspace system or the public.” Reform Act 333 (b). Mandatory 

operating conditions and what constitutes and properly secured area are set forth below.

The applicant seeks to have this exemption cover only civil aircraft as described therein this petition and 

subject to the limitations proposed within this petition or as should be found necessary by the FAA. 

Grant of the exemption to The Coalition will be subject to the following mandatory conditions, which are 

based upon operating conditions set forth for operation of UAS by public entities pursuant to 

Certificates of Authorization, with additional restrictions:

The total combined weight of the UASs and attached equipment will weigh 55 pounds or less. At all 

times the pilot will operate the UAS in an unbroken visual line of sight (VLOS).

No flight operations will fly for more than 30 consecutive minutes without first landing and changing the 

batteries and conducting necessary safety checks.

Once the battery is at 30% the operator must begin return to ground procedures. The UASs are not 

permitted to operate below 20% battery.

Maximum flight altitude shall not exceed 400 Above Ground Level.
Operations to occur during daylight hours.

A minimum 2 person crew consisting of the UAS Pilot and Visual Observer/Camera Operator.

The UAS Pilot must have at least 20 documented hours operating UAS.

The UAS Pilot must have the requisite knowledge about the components required to build and maintain 

the particular type of UASs type they are operating.

UASs will only operate in a properly secured area

A UAS may not operate unless persons within 50ft of operations have consented to being in the secured 

area, as provided in the Kestrel’s pre operations safety manual. With certain enhanced safety 

procedures the required radius may be reduced as low as 30ft

All operations conducted in vicinity of airport to remain within the boundaries of authorized location 

and so as to adhere to any conditions set forth in that authorization.

A UAS will not operate in conditions were winds speeds exceed 30 miles per hour.

Operations shall not be permitted in areas that do not have the consent of the property owners.

In the case of emergency, loss of communications or other malfunction, the UASs are preset to be able 

to return to a pre specified location in a safe manner. The UASs can abort a flight in unexpected 

situations or other emergencies.

All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness certificates. 

The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, titled 

Airworthiness Certificates. The small size of the UASs and limited perimeter of the secured operations 

area allow for an equivalent level of safety as envisioned in Part 11 and Section 333 of the reform act. 

The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided in 

The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. An exemption may be 

permitted after consideration of the size, weight, speed, operational capability, distance from airports 

and amount of persons near areas of operation. A careful consideration of these factors makes it clear 

that UASs, lacking an airworthiness certificate, but, implementing the proposed conditions and 

restrictions, can operate just as safe if not safer than conventional aircraft with an airworthiness 

certificate.
The UASs weigh less than 55 lbs with a full load and cannot carry a pilot or hold any passengers. The 

UASs do not carry fuel or any other explosive or flammable liquids, and will only be operated within the 

properly secured area. The UAS weighs less than 55 lbs. including payloads and uses a battery for power 

and is carried to/from the area of activity. This removes the need for airborne pilots/observers, and 

poses less risk to people and infrastructure on the ground. The petition for exemption will only allow for 

tightly controlled and very closely observed operations as described in this request for exemption. The 

FAA will be informed in advance of the operations area and all local laws will be followed and abided by. 

Kestrel’s UAS operations without an airworthiness certificate will be as safe or safer than conventional 

aircraft operating with an airworthiness certificate because of the conduct limitations provided for in 

this petition that are inapplicable to the latter. Additionally, the proper development of a UAS Pilot 

curriculum through an instructional process will insure safe future operators of UAS for these tasks.

No national security issues are raised by the grant of the requested exemptions. Given the size, load 

carrying capacity, speed at which it operates, and the fact that it carries no explosives or other 

dangerous materials, the DJI Inspire poses no threat to national security.

14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft.

Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting 

of the Roman capital letter “N” (denoting United States registration) followed by the registration 

number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital 

letter. (b) 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.

Regulation 91.9(c) provides: No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

Neither the DJI Phantom nor the DJI Inspire has an entrance to the cabin, cockpit, or pilot station on 

which the markings can be placed. Given the size of the UAS, two-inch lettering will be impossible. 

Official marking systems for small UAS have not yet been established for operations inside the NAS. The 

UASs are currently marked with a fixed label DJI measuring 1.5” x 0.5” as well as a serial number located 

under the body. Kestrel is prepared to mark the inspection system with the name of the organization 
and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) 

where the pilot, observer, and others working with the UAS will see the identification of the UAS.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 

10167A and 10700.

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

Kestrel seeks exemption from 61.113 so that it’s PIC may hold a private pilot’s certificate instead of a 

commercial pilot’s certificate. In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot’s certificate operating the Astraeus UAS would “not adversely 

affect operations in the NAS or present a hazard to persons or property on the ground”. Kestrel’s safety 

training provides an equivalent level of safety and potentially helps exceed current safety levels when 

compared to manned aerial flights. The knowledge Kestrel and its Pilots possess about UAS operations is 

relevant and supplements the safety awareness the PIC learns from getting a private pilot’s certificate. 

