UASolutions Group, Inc.

2518 Auburn Drive, Cocoa FL 32926

Tel: (321) 261-2547

Kellyneubecker@uasolutionsgroup.com

August 7, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft 

Systems (sUAS) Operations Allowed by Section 333 of the Federal Aviation Administration 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary

On behalf of our clients, UAS Focus, LLC and pursuant to Section 333 of the Federal 

Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”), Subsection

(f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, UAS Focus, LLC (hereafter known as the 

“Petitioner”), an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct full 

service photography and videography seeks exemption from the following listed Code of Federal 

Regulations (“CFR”) to allow commercial operation of the previously approved 3D Robotics 

X8+ within the National Airspace System (NAS) for controlled, low-risk, aerial surveying and 

engineering, remote sensing, agriculture and ranching purposes, real estate photography, 

construction site inspections and monitoring, power line, stack and pipeline inspections, tower 

inspections, surface mining, wildlife and forestry monitoring, timber monitoring, law 

enforcement and first responders, and educational and training operations over certain areas of

the United States, conducted within and under the conditions outlined herein, or as may be 

established by the FAA, as required by Section 333 requirements. 

As described more fully below, the requested exemption would permit the operation of 

the 3D Robotics X8+ sUAS by Petitioner under controlled conditions in predetermined airspace 
2

that is 1) Limited in scope 2) Controlled as to access by mission essential personnel only. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system” as stated within Section 

333(c) of the FMRA. In making this determination, the Secretary is required to determine which 

types of sUAS do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the aircraft’s size, weight, speed and operational capability; 

Operation of the sUAS in close proximity to airports and population centers; Operation of a 

sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 

as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate the 3D Robotics X8+ sUAS while keeping the documents required 

by the regulations at the ground control station and immediately accessible to the Pilot in 

Command (PIC) and by modification of the required markings (registration number) of the sUAS

to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

UAS Focus, LLC

The primary contact for this petition, with a copy to me at the address above is:

Dennis D'Annunzio

UAS Focus

1240 Winnowing Way, Suite 102

Mount Pleasant, SC 29466

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

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

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c)

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 
3

h. 14 C.F.R. 91.405(a), 

i. 14 C.F.R. 91.407(a)(1), 

j. 14 C.F.R. 91.409(a)(1) and (2), and 

k. 14 C.F.R. 91.417(a) and (b). 

C. Corporate Background

UAS Focus, LLC is a South Carolina based company of innovative new technologies, 

offering a complete line of sUAS and unmanned solutions with the operational infrastructure to 

provide precision aerial video and photography for aerial surveying and engineering, remote 

sensing, agriculture and ranching purposes, real estate photography, construction site inspections 

and monitoring, power line, stack and pipeline inspections, tower inspections, surface mining, 

wildlife and forestry monitoring, timber monitoring, law enforcement and first responders, and 

educational and training operations in different geographical locations throughout the Unites 

States in a safe, convenient, and legal manner. 

UAS Focus, LLC’s sUASs for the purposes of this petition is the 3D Robotics X8+. The 

3D Robotics X8+ both meet the requirements for determination of Summary Grant for 

exemption as each platform has been previously approved by the FAA in numerous other 

Petitions. All operational manuals for the 3D Robotics X8+ have been previously submitted and 

reviewed by the FAA. 

The following additional manuals are a set of Confidential Documents under 14 CFR 

11.35(b) as each document and manual contains proprietary information that the applicant has 

not and will not share with others. The documents and manuals contain specifications, operating 

conditions and procedures, maintenance procedures and a safety management program that are 

not available to the public and are protected from release under the Freedom of Information Act 

5 USC 552 et.seq.

• UAS Focus Operations Manual

• UAS Focus Safety Management Systems Manual (SMS)

• UAS Focus Maintenance Manual (MM)

• UAS Focus Privacy Policy

UAS Focus, LLC will operate only within visual line of sight (VLOS) and during 

daylight hours in Visual Flight Rules (VFR) conditions. Additionally, UAS Focus, LLC will 

operate only within the parameters defined in the blanket Certificate of Authorization (COA) 
4

issued by the FAA under the new interim policy. In the event any UAS Focus, LLC operation 

exceeds the 200 foot limitation imposed by the policy, a separate COA specific to the airspace 

required for that operation will be obtained prior to flight operations. Such requirements will 

insure that the sUAS will “not create a hazard to users of the national airspace system or the 

“public” as stated in Section 333 of the FMRA. 

