September 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC, 20590

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, 

the University of Colorado Boulder’s Research and Engineering Center for Unmanned Vehicles 

(hereinafter known as RECUV) seeks an exemption from the Federal Aviation Regulations detailed 

below for the DJI Phantom 3, Inspire 1, S900, and S1000, and 3DRobotics Solo UAS. The largest of 

these five systems, the S1000 UAS, has a maximum gross takeoff weight of 24.3 lbs. All of the 

proposed UAS are multi-rotor aircraft with electric propulsion. These UAS are all commercial 

platforms with a proven track record and have been approved for flights in the National Airspace 

under several different FAA Certificates of Authorization (COA).

The requested exemption would allow RECUV to pursue the University’s interests in aerial data 

collection using small unmanned aircraft systems which do not meet the criteria of public operations

per 49 USC. § 40125(b). The systems proposed will be used to conduct data gathering for aerial 

photos and video, aerial surveys, R&D and product demonstrations. The team at RECUV will operate 

in accordance with FAA N 8900.1 volume 16 and utilize both a Pilot in Command and a groundbased visual observer. RECUV will also utilize emergency, lost link, and lost communication 

procedures that are available upon request. All flights under these exemptions will be conducted with 

the following restrictions:

1. Flights will be in Class G airspace at no more than 400’ AGL.

2. The UAS will be operated over private property only with the permission of the owner.

3. The UAS will not be operated over populated areas.

4. The UAS will not be operated within 5 NM of an airport.

5. Operations will be limited to daytime operations under visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the observer at no more than 1/2 NM 

range.

7. A NOTAM will be issued prior to flight operations.

James Mack t 303 704 5464

Flight Operations Manager james.mack@colorado.edu

Research and Engineering Center for

Unmanned Vehicles (RECUV)

429 UCB

Boulder, Colorado 80309-0429
8. The UAS will have a maximum GTOW of less than 55 lbs.

9. The aircraft will be U.S. registered and display the N-number.

10. The PIC and Observer will possess the certifications required under N 8900.1 volume 16.

11. No operator or observer will engage in, nor may an operator or observer permit, any activity 

during a critical phase of flight which could distract any operator or observer from the 

performance of his/her duties or interfere in any way with the proper conduct of his/her 

duties.

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure that the UAS 

and associated systems are in a condition for safe operation.

13. The PIC and observers will maintain two-way communications with each other during all 

operations; if unable to maintain two-way communications, or if any condition occurs that

may otherwise cause the operation to be unsafe, the operator will immediately conclude the 

operation.

14. The aircraft will automatically return to a specific location if the communications link is lost.

15. All flights will be conducted below 70mph.

The regulations from which the exemption is requested are as follows. The Appendix contains details 

of the RECUV operations related to showing an equivalent level of safety for these exempt 

regulations.

• 14 C.F.R. Part 21, Subpart H

• 14 C.F.R. §91.203(a) and (b)

• 14 C.F.R. §45.23(b)

• 14 C.F.R. §61.23(a)

• 14 C.F.R. §61.113(a) and (b)

• 14 C.F.R. §61.133(a)

• 14 C.F.R. §91.7(a)

• 14 C.F.R. §91.9

• 14 C.F.R. §91.109(a)

• 14 C.F.R. §91.119

• 14 C.F.R. §91.121

• 14 C.F.R. §91.151(a)

• 14 C.F.R. Subpart E (§91.401 - §91.417)

UAS Overview

RECUV is submitting this request for exemption for five different multi-rotor platforms. These 

commercially available systems have been shown to be reliable and are popular products utilized by 

hobbyists and professionals. One is manufactured by 3DRobotics, the Solo. The other four of these 

platforms are manufactured by DJI; the Phantom 3, Inspire 1, S900, and S1000. RECUV has 

expertise and knowledge in the operations of these systems. We will utilize training and operational 

procedures that follow the guidelines presented in N 8900.1 volume 16.
RECUV is planning on using the proposed five UAS for aerial media and surveying. The five UAS are 

multi-rotor aircraft with electric propulsion. Figure 1 below contains an image of the five UAS and 

Table 1 contains more detailed information on these systems. RECUV proposes that the small size 

and weight of the UAS included in this request for exemption, flown under the guidelines of N 8900.1 

volume 16, will have an equivalent level of safety to manned aircraft performing similar missions.

Aircraft Dimensions Weight 

3DRobotics Solo 18"x18"x10" 3.9 lbs

DJI Phantom 3 14"x14"x7" 2.8 lbs

DJI Inspire 1 17"x18"x12" 6.5 lbs

DJI S900 35"x35"x14" 18.1 lbs

DJI S1000 41"x41"x14" 24.3 lbs

Table 1: Name, size, and weight of the aircraft.