Kestrel provides safety and education through the use of the safety operations manual, preflight safety 

checks and proper care for its UASs.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. A 

grant of exemption from 91.7 is needed because there will be no airworthiness certificate. The 

airworthy conditions will be determined according to the Kestrel’s safety manual. The pre-flight safety 

procedures found in the DJI manual provides for an equivalent level of safety. The PIC will be 

responsible for making sure the aircraft is airworthy before each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation requires that no person may operate a U.S.-registered civil aircraft “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.” Given the size and configuration of a UAS, it has 

no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent 

level of safety will be achieved by keeping the flight manual at the ground control point where the pilot 

flying the UAS will have immediate access to it.

The FAA has issued to others 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 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. An equivalent level of safety will be provided as set forth in the DJI Inspire and DJI 

Phantom User Manuals. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.119: Minimum safe altitudes.

Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for exemption 

asks for the submitted UASs to be permitted to operate at altitudes up to 400 AGL. All operations will 

occur in a pre-secured area. The location, size, weight and speed of the UASs provide for an equivalent 

level of safety. Conventional aircraft flying below 500 AGL present a much greater risk to persons and 

property than small UASs operating at the same altitude. Risks to conventional aircraft that are not 

applicable to UASs include combustible fuel and large payloads. The low altitude will actually create an 

unintended buffer between UASs operating below 400 AGL and conventional aircraft operating above 

500 AGL as required by Section 91.119.

Section 91.119(c) provides that no aircraft shall operate within 500 AGL of any “person, vessel, vehicle 

or structure”. Due to the commercial filming nature of the UASs operations, we request operations be 

permitted from much closer distances. This would all take place in accordance with pre-flight safety 

procedures. The operations manual provides that all persons within 50ft must give their consent to be 

present and that such permission may be reduced to 30ft with enhanced safety procedures in place in 

addition to the mandatory safety briefing involving all persons including the PIC. Operations with UASs 
instead of manned helicopters provide an increased level of safety to the public and the Flight Team.

14 C.F.R. §91.121 Altimeter Settings.

This regulation contains language requiring an aircraft to maintain an altimeter. The UASs do not have a 

traditional barometric altimeter and therefore an exemption may be needed. The UASs are, however, 

able to provide an equivalent level of safety through use of GPS altitude equipment. The GPS 

component attached to the UAS uses a communications telemetry data link to send the AGL information 

to the PIC to effectively monitor safety and the flight path. Methods include GPS triangulation, digitally 

encoded barometric altimeter, radio altimeter, Vision Positioning technology, and/ or any combination. 

The GPS on the UAS transmits the appropriate data digitally to a ground readout handheld controlled by 

the PIC. The UAS PIC will reset the altitude to zero before every launch.

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

Section 91.151 (a) disallows aircraft from flying without first having at least 30 minutes of fuel beyond 

their time to take off and land under normal conditions if it’s during the day and 45 minutes for the 

night. Since the UASs can only currently operate for 30 minutes total, before landing and replacing their 

batteries, an exemption is needed. Allowing UAS operations until battery life has reached 20% of its full 

strength will ensure an equivalent level of safety compared to conventional aircraft operations with 30 

minutes extra fuel. The UAS is set to automatically return to a pre-determined landing spot in the case 

of emergency and this can be accomplished quickly. Conventional aircraft generally have less flexibility 

for landing than a small lightweight UAS.

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

This regulation requires that ”no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate” and “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.” Given the size 

and configuration of a UAS, it has no ability or place to carry a Certificate of Registration on the aircraft, 

not only because there is no pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations are for conventional aircraft with an airworthiness certificate and are therefore 

incompatible with the operations of an UAS. Kestrel’s UAS operators are the best suited people to 

perform maintenance on the UASs. This is because they have specialized knowledge about the 

components that a typical aviation inspector would lack. The size, payload, location restrictions, and 

height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis as 

required and a log of all maintenance activities kept.

In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal 

Register, should it be determined that publication is warranted: Applicant seeks an exemption from the 

following rules: 14 C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) & (b); 91.7 (a); 91.119; 91.121; 

91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for 

commercial purposes small unmanned aerial systems (weighing less than 55lbs) for aerial photography, 

inspection, survey, and instructional purposes.

An equivalent level of safety will be achieved because the UAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. As 

provided in the attached User Guide (System Maintenance section), the operator of the UAS will ensure 

that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log 

of any maintenance that is performed. Moreover, the operator is the person most familiar with the 

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent 

level of safety.