D. Airworthiness 

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation. , 

Also, in accordance with FAA N 8900.291, Petitioner has an established inspection and 

maintenance program for the continued airworthiness of the aircraft in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components.

E. 3D Robotics X8+ Professional Operational Capabilities

Petitioner seeks an exemption to operate the 3D Robotics X8+ for limited approved 

commercial purposes within the NAS1. The 3D Robotics X8+ are multi-rotor sUAS aircraft

comprised of a VTOL UA and a transportable GCS. The 3D Robotics X8+ do not carry any 

flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the 

UAS's position and height and relays that information via a secure connection to the operator. 

Additionally, the 3D Robotics X8+, have the capability to operate safely after experiencing 

certain in-flight contingencies or failures and uses an auto-pilot system to maintain UAS 

stability and control. The UAS is also able to respond to a loss of GPS or a lost- link event with 

pre-coordinated automated flight maneuvers. 

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

 

1 UAS Focus, LLC will submit Aircraft Registration Applications as required, upon the grant of 

the exemptions sought by this petition.

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?
5

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

authorization.”).

3

 Under Section 333 Congress mandates that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion 

of the plan and rulemaking required by Section 332 of this Act or the guidance required by 

section 334 of this Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight.” 

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f)4(authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).5

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

 

3 See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft

systems in the NAS.”).

4 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of [Title 49] if the Administrator finds the exemption is in the public interest.”

5 See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
6

G. 3D Robotics X8+ Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within VLOS of the PIC, with the assistance of a 

visual safety observer (“VO”), and confined within the boundaries of a consenting landowner’s 

property and not in the proximity of airports or populated areas, the 3D Robotics X8+ is the 

very category of sUAS that qualifies for expedited approval under Section 333.

1. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

low risk areas and in accordance with the blanket 200-foot COA requirements at an altitude of no 

more than 200 feet above ground level (AGL). In the event a UAS Focus, LLC operation is 

required to exceed the 200-foot limitation imposed by the policy, a separate COA specific to the 

airspace required for that operation will be obtained prior to operations at an altitude of no more 

than 400 feet AGL. All altitudes reported to ATC will be in AGL when required and any 

operations conducted within 5 nautical miles (NM) of the geographic center of a non-towered 

airport will obtain a Letter of Agreement with the appropriate airport management and made 

available to FAA upon request. In addition, access to any property will be limited to persons 

associated with and necessary to flight operations.

2. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sUAS. The 3D Robotics X8+ will at all times be flown by Petitioner

only in the daytime (not at night) under VMC, within VLOS of the PIC, with the further 

assistance of the VO with whom the PIC will have the ability for direct and continuous twoway verbal communications

6

so as to ensure that the flight operations remain within the PIC’s 

VLOS and prescribed flight boundaries and de-conflict with objects in the air and on the 

ground. Thus, pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the 

proposed operations will provide an approved method of control and collision avoidance to 

satisfy the “see and avoid” requirement of 14 C.F.R. § 91.113:

 

6 PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment
7

Only qualified and current PIC’s and VOs will be used.

3. Other Factors

a. 3D Robotics X8+ Safety Systems 

Petitioner proposes that requirements should take into account the characteristics of these 

particular sUASs. The 3D Robotics X8+ is characterized by a high degree of pre-programmed 

control, various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation. At a minimum: geo-fencing at a maximum 

ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to 

the operator to prevent a "fly away," and safe abort procedures. If the 3D Robotics X8+ loses 

communications or its GPS signal, it will return to a pre-determined location and land or be 

recovered in accordance with the User’s Manual. The 3D Robotics X8+ will have markings 

identifying the serial number and identification (N-number) markings as large as practicable. 

