1 Petition for FAA 333 Exemption

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE.

Washington, DC 20590

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

Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, DroneBase, Inc. (Operator) seeks an exemption from Federal Aviation 

Regulations (FARs) to allow commercial operations of their UASs (Unmanned Aerial Systems) 

for the purpose of conducting aerial photography, video, and survey for various industries.

This requested exemption follows the language of exemptions Pursuant to Section 333 that have 

previously been approved by the FAA.

Regarding the Unmanned Aircraft Systems

1. The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the below described UAS, so long as operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA as required 
2 Petition for FAA 333 Exemption

by Section 333. Like the FAA, it is the Operator’s mission to provide the safest and most 

efficient means of Civil Commercial implementation into the National Airspace System (NAS).

Systems Used

 DJI Quadcopter Systems (DJI Inspire 1, DJI Phantom III, DJI Phantom II)

 3D Robotics Quadcopter Systems

A) Reference: Inspire 1 User Manual (EN) v1.2, Phantom III Professional User 

Manual (EN) v1.2, 3D Robotics X8-M Operation Manual

B) Reference: Inspire 1 Maintenance Manual v1.0, Phantom III Safety Guidelines, 

3DR X8-M Operation Manual (Safety Section)

C) Reference: Inspire 1 User Manual (EN) v1.0 [FCC Compliance – Appendix Pg 

62], Phantom III Professional User Manual [FCC Compliance, Appendix Pg 56-

57]

Regarding the Unmanned Aircraft PIC

1. Operator proposes to operate its UASs with a pilot holding, at a minimum, a private or sport 

pilot certificate.

The UAS PIC will be trained in advance for the safe operation of the UAS to be operated. 

This will include operation of the UAS both in normal and emergency modes of 

operation, and will include familiarization with the user manual published by the UAS 

manufacturer. Training will also include types of maneuvers to be performed and the safe 

operation in relation to persons, property and applicable airspace.

The PIC must have accumulated a minimum of 100 flight cycles and 25 hours of total 

time as a UAS pilot and at least 10 hours logged as a UAS’s pilot with a similar UAS 

type.
3 Petition for FAA 333 Exemption

All operations must utilize Visual Observers (VOs). VOs who are not pilots will attend 

ground training to understand the roles of an observer, communication procedures, and 

proper visual scan techniques, operations at non-towered airports, and appropriate 

sections of the Aeronautical Information Manual.

2. The PIC must possess at least a third-class airman medical certificate for all of petitioner’s 

flight operations.

Regarding the Operation of the Unmanned Aircraft

1. Operator proposes Civil Commercial operation of an UAS to operate in the following manner:

 Aerial photography, video, and survey data collection for public and/or private 

use including real estate, architecture, construction, land surveying, engineering 

and other related professional activities.

 Aerial inspection/photography of residential/commercial structures under contract

with the owners or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure

including but not limited to electrical power lines, wind turbines and cell towers.

For additional operator adherence, reference:

Inspire 1 Safety Guidelines v1.0, Phantom III Safety Guidelines, 3D Robotics X8-

M Operation Manual [Safety Section]

2. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). The UAS 

must be operated at an altitude of no more than 400 feet above ground level (AGL). 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. UAS operations may not be conducted 

during night, as defined in 14 CFR § 1.1.
4 Petition for FAA 333 Exemption

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

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

- A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of all the days’ production activities.

- Flights will be terminated at 20% battery power.

3. As described fully above, the requested exemption would permit the operation of an UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined 

and d) will provide safety enhancements to the already safe operations in the industry presently 

using conventional aircraft. 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.”

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding 

the proposed operations and the public benefit, reduction in environmental impacts, 

including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest.

4. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with the airport’s 

management is obtained, and the operation is conducted in accordance with a Notice to Airmen 

(NOTAM), as required by the operator’s COA.

5. The UAS must be operated within the visual line of sight (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 
5 Petition for FAA 333 Exemption

maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations.

6. Reference – Inspire 1 User Manual (EN) v1.2, Phantom III Professional User Manual (EN) 

v1.2, 3D Robotics X8-M Operation Manual, Inspire 1 Maintenance Manual v1.0, Phantom III 

Safety Guidelines

7. Operator’s Point of Contact – Dan Burton, 1526 14th Street #106, Santa Monica, CA 90404

8. Operator will obtain any required COAs (if needed) once exemption is granted.

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and the 

imposed conditions and limitations, Operator has demonstrated that its operations would 

not adversely affect safety compared to similar operations conducted with aircraft that 

have been issued an airworthiness certificate under 14 CFR part 21, Subpart H. 

Therefore, as the FAA found for Astraeus Aerial, Exemption 11062, the requested relief 

from 14 CFR Part 21, and any associated noise certification and testing requirements of 

part 36, is not necessary.

