Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

15 August 2015

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

To Whom It May Concern: 

Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act') and 14 

C.F.R. Part 11, PEGASUS AVIATON LLC requests an exemption from Federal Aviation Regulations 

("FARs") detailed below for the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS 

AVIATON LLC. Furthermore, PEGASUS AVIATON LLC would like to specifically request 

exemptions from 14 CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 91.9, 14 CFR 

61.113, 14 CFR 61.133, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 

Subpart E (91.401- 91.417), FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l). These 

regulations will be listed in an itemized form below. 

14 CFR 21 

14 CFR 91.203 

14 CFR 45.23 

14 CFR 45.29 

14 CFR 91.9 

14 CFR 61.113 

14 CFR 61.133 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 

14 CFR Subpart E (91.401- 91.417) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). 

The INSPIRE 1 aircraft is a four-rotor UAS that weighs 6.4 pounds, and is operated using a radio control 

(5.725 – 5.825 GHz and the 2.400 – 2.483 GHz) transmitter, and monitored using an Android or 

Windows based ground control station. The INSPIRE 1 is capable of operating with a payload of highresolution DSLR cameras, infrared cameras, and video cameras for photography, videography, geospatial 

analysis and photogrammetry. This request for an exemption would support a COA application to use 
Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

INSPIRE 1 for agricultural survey, film production, property survey, aerial photography, pipeline survey, 

and for monitoring damage in the event of a natural disaster. 

The PHANTOM 3 aircraft is a four-rotor UAS that weighs 2.8 pounds, and is operated using a radio 

control (2.400 – 2.483 GHz) transmitter, and monitored using an Android or Windows based ground 

control station. The PHANTOM 3 is capable of operating with a payload of of high-resolution DSLR 

cameras, infrared cameras, and video cameras for photography, videography, geospatial analysis and 

photogrammetry. This request for an exemption would support a COA application to use PHANTOM 3 

for agricultural survey, film production, property survey, aerial photography, pipeline survey, and for 

monitoring damage in the event of a natural disaster. 

PEGASUS AVIATON LLC has extensive operational experience in the United States. PEGASUS 

AVIATON LLC extensively researched and found the INSPIRE 1 and PHANTOM 3 platforms to be 

most conducive for topographic survey and aerial mapping. PEGASUS AVIATON LLC staff members 

are experts within the aviation industry with specializations in avionics, maintenance, operations, flight 

training and aviation curriculum. PEGASUS AVIATON LLC is requesting this exemption in order to 

operate INSPIRE 1 and PHANTOM 3 aircraft for low altitude aerial photography in unpopulated areas 

for primarily precision agricultural survey and property survey.

The FAA recently granted a number of companies an exemption to use small UAS to film for movie and 

TV production companies. PEGASUS AVIATON LLC is also requesting this exemption to use the 

INSPIRE 1 and PHANTOM 3 aircraft to film and photograph for movie and TV production companies, 

and asserts that the combination of PEGASUS AVIATON LLC operations in conjunction with the 

INSPIRE 1 and PHANTOM 3 aircraft is as safe, if not safer than the operator/platforms combinations in 

use by these companies.

The presence of UAS and their integration into the NAS has been in the public eye for quite some time 

now, and both the private and public sectors have shown a significant amount of interest in paving the 

way for safe and responsible UAS operation. PEGASUS AVIATON LLC is fully committed to this 

mission, and desires to operate small UAS for both research and commercial purposes using the Flight 

Restrictions (FRs) listed below.

The INSPIRE 1 and PHANTOM 3 aircraft will be operated in accordance with the following FARs:

 Flight operations will occur only in Class E or Class G airspace

 Flight operations will occur at no more than 400 feet above ground level

 Flight operations will occur using an electric power source

 Flight operations will not risk the safety of the PIC or VO, or fly over any members of the general 

public

 Flight operations will avoid congested or populated areas, which the FAA designates as yellow 

on VFR charts

 Flight operations will be operated within VLOS, with one PIC and one ground based VO within 

an audible distance of the PIC

 Flight operations will occur only during daylight hours

 Flight operations will not be conducted within a 5 NM radius from the center of any FAA 

designated airport

 Flight operations will only be conducted with permission from the land owner

 Flight operations will comply with all NOTAMs and TFRs
Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

PEGASUS AVIATON LLC is submitting this petition on its own behalf. If the FAA requires any 

modifications to this petition for exemption, PEGASUS AVIATON LLC requests the opportunity to 

amend this petition to include any modifications the FAA may require before granting or rejecting the 

petition for exemption. PEGASUS AVIATON LLC will amend its petition to meet any additional 

standards for the integration of small UAS operation into the NAS.

PEGASUS AVIATON LLC also requests that the FAA keep any materials labeled "Confidential" from 

the public record for the purpose of maintaining our intellectual property.

