Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

January 17, 2015

U.S. Department of Transportation.

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: 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 CFR Part 11, 

Earth Forensics (“EFI”), seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the 

PHANTOM 2 Vision+ quad-copter (“PHANTOM”) unmanned aircraft system (UAS) manufactured by DJI

Innovations. 

EFI is comprised of a team of geologists, hydrogeologists, engineers, and professional educators hired by public 

entities and private industry around the globe to investigate, identify, and implement solutions to geologic, 

hydrologic, and environmental concerns. Currently, EFI provides aerial blimp photo services to use in the

assessment of natural hazard and integration into Geographic Information Systems (GIS) for private and public 

agencies. With the integration of unmanned aircraft technology into EFI’s aerial photo services, it will provide 

another tool for the quick assessment of potentially hazardous conditions (landslide and flooding) that may pose as a

determent to the public safety.

Dr. W. Richard Laton, the owner and Principal Scientist of EFI, has been operating a lighter-than-air unmanned 

aircraft system “blimp” for the past 25 years for the use of natural hazard assessment. Dr. Laton is a licensed 

geologist and hydrogeologist in 11 US states. Dr. Laton is also a professor at Cal State Fullerton University and has 

incorporated the use of blimp aerial photography into his research and course work in the assessment of natural 

hazards and environmental analysis. EFI’s blimp is used in photogrammetry and aerial photo assessment in areas 

where there is a potential for harm to the public or environment. Though the blimp is tethered, Dr. Laton understands 

the regulations of operating a manned aircraft and the potential of unmanned aircraft technology that can be used in a 

safe manner under the FAA’s approval.

Dr. Laton and Rene Perez another employee at EFI, have flown UAS for a hobby over the past 4 years without any 

incidents. Currently, remote controlled UAS's are legally operated by unmonitored amateur hobbyists that do not 

have the same restrictions placed on them as those for commercial use. EFI feels that by gaining FAA approval to 

this exemption will result in the safe operation of UAS by EFI that will far exceed those safety protocol that most 

hobbyist currently adhere to.

Approval of EFI’s request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities 

and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the 

safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform 

Act specific to the use of UAS's for assessment of natural hazards and environmental analysis.. Further EFI will 

conduct operations in compliance with the protocols described herein or as otherwise established by the FAA
2

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

Small Unmanned Aircraft System (sUAS)

EFI will be operation a DJI Phantom 2 Vision + (“PHANTOM”). Safety features included in PHANTOM provide a 

level of safety that far exceeds those required by the FAA, The PHANTOM contains state of the art features such as 

programmability, GPS navigation, return home capability, airport vicinity no-fly feature and restricted altitude 

feature, as well as differentiating radio frequency (rf) for aircraft controller/receiver and for the camera. (See The 

PHANTOM is flight is controlled by the rf control receiver while the onboard camera is controlled by the DJI Vision 

APP for a smart phone or tablet (“APP”). See Attachments: User Manual.

The hobby grade radio controlled UAV that has the capacity for software upgrades. It is light, less than 3 pounds 

including battery and camera. Incorporated into the programming of the Phantom is an automatic return home feature 

that automatically directs the craft back to point of takeoff should communication with the transmitter be lost. The 

Phantom has a cruising speed of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. 

Gross weight is 2.86 pounds.

The Phantom has an additional communication link between the camera and craft on a different rf for a smart phone 

connection. Allowing the operator or Pilot in Command (PIC) to monitor battery level, altitude (AGL), distance from 

PIC, camera imagery, and control camera angle.

The software for the Phantom allows the operator or PIC to set maximum altitude AGL for each flight, allowing 

customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as an examples. The 400 foot 

maximum AGL can be programmed into the sUAS software pre-flight to insure compliance with FAA standards. 

Adding to the safety capabilities of this sUAS. This sUAS is programmed to remain in position when controls are 

released. Maintaining altitude and GPS location.

One additional feature included in the APP is the capability to monitor battery levels on the ground. The APP will 

warn the PIC when the battery life has reaches 20 percent or when the UAV is reaching a point where it will not be 

able to returned to home point. At which point alarms start sounding and the App will ask if the UAV should return 

to its home point. Even though these features exist as a safe guard, EFI does not envision using them since the sUAS

will always operate with at least 30% battery life remaining. 

