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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, Drone Dispatch, LLC 

(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 
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the conditions outlined herein or as may be established by the FAA as 

required 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 

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 
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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. 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, 
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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. 

- 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.” 
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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 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 – Kevin Whatley, 1401 Sunny Meadows

Loop, Georgetown, Texas 78626

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

is granted. 
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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 

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, 
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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 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 
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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 

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 
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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 preplanning has been performed. Further, UAS aircraft operate at a 

very slow airspeed, 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 
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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 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 
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least one hour before the proposed operation. 

14 CFR § 91.401 – 91.417 – Maintenance, preventive 

maintenance, and alterations 

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 post flight checks for 

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

Thank you for your consideration. 

Best Regards, 

Kevin Whatley

CFO, Drone Dispatch LLC 

1401 Sunny Meadows Loop, Georgetown, Texas 78626

Email: info@dispatchadrone.com