Further, UAS Focus, LLC operations will comply with all manufacturer Safety Bulletins. 

b. Safety Management System

A Safety Management System (SMS) approach will regulate Petitioner’s operation of 

the 3D Robotics X8+ and will significantly contribute to maintaining the level of safety

contemplated by the airworthiness certificate requirements from which Petitioner now seeks

relief.

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general), each 

person performing maintenance, alteration, or preventive maintenance on the 3D Robotics 

X8+, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed 

in the current manufacturer's User’s Manual or Instructions for Continued Airworthiness 

prepared by its manufacturer, or other methods, techniques, and practices acceptable to the

Administrator. Each person shall use the tools and equipment necessary to assure completion

of the work in accordance with accepted industry practices.

c. Flight Operation Limitations and Safety

In seeking this exemption, Petitioner proposes to operate the 3D Robotics X8+ pursuant

to the following specific operating limitations: 

1. The 3D Robotics X8+ all weigh less than 55 pounds, fully loaded.

2. The 3D Robotics X8+ shall only be operated at or below 200 ft AGL, unless a 
8

separate COA specific to the airspace required for that operation is obtained prior to 

operations at an altitude of no more than 400 feet AGL.

3. The 3D Robotics X8+ shall be operated within VLOS of the PIC and safety VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements.

5. The 3D Robotics X8+ shall be operated pursuant to Day Visual Flight Rules (VFR) 

in visual meteorological conditions (VMC). The 3D Robotics X8+ shall be 

operated only during daylight hours (i.e. between the end of morning civil twilight 

and the beginning of evening civil twilight, as published in the American Air 

Almanac, converted to local time).

6. The 3D Robotics X8+ shall operate from on-site takeoff/landing locations directly 

next to the PIC and co-located VO. The PIC and the VO shall be able to verbally 

communicate during all operations. 

7. Operations shall be conducted by certificated airmen who possess either a 

commercial, private, recreational, or sport pilot certificate.

8. The PIC will be a FAA licensed airman and will hold a current airman medical 

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

Puerto Rico, a territory, a possession, or the Federal government. The PIC will also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

9. The PIC shall have successfully completed the training and qualification processin 

accordance with 3D Robotics X8+ Pilot Training Guide. PIC qualification flight hours 

and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training 

operations will only be conducted during dedicated training sessions. 

10. A minimum of three take-offs and three landings in the preceding 90 days will 

be required by the PIC to maintain currency, such log of which shall be made 

available to the Administrator upon request.

11. All operations will utilize a VO. The UA will be operated within the VLOS of the

PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC will be able

to communicate verbally at all times; electronic messaging or texting is not 
9

permitted during flight operations. The PIC will be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the duties required of the VO.

12. The UA will 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.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 

designated as PIC and will follow the necessary procedures to assume control.

14. A briefing will be conducted in regard to the planned operations prior to each 

flight. It will be mandatory that all personnel who are performing duties within 

the boundaries of the flight operations safety perimeter be present for the 

briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations. UAS Focus, LLC will only operate 

within the guidelines of the blanket 200-foot COA under the FAA’s interim 

policy. For flights above 200 feet AGL, UAS Focus, LLC will operate in a 

confined geographic area as defined by a separate approved ATO issued COA.

16. Petitioner will file a NOTAM for each flight at least 24 hours in advance of each 

flight with the appropriate FSDO.

17. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 

with the appropriate airport management and made available to FAA upon 

request.

18. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 

indicating location, altitude and duration of the proposed flight.

19. 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 at least 12 hours in advance of any flight 

operation.
10

20. The 3D Robotics X8+ shall be marked with an identification (N-Number) in 

accordance with 14 C.F.R. § 45.23, such markings to be as large as practicable 

pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in 

accordance with 14 C.F.R. Part 47.

21. All flights will remain clear and yield the right of way to all other manned 

operations and activities at all times, including, but not limited to: ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.