The Phantom has an altitude and radar monitoring function that allows the operator more precise determination of 

height, direction of flight and distance from the operator PIC. The operator or PIC can monitor GPS lock status while 

sUAS is in flight, with the ability to anticipate loss of GPS locking so the operator or PIC can land the sUAS as a 

precaution.

The aircraft onboard GPS enabled still camera that allows it to conduct precision photogrammetry at the resolutions 

necessary for assessment of landslide movement and flood monitoring. This high-resolution data can be used to 

calculate differential ground movement as a safe distance from a potentially dangerous ground movement event. 

Another use of the data is for the quick assessment of accumulation of sediment in basins in order to minimize the 

potential for flooding to occur and endanger public safety. This data would help private and public entities in 

assessing the potential for earth movement and potential adverse effect to the public safety quickly. By approving 

these exemptions, the FAA will create benefits to both the public and private sectors and enhance public safety which 

are ultimately in the public’s best interest.

The requested exemption would support an application for a commercial Certificate of Authorization to use the 

system to support quick geologic hazard assessment; namely landslide and flood assessment. The PHANTOM 

system consists of a lightweight (3 lb) battery operated Unmanned Aircraft (UA), ground-based remote controller, a 

tablet-based ground control station, and associated communications equipment.

Unmanned Aircraft Pilot in Control (PIC)
3

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

Because the UA will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of 

the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 

when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present 

level of safety achieved by 14 CFR §§61.113 (a) & (b).

Operation of the Unmanned Aircraft (UA)

EFI’s exemption will not adversely affect safety and will operate at a level of safety at least equal to existing rule. 

The limitations and conditions to which EFI agrees to be bound when conducting commercial operations under an 

FAA issued exemption include:

 EFI’s UA weighs less than 3 lbs.

 The UA will be piloted through remote control only in line of sight up to a distance of 1,000 feet.

 All operations will occur in Class G airspace at no more than 400' AGL.

 Minimum crew for each operation will consist of the UA Pilot, and the Visual Observer.

 UA Pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class medical

certificate. The observer will hold at least a third class certificate.

 PIC and observer will have been trained in operation of UA generally and received up-to-date information.

 The UA is equipped with a GPS flight safety feature whereby the UA will return to take off point and slowly 

lands if communication with the remote control pilot is lost.

 The UA will operate in reasonably safe environment that are strictly controlled, are away from power lines, 

elevated lights, airports and actively populated areas.

 EFI will conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance. These pre-flight measures include but not limited to reviewing existing topographic maps, 

google earth imagery, and inspection of the flight area before UA take-off.

 All required permits will be obtained from state and local government prior to operation.

 The UA will not be operated at air shows or over an open-air assembly of people.

 The UA will not be operated over heavily trafficked roads.

 The UA will not be operated within 5 NM of an airport or heliport.

 Operations will be limited to day, visual meteorological conditions.

 The UA will not be operated over urban or populated areas.

1. 14 CFR 11.81 (a) Contact Information: 

Earth Forensics, Inc.

Attn: Dr. W. Richard Laton

Ph: 714-296-4055 or 714-612-3046

Fax: 714-771-2620

Email: wlaton@earthforensics.com or rperez@earthforensics.com

2. 14 CFR 11.81 (b) – Exemptions Requested: 

The FAA considers unmanned aircraft as “aircraft” flown by a “pilot” regardless of the location of the pilot. All 

aircraft and pilots must comply with applicable sections of Title 14 of the Code of Federal Regulations (14 CFR) and 

other rules/regulations to operate within the National Airspace. Unmanned aircraft are unable to comply with certain 

sections of 14 CFR as the regulations were written prior to the consideration of small UAS integration within the 

national airspace. Therefore, EFI is respectfully requesting an exemption from certain parts of 14 CFR cited below, 
4

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

in addition to such further exemptions and relief as the FAA may determine is necessary to permit the operations 

described herein.