Very Respectfully,

David Ruiz

jetbrs@gmail.com

(254) 715-0505

6904 Viking Drive

Waco, TX 76710

ATTACHED:

Exemption Requests

INSPIRE 1 Multi-Rotor Drone Aircraft User Manual

- Spec Sheet

- Preflight Checklist

PHANTOM 3 Multi-Rotor Drone Aircraft Manual

- Spec Sheet

- Preflight Checklist
Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

EXEMPTION REQUESTS

Pegasus LLC requests exemption for the following statutes:

14 CFR 21

14 CFR 91.203

14 CFR 45.23

14 CFR 45.29

14 CFR 91.9

14 CFR 61.113

14 CFR 61.133

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR Subpart E (91.401- 91.417)

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1).

14 CFR 21 ǁ Airworthiness Certificates

PEGASUS AVIATON LLC requests an exemption from Section 14 CFR Part 21 which requires the 

issuance of an Airworthiness Certificate for flight operation, while the FAA is still carrying out research 

and development for UAS standards and regulation.

The INSPIRE 1 multi-rotor aircraft weights only approximately 6.4 pounds. It will not carry fuel or 

passengers, and will obey the operational requirements (FRs) outlined in the introduction to this 

exemption petition. The INSPIRE 1 can travel at most 1.2 NM from launch due to transmitting distance 

constraints and forward speed limitations. We assert that the INSPIRE 1, as compared to manned aircraft, 

significantly reduces the risk to crew, passengers, property, and the general public due its small size, 

limited range, and FR outlined above.

The PHANTOM 3 multi-rotor aircraft weights only approximately 2.8 pounds. It will not carry fuel or 

passengers, and will obey the operational requirements (FRs) outlined in the introduction to this 

exemption petition. The PHANTOM 3 can travel at most 1.2 NM from launch due to transmitting 

distance constraints and forward speed limitations. We assert that the PHANTOM 3, as compared to 

manned aircraft, significantly reduces the risk to crew, passengers, property, and the general public due its 

small size, limited range, and FR outlined above.

In the event that the FAA requires PEGASUS AVIATON LLC to obtain an Experimental Airworthiness

Certificate or traditional Airworthiness Certificate in order to receive an exemption from

Section 333, PEGASUS AVIATON LLC requests an opportunity to pursue such a certification.

14 CFR 91.203 ǁ Civil Aircraft; Certifications Required

Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness Certificate. The 

subsection (b) further states that the Airworthiness Certificate should be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew". PEGASUS AVIATON LLC has requested an 

exemption in the previous section (14 CFR 21 I Airworthiness Certificates). In the event that the FAA 

required PEGASUS AVIATON LLC to obtain an experimental Airworthiness Certificate, PEGASUS 

AVIATON LLC would pursue such a certification and keep the relevant information on the ground with 

the PIC and VO at their designated ground station.
Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

Subsection (b) does not apply to either the INSPIRE 1 or the PHANTOM 3, as they do not carry 

passengers or crew, or have a "cockpit" entrance. PEGASUS AVIATON LLC proposes mounting the 

PEGASUS AVIATON LLC identification information (mailing address, phone number, COA ID 

Number, or any other information deemed relevant to the FAA) and the UAS identification information 

(UAS unique number issued by PEGASUS AVIATON LLC, and Airworthiness Certificate information if 

required) on a visible exterior surface of any aircraft operated by PEGASUS AVIATON LLC.

14 CFR 45.23 ǁ Display of marks; general.

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration 

number on the side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high".

Neither platform (INSPIRE 1 and the PHANTOM 3) has a cabin, a cockpit, passengers or crew, and as 

such has no means of mounting to these structures. PEGASUS AVIATON LLC proposes that it keeps 

identification information and airframe operating manuals with the PIC and VO at the ground station. 

PEGASUS AVIATON LLC also proposes that in place of the markings required by 14 CFR 45.23, it 

keeps registration information and the PEGASUS AVIATON LLC mailing address; email address, and 

phone number permanently affixed to a visible exterior surface of any aircraft being operated by 

PEGASUS AVIATON LLC.

14 CFR 45.29 ǁ Size of marks.

Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the markings noted in 14 

CFR 45.23. Subsection (b) section (iii) states that "Marks at least 3 inches high may be displayed on an 

aircraft for which the FAA has issued an experimental certificate under§ 21.191 (d),§ 21.191 (g), or§ 

21.191 (i) of this chapter to operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport 

aircraft when the maximum cruising speed of the aircraft does not exceed 180 knots CAS".

PEGASUS AVIATON LLC proposes that the mounted identification information listed in the previous 

two sections will be sufficient for identification for either the INSPIRE 1 or the PHANTOM 3 aircraft. 

As the aircraft are only 6.4 pounds and 2.8 pounds respectively and do not have the space on board to post 

3 inch letters, we propose that PEGASUS AVIATON LLC keeps registration information and the 

PEGASUS AVIATON LLC identification information (mailing address, email address, phone number, or 

any other information the FAA deems relevant for identification purposes) permanently affixed to a 

visible exterior surface on each of the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS 

AVIATON LLC and on each associated remote control and with the PIC and VO on the ground.