The name and contact information of the applicant are:

University of Colorado Boulder

Research and Engineering Center for Unmanned Vehicles (RECUV)

Attn: James Mack, Flight Operations Manager

Phone: 303.704.5464

E-mail: james.mack@colorado.edu

RECUV requests exemption under Section 333 to enable safe commercial UAS operations for the 

activities stated. By approving these exemptions the FAA will create benefits to the areas mentioned 

Figure 1: The UAS: (1) The 3DRobotics Solo, (2) the DJI Phantom 3, (3) the DJI Inspire 1,

(4) the DJI S900, and (5) the DJI S1000
that is ultimately in the public interest. Please contact us if you require additional information or 

clarification.

Sincerely, 

James Mack

Flight Operations Manager

RECUV
APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. §91.203(a) and (b) - Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

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

airworthiness certificates as required by FAR §91.203(a). RECUV requests an exemption from these 

rules and will utilize an internal airworthiness process based on MIL-HDBK 516B for an equivalent 

level of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved.

14 C.F.R. §45.23(b) - Display of marks; general.

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. Given the size of 

the UAS (fuselage length of 6’), this requirement is impossible to match. The equivalent level of 

safety will be achieved by having the registered N-number in 1 inch lettering on the side of the 

fuselage.

14 C.F.R. §61.23(a) - Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when 

exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAS in this petition and the limited flight area and the safety features integrated 

in the autopilot RECUV believes that an Equivalent Level of Safety can be reached if the operator has 

a valid drivers license.

14 C.F.R. §61.113(a) and (b), §61.133 - Private Pilot Privileges and Limitations: Pilot in 

Command; Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial 

operations, and §61.133(a) requires an individual operating an aircraft for compensation or hire to 

hold a commercial pilot certificate.
RECUV requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14 C.F.R. §61.133(a) so that 

above mentioned UAS may be operated by individuals who have a private pilot certificate. Based 

upon the design features of the UAS, its autopilot system, and safety factors, the FAA should permit 

operation of UAS by operators with a private pilot certificate when the conditions described above 

have been satisfied. The above-described conditions are in-line with those set forth in Volume 16, 

Chapter 4, Section 1 of FAA Order 8900.1.

RECUV proposes to conduct operations in accordance with these restrictions. Given these conditions 

and restrictions, an equivalent level of safety to manned operations will be achieved through 

operation with a private pilot certificate. The risks associated with the operation of the multi-rotor 

aircraft (given the size, speed, operational capabilities, and lack of combustible fuel) are so much less 

than the level of risk associated with fixed wing and rotorcraft operations, both private and 

commercial, as contemplated by Part 61, that allowing operations of these UAS, as set forth above, 

meets or exceeds the present level of safety provided under 14 C.F.R. §61.113(a) and (b) and 

§61.133(a).

14 C.F.R. §91.7(a) - Civil aircraft flight manual, marking, and placard requirements

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

RECUV requests that an exemption be granted allowing commercial operation without an 

airworthiness certificate. Given the size of the aircraft, self-certification utilizing MIL-HDBK 516B will 

provide an equivalent level of safety.

14 C.F.R. §91.9(b) - Civil aircraft flight manual, marking, and placard requirements.

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

manual is in the aircraft. RECUV assumes that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. RECUV requests an 

exemption to this requirement since the aircraft is not only too small to carry documentation, but the 

documentation would not be available to the crew. The equivalent level of safety will be achieved by 

keeping a hard copy of the user manual with the ground crew.

14 C.F.R. §91.109(a) - Flight instruction; Simulated instrument flight and certain flight tests

Sections 91.109(a) 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 UAS in this exemption are 

remotely piloted aircraft, and, by design, not equipped with fully functional dual controls. Flight control 

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

communications. Utilizing a pilot skilled in remote piloting will provide an equivalent level of safety.

14 C.F.R. §91.119 - Minimum safe altitudes: General.

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 UAS in this exemption will be 

operating at a maximum of 400 feet AGL, this requirement cannot be followed. To provide an 

equivalent level of safety RECUV will only fly over private property with the permission of the land

owner. The land owner will be briefed of the expected route of flight and the associated risks to 

persons and property on the ground. We maintain that due to the small size of the UAS, the hazard to 

persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be 
considered in granting the exemption. Furthermore, RECUV will not operate over congested areas 

nor over any open air assembly of persons.

14 C.F.R. §91.121 - Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not 

need to maintain hemispherical cruising altitudes in order to de-conflict with other aircraft. To provide 

an equivalent level of safety, the autopilot calculates the reference altitude (ground level) with the onboard GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the 

altitude in-flight.

14 C.F.R. §91.151(a) - Fuel requirements for flight in VFR conditions.

The regulation states 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. As the aircraft in this request are electric-powered, this requirement is inapplicable. An 

equivalent level of safety is achieved through a low battery power warning. These UAS will be

returned to base and land safely when the power is too low.

14 C.F.R. Subpart E (§91.401 - §91.417) - Maintenance, Preventive Maintenance, and 

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. RECUV plans to have 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 flight and conduct detailed inspections after every 10 

flight hours. Additionally, checklists will be utilized with all of the necessary pre-flight procedures prior 

to every flight operation. 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.