14 CFR Part 21 Subpart H – Airworthiness certification

14 CFR Part 45.23 & 45.29 – Display of marks; general & Size of Marks

14 CFR Part 61.113 (a) and (b) – Private pilot privileges and limitations: Pilot in command 

14 CFR Part 91.7 – Civil Aircraft Airworthiness

14 CFR Part 91.9 (b) – Civil aircraft flight manual, marking and placard requirements

14 CFR Part 91.103 – Pre-flight action

14 CFR Part 91.109 – Flight Instruction

14 CFR Part 91.119 – Minimum safe altitudes

14 CFR Part 91.121 – Altimeter settings 

14 CFR Part 91.151 – Fuel requirements for flight in VFR conditions

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required

14 CFR Part 91.405 – Maintenance required

14 CFR Part 91.407 – Operation after maintenance, preventive maintenance, rebuilding or alteration

14 CFR Part 91.409 – Inspections

14 CFR Part 91.417 – Maintenance Records U.S. DOT-FAA-Air Traffic Organization Policy

3. 14 CFR Part 11.81 (c) – The extent of relief EFI seeks, and the reason EFI seeks the relief: 

EFI seeks relief pursuant to this exemption from applicable parts of the Federal Aviation Regulations and other 

rules/regulations to the extent necessary to permit civil flight operations within the national airspace. EFI seeks 

authorization to conduct small UAS flight operations within the perimeters of this exemption request. 

a. 14 CFR Part 21 Subpart H (Airworthiness Certificates)

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

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an 

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set 

out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in 

compliance with local public safety requirements, to provide security for the area of operation as is now done 

with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, 

which already apply to civil aircraft operated in connection with motion picture and television production, 

provide a greater degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability 

to carry a substantial external load.
5

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 11066, 11062, 11067 

11065, 11138, 11136, and 11111.

b. 14 CFR 45.23 (b) Display of marks; general and 45.29 Size of marks

EFI, as the petitioner seeks relief from Part 45.23 (b) requiring markings on certain sections of the aircraft 

and markings of a certain size. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.

The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed. The size of the 

sUAV limits the size of the lettering that can be placed. The sUAV will have the words “Experimental” 

placed on the fuselage as large as possible in compliance with §45.29 (f) .

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS 

as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 

10700, 8738, 10167 and 10167A.

c. 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial 

pilot privileges and limitations

Part 61.113 (a) states that 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 or an aircraft. Part 61.113 (b) states that 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. The FAA stated that it had to determine the level of 

pilot certificate appropriate for that proposed operation within the Grant of Exemption Regulatory Docket 

No. FAA-2014-0352. The FAA said within the Grant that it considers the overriding safety factor to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience and UAS testing. 

EFI agrees with this determination and our proposed operations require that the PIC must either hold a 

Private Pilot Certificate issued by the FAA. Since there are currently no means available for the pilot of a 

UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's 

license, EF proposes to generate an equivalent level of safety by requiring our pilots to complete, at a 

minimum, FAA private pilot ground instruction and pass the FAA Private Pilot written examination in 

addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, 

we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct 

a business.

d. 14 CFR Part 91.7 (Civil Aircraft Airworthiness).

This regulation states that (a) No person may operate a civil aircraft unless it is in airworthy condition and (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 un-airworthy mechanical, electrical, or 

structural conditions occur. This exemption would not be necessary should the FAA approve the exemption 

for 14 CFR Part 21 Subpart H. If EFI UAS is not required to obtain an airworthiness certificate, then this 

would not apply; however EFI would maintain the UAS and the PIC would deem the UAS safe for flight 

operations and discontinue any flight if any mechanical, electrical, or structural problem arose. 
6

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

e. 14 CFR Part 91.9 (b) (Civil Aircraft Flight Manual, marking and placard requirements) and 14 

CFR Part 91.203 (a) and (b) (Civil Aircraft; Certifications Required).

This regulation states that no person may operate a U.S. registered civil aircraft-(1) For which an Airplane or 

Rotorcraft Flight Manual is required by Part 21.5 of 14 CFR unless there is available in the aircraft a current, 

approved Airplane or Rotorcraft Flight Manual or the manual provided for in 14 CFR Part 121.141 (b); and 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by 14 CFR Part 21.5, 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. 

The sUAS, given its size and configuration 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.