14 CFR 91.9 ǁ Civil aircraft flight manual, marking, and placard requirements.

Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on board the aircraft 

during operation. 

PEGASUS AVIATON LLC requests an exemption from this section as the INSPIRE 1 and PHANTOM 3 

aircraft operated by PEGASUS AVIATON LLC do not carry passengers or crew and would not benefit 

from keeping a Flight Manual on board the aircraft during operation. PEGASUS AVIATON LLC will 

keep a Flight Manual with the PIC and VO at the ground station.
Pegasus Aviation, LLC. Section 333 Exemption Request

15 August 2015

14 CFR 61.113 ǁ Private pilot privileges and limitations: Pilot in command and 14 CFR 61.133 ǁ 

Commercial pilot privileges and limitations.

14 CFR 61.113 stipulates, ''No person who holds a private pilot certificate may act PIC that is carrying 

passengers or property for compensation or hire". Subsection (b) of this part stipulates that the PIC may 

conduct flight 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."

As PEGASUS AVIATON, LLC will require its PICs to possess a FAA Commercial Pilot (Single-EngineLand) airman certificate and platform training specific to each airframe listed within this request, a 

request for exemption from 14 CFR 61.113 is not being requested nor should it be required.

14 CFR 91.109 ǁ Flight instruction; Simulated instrument flight and certain flight tests.

14 CFR 91.109 stipulates, "No person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls."

PEGASUS AVIATON LLC requests an exemption from this part, as the INSPIRE 1 and PHANTOM 3 

aircraft operated by PEGASUS AVIATON LLC uses on board software and a small RC transmitter for 

flight operation, which can accommodate "Instructor" override with the correct RC transmitter. We feel 

that this override, along with training within VLOS for the PIC, VO, student, and instructor, is sufficient 

for the operation of the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC.

14 CFR 91.119 ǁ Minimum safe altitudes: General.

14 CFR 91.119 requires that the PIC operate at " ... 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." 

Following current FAA guidelines, the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS 

AVIATON LLC operates below 400 feet and within VLOS. Considering that we intend to operate within 

VLOS and below 400 feet, the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON 

LLC cannot comply with this request. PEGASUS AVIATON LLC will operate within all guidelines and 

proposed operation procedures outlined above. In addition, PEGASUS AVIATON LLC will fly only over 

private property with written permission from the property owner for flight, image capture, image storage, 

and image transfer (in accordance with Texas House Bill 912, published September 2013).

14 CFR 91.121 ǁ Altimeter settings.

14 CFR 91.121 stipulates that the PIC "operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating - (i) The 

current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft."

The INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC maintain altitude 

using the GPS reading for altitude on board, transmitted through telemetry to a tablet, Android device, or 

PC. Considering the GPS altitude function and these aircraft will only be in flight for around 15-18

minutes, PEGASUS AVIATON LLC requests an exemption from 14 CFR 91.121.
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15 August 2015

14 CFR 91.151 ǁ Fuel requirements for flight in VFR conditions.

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing ...”

The INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC do not use liquid 

fuel, but instead uses a lithium polymer battery that utilizes electric energy instead of fuel. Considering 

this clarification, and the fact that the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS 

AVIATON LLC cannot fly more than 1.2 NM from its launch point, PEGASUS AVIATON LLC

requests an exemption from 14 CFR 91.151.

14 CFR Subpart E (91.401- 91.417) ǁ General Operating and Flight Rules

Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly scheduled 

maintenance be performed upon the aircraft before flight. Furthermore, Section 91.407 Part (1) stipulates 

that no person may operate an aircraft unless "It has been approved for return to service by a person 

authorized under §43.7 of this chapter".

PEGASUS AVIATON LLC requests exemption from these points, and proposes that the PIC and VO be 

allowed to perform maintenance reviews and inspections once a month, and pre-flight checks before 

every flight. The 'Monthly Maintenance Inspection Checklist' and 'Pre-flight/Post-flight Checklist’ are 

both attached to this petition. The PIC and VO will be able to repair broken arms, replace broken or worn

propellers, and calibrate using the flight software. Further diagnosis or maintenance that requires tools not 

available to the PIC or VO in the field will be performed by the aircraft manufacturer.

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must have valid medical 

evaluations, classified as FAA second-class medical certificates, in order to perform as the Pilot In 

Command or the Visual Observer. 

As PEGASUS AVIATON, LLC will require its PICs and Visual Observers to possess a FAA secondclass medical certificates, a request for exemption from FAA Policy 8900.227 Paragraph 16(c)(4) and 

Paragraph 16(e)(l) is not being requested nor should it be required.

Very Respectfully,

David Ruiz

Pegasus Aviation L.L.C.

6904 Viking Drive

Waco, TX 76710

1-254-715-0505

jetbrs@gmail.com