22. Flights will 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.

23. The 3D Robotics X8+ shall be operated at an airspeed not to exceed 40 knots.

24. Any time the 3D Robotics X8+ is operating, all documents required under 14 

C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such 

documents shall be made available to the Administrator or any law enforcement 

official upon request. 

25. The 3D Robotics X8+ shall not be operated directly over any person, except 

authorized and consenting personnel required for flight/imaging operations, 

26. The radio frequency spectrum used for operation and control of the 3D Robotics 

X8+ shall comply with the requirements of 3D Robotics X8+ manuals and the 

SOP. The 3D Robotics X8+ shall at all times be operated to ensure a safe distance 

away from all participating and non-participating personnel, at least 500 feet away 

from persons not involved in the flight operations (non-participating persons)

unless: 

 Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons.

 The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 
11

determined that it does not present an undue hazard.

27. The flight will be terminated at 25% battery power reserve. 

28. Prior to each flight, the PIC shall inspect the 3D Robotics X8+, including any 

inoperable components, items or equipment, to ensure it is in an airworthy

condition for safe flight. If the inspection reveals a condition that affects flight 

readiness or safe operations, the 3D Robotics X8+ shall not be operated until the 

necessary maintenance has been performed and it is found to be in a condition 

for safe flight. Any discrepancies and all maintenance or alterations shall be 

documented in the aircraft records, such records to be made available to the 

Administrator upon request.

29. Except as may be designated otherwise for Fail-Safe operations, the 3D Robotics 

X8+ shall take off and land at a location within the boundaries of the subject 

property next to the PIC.

30. Upon loss of communication or GPS signal, the 3D Robotics X8+ shall return to 

a predetermined location within the boundaries of the landowner’s property and 

land or be recovered in accordance with the User’s Manual. 

31. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the 3D Robotics X8+, if airborne, shall return 

to a predetermined location.

32. The 3D Robotics X8+ shall be maintained in accordance with the manufacturer’s

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

the aircraft and aircraft components and in accordance with FAA N 8900.291. 

33. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

boundaries of the operational area as defined by the applicable COA shall be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall 

also be reported to the National Transportation Safety Board (NTSB). Further 

flight operations shall not be conducted until the incident, accident or 

transgression is reviewed by the UAS Integration Office and authorization to 
12

resume operations is provided.

d. Privacy

All UAS Focus, LLC’s UAS operations will be conducted in accordance with 

applicable Federal, State, and local laws regarding privacy. All operations shall be conducted 

over private or controlled-access property with permission from the land/building 

owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

e. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 3D 

Robotics X8+ and the 3D Robotics X8+ will at all times remain in Petitioner’s custody.

4. .Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s record of safety and the small size of the sUAS involved and the controlled sterile 

area within which they will operate, Petitioner falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUASs to commence immediately. Petitioner will operate the 

3D Robotics X8+ in accordance with the aforementioned flight limitations without creating a

hazard to other aircraft or persons or property on the ground. The fact that each PIC will be 

required to be screened by the Department of Homeland Security, approval of the petition presents no 

threat to national security. Further, given its small size and limit load capacity, the 3D Robotics 

X8+ sUAS is incapable of carrying any substantial external load, including explosive materials

or flammable liquids. 

For all of these reasons, Petitioner’s proposed operations using the 3D Robotics X8+ qualify 

for expedited approval of the sought exemption pursuant to Section 333 for the specified uses 

and under the proposed operating requirements and restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no 

adverse effect on safety for the following reasons. 

1. Public Interest Generally

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the

proposed operations, the significant public benefit, and cost savings to be realized as a result of 
13

the use of sUAS for product demonstration and training services. Moreover, the FAA has 

previously granted identical exemptions for sUAS.

