January 5 2016 

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washing ton, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

Michael Starley

180 James Street

Winder, Georgia 30680

678-425-8038 (Cell)

770-867-3348 (Home)

mikestarley@yahoo.com

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, Michael Starley, the Petitioner, request exemption from the following Federal Aviation 

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System.

Regulations from which the exemption is requested:

14CFR 21 H

14 CFR 45.23 (b)

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a)

14 CFR 91.9

14 CFR 91.103 (b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) & (b)

14 CFR 91.417 (a) & (b)

14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67 - 61.1 to 61.429

The Petitioner wishes to be granted the exemption for use of the UAS of commercial operations list 

below.

Applications and Operations:

Land Surveying-Hydrologic Inspection-Crop Inspection-Search and Rescue-
Real Estate Photo and Video-Silo Inspection-Cell Tower Inspection-Utilities 

Inspection and Location (Gas, Water, Sewer, Cable TV, and Phone Lines) -Aerial 

Photography (Real Time)-Bridge Inspection-Water Tower Inspection-Security 

Surveillance

The Petitioner believes the use of the UAS is more economical and safer to use for the aforementioned 

purposes. Use of the UAS rather than a manned aircraft is more economical to the consumer, and 

beneficial to the general public due to its small size, low noise and minimal potential for accident.

Characteristics of the Aircraft:

The UAS to be used is the DJI Phantom 2 which has a small 20 inch wingspan and ultra-light (payload 

capacity of 1144Grams) making this platform perfect for precision aerial mapping missions thanks to 

the on-board GPS and the related flight management software (Mission Planner) that allows the 

operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. The onboard 

camera takes and collects high definition still images that are later used to generate maps and contour 

lines of the surveyed area.

The four main characteristics of the DJI Phantom 2 are:

1. Very Light Weight

The DJI Phantom 2 is so light the operator can launch it by hand and let it land on almost any 

surface without requiring a parachute or landing net. Its low impact energy (in the case of a 

controlled emergency landing) also significantly reduces the risk of hazardous situations.

2. Electric-powered

The DJI Phantom 2 is electric powered. A brushless engine technology makes it silent and reliable.

3. Semi-automatic flight

The artificial intelligence incorporated within the DJI Phantom 2 autopilot system continuously analyzes 

data from the onboard GPS and takes care of all aspects of the flight under the supervision of the 

operator.

4. Option for Manual control

Additionally, the DJI Phantom 2 provides an override capacity that allows the operator to take manual 

actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspends 

automated operations and take manual control of the aircraft should it become necessary to respond 

to emergent circumstances, thanks to the remote controller provided with the system.

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations: 

The Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UAS.

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts

Reason for Exception

It has been determined that similar UAS do not require an airworthiness certificate as granted in 

Exemption No. 11623, 11650, 11664 and 11734.

14 CFR 45.23 (b): Marking of the Aircraft
These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. 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.

Reason for Exception

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have not entrance to the cabin, cockpit or pilot station on which the work "EXPERIMENTAL" can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "EXPERIMENTAL" will 

be placed on the fuselage in compliance with 45.29 (f).

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 

and 10167A.

14 CFR 61.113 (A) 7 (b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: (1) has a pilot certificate or special purpose 

authorization issued under this part in that person's physical possession or readily accessible. (2) The 

flight is only incidental to that business or employment. (3) The aircraft does not carry passengers or 

property for compensation or hire. Reason for Exception

The Petitioner will follow all manufacturers' training program and safety manual. I also believe these 

requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have 

omitted this as a future requirement for small UAS's.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

Reason for Exception

It has been determined that similar UAS’s do not require an airworthiness certificate, however the 

petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual 

and preflight checks.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew.

Reason for Exception

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

point where the pilot flying the UAS will have immediate access to it. The FSS has issued the 

following exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction

This regulation requires each pilot in commend 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. The petitioner will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: Flight Instruction

The 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." Reason for Exception
UAS's and remotely piloted aircraft, by their design so 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 passenger 

will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes

The 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 aircraft will be operating at a maximum 

of 400 feet AGL, we cannot comply with this requirement.

Reason for Exception

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing 

residential areas that may be considered congested areas. That will not always be the case when 

providing a 'Property Survey' flight because they could be conducted over empty lots or acreages with 

no structures. In the case of flying over or near existing private property while providing aerial imagery, 

property inspections, and property assessments, landowners will be notified in person by the 

Petitioner, or by a card left behind by the Petitioner if requested. The Petitioner will review with the 

landowners of associated risks to people and property. Due to the small size of the I-JAS the associated 

risk to persons, vessels, vehicles and structures is not comparable to manned aircraft and should be 

taken into consideration.

14 CFR 91.121: Altimeter Settings

This section requires that each person 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 

below 18,000 feet MSL.

Reason for Exception

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The 

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623,

11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions

Fuel requirements for flight in VFR conditions: (a) No person may begin a flight in an airplane 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. (1) During the day, to fly after that 

for at least 30 minutes.

Reason for Exception

The UAS provides a low battery warning to indicate when you should return the UAS to the launch 

point.

In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go 

Land") action in these situations. The Petitioner will not initiate a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and all flights will be conducted during daylight hours and at times not to be a nuisance to 

others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and 

Registration This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current 

airworthiness certificate.
• 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 19.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew.

Reason for Exception

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at 

a ground control point where the pilot is flying the UAS for immediate access to the extent they are 

applicable to the I-JAS's. In doing some research the FAA has issued numerous exemptions to this 

regulation.

14 CFR 91.405 (a): Maintenance Inspections

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.

Reason for Exception

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the 

manufacturer's recommended preflight checklist and make any repair necessary before flights occur. 

The Petitioner will also maintain a log of any maintenance or repairs performed.

14 CFR 91.407 (a) (1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may 

operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or 

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of 

this chapter.

Reason for Exception

The Petitioner who has the responsibility for the operation and safety of the I-JAS will follow the 

manufactures suggested replacement parts.

14 FR 91.409 (a)(l) & (2): Inspections

Inspections: (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. 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.

Reason for Exception

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe 

flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator 

shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph 

(b) of this section: (1) (2) (3) Reason for Exception

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use 

approved manufactured parts for all repairs and modifications.
14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67 — 61.1 to 61.429: Pilot 

Certification This section pertains to flight rules, pilot certificate requirements, manuals, 

etc. Reason for Exception

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and 

current FSS proposals have omitted this as a future requirement for small UAS's.

In Conclusion:

l, Michael Starley, the Petitioner request for exemption from the above mentioned Federal Aviation 

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace 

System in order to perform the Applications and Operations pertaining to my Forestry work in a safe 

and controlled environment. The Petitioner hopes for a timely consideration as I have made a 

considerable investment in time and finances on this project.

Sincerely,

Michael Starley

180 James Street

Winder, Georgia 30680

678-425-8038 (Cell)

770-867-3348 (Home)

mikestarley@yahoo.com