14 CFR § 45.23 (b) – Display of marks
6 Petition for FAA 333 Exemption

Since Operator’s UAS has no entrance to the cabin, cockpit, or pilot station on which the 

markings can be placed, two inch lettering will be impossible. Official marking systems 

for small UAS have not yet been established for operations inside the NAS. 

Operator is prepared to mark the UAS with the name of the organization and location nor 

origin and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) 

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

the sUAS. The FAA has issued the following exemptions to this regulation, see 

Exemption Nos. 8738, 10167, 10167A and 10700.

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations

This regulation provides:

(a) This regulation provides that no person that holds a private pilot certificate may act as 

pilot in command of an aircraft for compensation or hire.

(b) This 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; and (2) The aircraft does not carry passengers or property for compensation 

or hire.

All the requirements of a private pilot certificate will prepare the UAS operator for the 

environment that they will be operating in.

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating a UAS would not
7 Petition for FAA 333 Exemption

adversely affect operations in the NAS or present a hazard to persons or property on the 

ground.

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when unairworthy mechanical, electrical, or structural conditions occur. While the 

operator’s UAS will not require an airworthiness certificate, operator is required to 

ensure that its aircraft is in an airworthy condition – based on compliance with the 

operating documents prior to every flight. As previously determined with Astraeus 

Aerial, Exemption 11062, relevant materials may be kept in a location accessible to the 

PIC in compliance with the regulations.

14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard

requirements

14 CFR § 91.203 (a) & (b) - Civil aircraft: Certifications required
8 Petition for FAA 333 Exemption

As previously determined with Astraeus Aerial, Exemption 11062, relief from these

sections are not necessary. Relevant materials may be kept in a location accessible to the 

PIC in compliance with the regulations.

14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain flight 

tests

This 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 controls for 

a UAS do not currently have a set of fully functioning dual controls. If a UAS’s pilot is 

being trained, the pilot performing the training would be directly supervising and could 

take over the controls from the pilot in training if the need arose. This would be similar to 

the technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel 

that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR § 91.119 - Minimum safe altitudes

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission 

of this UAS would be photography or survey of persons, vessels, vehicles or structures it 

would be necessary to operate closer than 500 feet to the items listed. Operations will 

only be flown over property or persons where permission has been obtained, and careful 

pre-planning has been performed. Further, UAS aircraft operate at a very slow airspeed, 
9 Petition for FAA 333 Exemption

and a low mass, and do not need as much space to operate safely, as outlined in 91.119. 

We believe the slower speed, smaller mass and careful pre-planning would provide an 

equivalent level of safety.

Furthermore, Operator can place barriers and/or structures to sufficiently protect

nonparticipating person from the UA or debris in the event of an accident.

14 CFR § 9l.l21 - Altimeter settings

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. The UAS will 

normally be flying close to the ground, and in line of sight of the PIC or an observer. This 

line of sight operation will provide separation from other aircraft, obstructions and terrain 

providing an equivalent level of safety. Additionally, the altitude information generated 

by onboard GPS equipment installed on the aircraft will aid in estimating the altitude.

14 CFR § 91.151 - Fuel requirements for flight in VFR conditions

This regulation provides that no person may begin a flight in an airplane under dayVFR

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a 

reasonable reserve of energy to plan for a safe landing should there be a delay in landing. 

Given the close proximity to the ground station, the ability for the UAS to land in a very 

small space and the built in energy level monitoring of the UAS there is a resulting 
10 Petition for FAA 333 Exemption

equivalent level of safety if the flight is planned to be completed with 20% battery energy 

remaining. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR § 91.205 (b) – Powered civil aircraft with standard category U.S.

airworthiness certificates: Instrument and equipment requirements

Since the Operator’s UAS does not have a standard category U.S. airworthiness

certificate, relief from 14 CFR § 91.205 is not necessary.

14 CFR § 91.215 - ATC transponder and altitude reporting equipment and use

Section 91.215 (b)(3) includes provision for aircraft not originally certificated with an

engine-driven electrical system or which has not subsequently been certified with such a 

system installed. For UAS not equipped with a transponder, sub-paragraph (d)(3) 

authorizes requests for ATC authorized deviations made to the ATC facility having 

jurisdiction over the concerned airspace within the time periods specified. For operation 

of an aircraft that is not equipped with a transponder, the request must be made at least 

one hour before the proposed operation.

14 CFR § 91.401 – 91.417 – Maintenance, preventive maintenance, and alterations
11 Petition for FAA 333 Exemption

This regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43. Operator 

believes that adherence to their documents containing preflight and postflight checks for 

the UAS is sufficient to ensure that safety is not adversely affected.

Thank you for your consideration. 

Best Regards,

Dan Burton

CEO, DroneBase Inc

1526 14th Street, Santa Monica, CA 90404

Email: Dan@dronebase.com