7 The 3D Robotics X8+ are battery powered

sUASs that serves as a safer, more efficient, and economical alternative to larger and heavier 

manned aircraft carrying flammable liquid fuels, traditionally use for aerial photography or aerial

surveying. This will provide for an added superior level of safety to persons and property in the 

air and on the ground than that provided by manned aircraft performing the same operations. No 

pilot or crew need be airborne and granting the exemption would also decrease the number of 

manned aircraft in the NAS and, as a result, reduce congestion as well as the environmental 

impact of such operations. Using the 3D Robotics X8+ also provides the benefit of greater

operational flexibility and reduced cost when compared to manned aircraft.

a. Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the 3D Robotics X8+ is unmanned, the proposed operations eliminate the risk to 

pilot and crew associated with flying such aerial-surveying missions in confined airspace at low 

altitude. Further, given its small size and weight and low airspeed, using the 3D Robotics X8+ also 

reduces the risk of damage or injury to persons or property on the ground, and in the air, were there to 

be an unforeseen mishap. 

b. Reduced Environmental Impact

Using the 3D Robotics X8+ sUAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging 

operations. Because it is battery powered and uses electric motors, the 3D Robotics X8+ sUAS

consumes no fuel, generates no air pollution, and creates very little noise. As a result, the public is 

benefited as a result of reduced environmental impact, reduced operator and other human 

exposure, and greater fuel conservation, which serves additionally to support our Government’s 

specific efforts to reduce the U.S.’s carbon footprint.8

c. Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The 3D Robotics X8+ also does not require a runway or helipad to takeoff or land and 

will not be operated within the close proximity of any airports without prior FAA approval. As 

such, fewer aircraft will need to be handled by air traffic control during ground, takeoff,

 

7 UAS Focus, LLC requests that the FAA not solicit public comment on its petition because it

would not set any new precedent and because the relief requested is identical to exemptions

granted previously. 14 C.F.R. § 11.87.

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
14

departure, arrival, and landing phases. Operations pursuant to this Petition will further reduce the 

number of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of 

imaging operations as well as congestion around airports due to aircraft arrival and departure.

d. Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble 3D Robotics X8+ than 

can be obtained using manned aircraft or other ground-based methods. Due to its small size and 

superior flight performance characteristics, the 3D Robotics X8+ allows for images to be taken from 

certain locations and angles and with better precision than using manned aircraft. As a result, less 

time is needed in the air to obtain the desired footage, which in addition to providing the benefit of 

fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air 

and on the ground, reduced noise, etc., allows for the production of surveys, which benefits

consumers. This additionally ensures that companies such as UAS Focus, LLC and its customers 

remain competitive and profitable, thereby providing their employees greater job stability, which 

ultimately contributes further to the U.S. economy through increased consumer spending. 

e. Increased Operational Flexibility and Reduced Cost

Using the 3D Robotics X8+ also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner

can operate the 3D Robotics X8+, which it has purchased and outfitted at lower combined cost, 

innumerable times and at the convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with 

+0approved processes and checklists and in compliance with all applicable FAA safety policies 

and guidance. Accordingly, and as detailed herein, granting the requested exemption would 

not adversely affect safety. Indeed, as detailed below, operations pursuant to the limitations 

and guidelines addressed herein and the safety procedures, Petitioner will provide an 

equivalent level of safety to those regulations from which Petitioner seeks exemption. The 

FAA has also recently set precedence by granting exemptions with similar aerial photography, 

imaging, and surveying parameters in all material respects, to those presented herein. For these 

reasons, UAS Focus, LLC’s operations pursuant to this Petition also qualify for an exemption. 

I. Exemptions Sought By Petitioner and Reasons for the Requested Relief
15

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the 3D Robotics X8+

sUAS, Petitioner seeks an exemption from the subsection (i.e., that the marks be displayed on 

both surfaces of the cabin, fuselage, boom, or tail) because the 3D Robotics X8+ sUAS is of 

insufficient size to accommodate any such marking. Thus marking the 3D Robotics X8+ sUAS

as required by this subsection would not be possible.

An equivalent level of safety can be provided instead by marking the 3D Robotics X8+

sUAS, as may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its 

largest available surface so as to permit such marking to be displayed to pilot, crew, and 

others.