EFI feels that requesting relief from these regulations may not be necessary. EFI will have in its possession, 

on-site, the UAS manufacturer’s flight/operations manual and registration paperwork. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point 

where the pilot flying the sUAV will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.

f. 14 CFR 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 attachment provided (EFI pre-flight 

check list). The PIC will take all actions including reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of flight. 

g. 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states, "No person may operate a civil aircraft that is being used for flight instruction unless 

that aircraft has fully functioning dual controls." 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual controls 

for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 

9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried 

in the aircraft and by the size and speed of the aircraft.

h. 14 CFR 91.119 Minimum safe altitudes: General

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. 

Since our sUAS is restraint to 400 feet AGL, EFI would not be able to comply with this requirement. In 

order to provide an equivalent level of safety we will only fly over private property within the size of the 

property and with the permission of the owner of the property. The aircraft will not be operated over 

congested areas or over any open-air assembly of persons. The property owner will be briefed on the 

expected route of flight and the associated risks to persons and property on the ground. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to 
7

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

persons or property on the surface. Therefore we maintain that due to the small size of the sUAS, the hazard 

to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in 

granting the exemption. 

i. 14 CFR Part 91.121 (Altimeter Settings)

This regulation 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.” 

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety 

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

j. 14 CFR 91.151(a) Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

The sUAS is battery operated and the maximum duration of flight from a single battery charge is a max flight 

time of 21-25 minutes but all EFI operations are limited to 15 minutes (60-71% battery consumption) with a 

reserve of 6-10 minutes (29-40% battery reserve) for return to base procedures. A “dynamic home” button 

on the remote control gives the PIC a one-touch button return home/base action. The PHANTOM is 

controlled by a remote control base station and an Apple iPad which runs an application (APP) that provides 

airspeed, waypoints, compass, battery life, flight time and airspace information. Even though EFI does not 

expect to operate in conditions where the battery levels will be below 20%, the APP will begin to warn PIC

and will ask to bring home UAV. This will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the 

word "energy". 

k. 14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required.

These regulations state that 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness 

certificate used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of 

the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the 

operations specifications issued under §21.197(c), or an authorization under §91.611) must have on 

it the registration number assigned to the aircraft under part 47 of this chapter. However, the 

airworthiness certificate need not have on it an assigned special identification number before 10 days 

after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an 

assigned special identification number that has been affixed to an aircraft may only be obtained upon 

application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate 

issued to its owner or, for operation within the United States, the second copy of the Aircraft 

registration Application as provided for in §47.31(c), or a registration certification issued under the 

laws of a foreign country.

(b) 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. 
8

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there 

is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where 

the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. 

The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

l. 14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations. 

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

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft 

be "approved for return to service by a person authorized under 43.7" after maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition 

prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical 

connections and updating software and firmware for the on-board computer. The manufacturer or their 

designated repair facility will perform all other maintenance. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety. 

m. 8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under part 67 in order to perform as a pilot or observer. 

The sUAS maximum gross weight is under 3 pounds, it is constructed of carbon fiber and plastic and the PIC 

is not on board. Both the PIC and the VO are required to be in visual line of sight. Given the unlikely event 

that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UAS will return 

autonomously to the site of launching and land without crew intervention. Therefore, requiring the PIC and 

VO to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an 

unnecessary burden. We propose that the minimum medical requirements for the PIC and VO be a FAA 

third class medical certificate. 

4. 14 CFR Part 11.81 (d)-The reasons why granting EFI request would be in the public interest; that is, how 

it would benefit the public as a whole

The reasons why granting EFI request would be in the public interest; that is, how it would benefit the public as a 

whole: 

Granting an exemption for EFI would allow the organization to safely and efficiently conduct small UAS flight 

operations to assist in the quick response and assessment of potentially hazardous conditions, specifically landslide 

and flooding that may pose a determent to the public safety. Other potential natural hazards that the UAS may be 

used to provide a tool for the quick response and assessment of potentially dangerous situation to public safety are 

Tsunami, Earthquake, and Hurricanes, and Tornado damage.