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

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

hire.
16

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the 3D 

Robotics X8+ will not carry a pilot, passengers or property (other than a camera). As addressed, 

the 3D Robotics X8+ is a very light, remotely controlled sUAS with no persons or property on 

board. Each flight is planned and fully coordinated in advance in accordance with those 

procedures provided in the SOP. Thus the risk associated with the proposed operations is so

diminished from that associated with commercial operations contemplated by Part 61, that

allowing a PI C having a private pilot certificate, rather than a commercial certificate, met the

minimum flight hour and qualification criteria, and operating according to the limitations and 

guidelines provided herein, provides a level of safety that exceeds that provided by a pilot

having a commercial certificate operating a conventional aircraft as required under the 

regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the 

SOP, and the Maintenance Manual, for maintaining the aircraft and checking it before each 

flight to ensure that it is in peak operational condition, an equivalent level of safety will be

provided.

4. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—
17

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the 3D 

Robotics X8+ sUAS is by definition an unmanned aircraft, having neither pilot nor crew so as to 

be stationed or harnessed as required by the regulation. An equivalent or even higher level of

safety can be provided instead by using an unmanned aircraft controlled by a PIC who at all times 

is located at and controls the 3D Robotics X8+ from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the 3D Robotics X8+ sUAS will at times be operated either at or below 200 or 400 feet 

AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 
18

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the 3D Robotics X8+ sUAS flight operations will be monitored

at all times by both the PIC and VO and will be in compliance with local public safety

requirements, so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

6. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, 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.” Petitioner seeks exemption from Section 91.121 because the 

3D Robotics X8+ sUAS does not use or have on board a typical barometric altimeter as 

contemplated by the regulation. 

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with altitude 

information downlinked from the 3D Robotics X8+ to the PIC to maintain altitude and ensure 

safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as 

confirmed for accuracy by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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, to fly 

after that for at least 20 minutes.

The 3D Robotics X8+ is an unmanned aircraft, and thus would not begin a flight with a 

person in it as the regulation contemplates. To the extent the regulation applies to the 3D 

Robotics X8+, the 3D Robotics X8+ has a maximum flight duration of 18 minutes, depending 
19

upon atmospheric conditions and type of camera or sensor. 

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve or 4 minutes whichever occurs first, as provided in the SOP. Given that the 3D 

Robotics X8+ will be operated within the VLOS of the PIC, within the confines of the particular 

landowner’s property with prior written consent of the landowner and participating and nonparticipating personnel, this restriction would provide more than enough battery reserve to 

accommodate a safe return to the landing zone from anywhere in the operating area with no 

adverse effect on the safety of persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) 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;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter;

Section 91.409 (a)(2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.
20

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 
21

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the 3D Robotics X8+ sUAS will 

operate pursuant to this Petition without airworthiness certification. An equivalent level of 

safety can be provided instead by requiring, as provided herein, that inspections and 

maintenance be accomplished according to the inspection, maintenance, and preflight sections 

IAW the manufacturer’s guidance in the 3D Robotics X8+ User’s Manual. Among other things, 

the 3D Robotics X8+ will be inspected prior to each flight to confirm that it is in good working 

order. Any maintenance or repairs will be perform and logged, and, upon any work being 

performed on the 3D Robotics X8+, it will be checked and approved for flight by personnel 

before being returned to service. 

The FAA has already set precedence by previously granted exemptions in circumstances 

similar, in all material respects, including airframe types, to those presented herein. 
22

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit 

safe operation of the 3D Robotics X8+ sUAS commercially, for the purposes of low-risk, , 

aerial surveying and engineering, remote sensing, agriculture and ranching purposes, real estate 

photography, construction site inspections and monitoring, power line, stack and pipeline 

inspections, tower inspections, surface mining, wildlife and forestry monitoring, timber 

monitoring, law enforcement and first responders, and educational and training operations. By 

granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of 

Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of 

operations of certain sUAS in the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from 

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: Dennis D’Annunzio