Without this exemption, EFI would be restricted to the use of its aerial blimp which is not as time efficient as the 

sUAS and is relatively limited to airspace above the PIC which may at times be dangerous for employees to navigate, 

especially given the potentially dangerous conditions near and around moving landslides and/or flooding events. 
9

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

EFI, with the integration of unmanned aircraft technology into EFI’s services, will have an immediate and positive 

impact by providing enhanced services and experience while providing safer and environmentally efficient service by 

dismissing the use of manned helicopters or planes and their emissions. This new avenue of intelligence will, in a 

positive way, impact the publics’ interest with a complete evaluation of their security and less of an environmental 

impact from manned aircraft, emissions and the fatal injuries they represent.

5. 14 CFR Part 11.81 (e) – The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the rule from which EFI

seeks the exemption

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will 

provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting 

the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to the ground and people

6. 14 CFR Part 11.81 (f)- A summary we can publish in the Federal Register, stating

(1) The rule from which you seek the exemption

14 CFR Part 21 Subpart H – Airworthiness certification

14 CFR Part 45.23 & 45.29 – Display of marks; general & Size of Marks

14 CFR Part 61.113 (a) and (b) – Private pilot privileges and limitations: Pilot in command 

14 CFR Part 91.7 – Civil Aircraft Airworthiness

14 CFR Part 91.9 (b) – Civil aircraft flight manual, marking and placard requirements

14 CFR Part 91.103 – Pre-flight action

14 CFR Part 91.109 – Flight Instruction

14 CFR Part 91.119 – Minimum safe altitudes

14 CFR Part 91.121 – Altimeter settings 

14 CFR Part 91.151 – Fuel requirements for flight in VFR conditions

14 CFR Part 91.203 (a) and (b) – Civil Aircraft; Certifications Required

14 CFR Part 91.405 – Maintenance required

14 CFR Part 91.407 – Operation after maintenance, preventive maintenance, rebuilding or alteration

14 CFR Part 91.409 – Inspections

14 CFR Part 91.417 – Maintenance Records U.S. DOT-FAA-Air Traffic Organization Policy

(2) A brief description of the nature of the exemption you seek 

EFI seeks relief from the applicable parts of 14 CFR 21, 45, 61, 91 and U.S. DOT-FAA-Air Traffic Organization 

Policy Notice N JO 7210.873 (6.d) as requested within this petition to allow EFI to safely and efficiently conduct 

civil sUAS flight operations. This will have an immediate and positive impact by providing enhanced services 

and experience while providing safer and environmentally efficient service by dismissing the use of manned 

helicopters and their emissions. This new avenue of intelligence will, in a positive way, impact the publics’ 

interest with a complete evaluation of their security and less of an environmental impact from manned aircraft,

emissions and the fatal injuries they represent

Approval of exemptions allowing commercial operations of sUASs in natural hazard assessment will enhance 

public safety by incorporating a quick tool in the assessment of landslide, flooding, earthquake, tsunami, and 

tornado damage. 

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will 

provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 
10

Earth Forensics, Inc. 12532 Vista Panorama, North Tustin, California 92705 www. ea rth f or ens i cs . c om

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to the ground and 

people.

7. 14 CFR Part 11.81 (g) Any additional information, views or arguments available to support your request

This exemption to EFI would allow for a quick responsible way for the assessment of natural hazards and 

environmental analysis thus benefitting public safety and emergency response. The use and utilization of

aerial photographs acquired from the UAS are in no way different than those currently acquired by manned 

airplanes. Using UAS instead of an airplane would decrease the time to complete a hazard assessment 

which could lead to faster mitigation responses. Additional development and operations would benefit not 

only its communities and the public at large, but would allow EFI to serve as a partner with the FAA and 

others within the UAS community to advance this new and emerging technology in a safe and controlled 

environment. EFI has demonstrated the value of our request to utilize our UAS technology in a productive 

and safe manner within the FAA guidelines. 

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We 

look forward to working with your

Respectfully submitted

EARTH FORENSICS, Inc.

 

Dr. W. Richard Laton PG 7098, CHG 958 Rene Perez, MS, PG 8184, CHG 997

President, Principal Consultant Senior Consultant

Attachments:

EFI Phantom Pre-Flight Check List

Phantom_2_Vision_Plus_User_Manual_v1.6_en

Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en

Phantom_2_Vision_Plus_Quick_Start_Guide_en

Smart_Flight_Battery_Safety_Guidelines