Airborne Surveying 

Attn:Andrzej Mrotek

T: 941.735.4039

AJ@Airborne-Surveying.com

February 8th, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request 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, Airborne Surveying, the operator of Small Unmanned

Aircraft Systems (“sUASs”), including the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, 

DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6, seeks an 

exemption from the Federal Aviation Regulations (“FARs”) listed below and discussed in 

Appendix A.1 Airborne Surveying seeks exemption from the listed FARs to allow its

use of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar 

X8, Cinestar Alta, Cinestar 8 and Cinestar 6 in commercial operations, such as precision 

surveying, precision agriculture data collection, precision inspections and aerial video and 

photography, so long as such operations are conducted within and under the conditions 

outlined herein or as established by the FAA in an exemption granted under either Section 333 

or Section 49 U.S.C. § 44701(f).2

As discussed below, at pages 4-8, Airborne Surveying is willing to abide by conditions

the FAA has required in issuing recent Section 333 exemptions, specifically Exemptions 11109 

(Clayco, Inc.) and 11110 (Trimble Navigation Ltd.). This agreement on Airborne Surveying's part

and the strong similarity of its operations to those approved in Exemptions 11109 and 11110 

should give the FAA a basis for prompt consideration and processing of this request.

Airborne Surveying is a leading aerial information delivery company. It proposes to use a small, 

lightweight UAV – the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, 

Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 – and proprietary cloud-based software to 

collect, process, and analyze aerial data principally for purposes of precision surveying, 

precision agriculture data collection, precision inspections and aerial video and photography. In 

doing so, Airborne Surveying would occupy a brand new space in a transformative industry by 

providing high quality and actionable information to users. Indeed, use of the Aero-M, 

Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, 

Cinestar 8 and Cinestar 6 would contribute to various social goods, from environmental 

protection to accurate mapping and improved crop yields. In providing this service, Airborne 

Surveying would empower crop 

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012).

2 Airborne Surveying relies upon the following exemptions where specific reference to an 

exemption is not provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, 

and 11114.
U.S. Department of Transportation

February 8th, 2016

Page Two

researchers and farmers to make better management decisions through software that identifies

disease and insects, nutrient deficiencies, and materials for increasing yields with fewer

resources. 

Airborne Surveying, would drastically save time, reduce pollution, increase safety and provide 

the most detailed mapping and survey data then has ever been available.

Operations under the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned

aircraft and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations

of aerial surveys using the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI 

S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6. The Aero-M, Skywalker X8, DJI 

Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and 

Cinestar 6 will be operated under controlled conditions at low altitude (typically under 200ft AGL) 

in airspace that is limited in scope, as described more fully herein; it will have automated control 

features, as described herein. Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, 

DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 also will be operated by an 

individual possessing a private pilot certificate. Finally, the airspace in which the UAS will 

operate will be disclosed to the FAA in advance.

Airborne Surveying respectfully submits that because this small, unmanned aerial

vehicle – Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, 

Cinestar Alta, Cinestar 8 and Cinestar 6 – will be used in lieu of comparatively hazardous

operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have 

confidence that the operations will achieve at least an equivalent level or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform 

Act to “establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

The name and address of the applicant are:

Airborne Surveying.

Attn: Andrzej Mrotek

2409 Townlake Circle #221

Austin, TX 78741

Ph: 941-735-4039

Email: AJ@airborne-surveying.com

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);
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February 8th, 2016

Page Three

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. Appendix B provides the requisite Federal Register summary.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Airborne Surveying submits that grant of this exemption application for use of the Aero-M, 

Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, 

Cinestar 8 and Cinestar 6 in precision aerial surveys will advance the Congressional mandate in 

Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace 

system (“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation

to consider whether certain UASs may operate safely in the NAS before completion of

the rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the 

NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§ 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest.

4 Applicant submits that this provision places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein require modification to allow approval, to supply conditions for the 

safe operation of the UAS. Airborne Surveying welcomes the opportunity to consult with FAA 

staff in order to address any issues or concerns that this proposal may raise that they believe 

may
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February 8th, 2016

Page Four

49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R.

§ 91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to UASs

for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.5

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to operations that

would be conducted with conventional aircraft. These conditions are drawn from Exemptions

11062 through 11067, 11080, 11109, and 11110.

These limitations and conditions to which Airborne Surveying (or “operator”) agrees to be bound 

when conducting commercial operations under an FAA issued exemption include:

1. Operations of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, 

Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 are limited to the aircraft described in the 

attached manuals, which are miniature propeller airplanes and helicopters that weighs less than 

thirty pounds (the “UA” or “UAS”). Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant.6

2. The UAS may not be flown at an indicated airspeed exceeding 50 knots.

3. The UAS may be operated at an altitude of no more than 400 feet above ground

level (“AGL”), as indicated by the procedures specified in the attached manuals. All

altitudes reported to Air Traffic Control (“ATC”) must be in feet AGL.

4. The UAS must be operated within visual line of sight (“VLOS”) of the pilot-in-command

(“PIC”) at all times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

5 In filing this application, Airborne Surveying also is requesting that the FAA combine the 

grant of the Section 333 exemption with a stand-alone Certificate of Operation (“COA”) that 

will allow commercial operations of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, 

DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 without the 

necessity of filing for a COA for each flight. Compliance with the conditions agreed to herein 

and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide 

the separation needed from other aircraft.

Notice to airmen and notice to air traffic control can be provided by the filing of a NOTAM as 

set forth within the proposed conditions.

6 Airborne Surveying is submitting under a request for confidentiality the flight operations 

manual and aircraft flight manuals for the Aero-M, Skywalker X8, DJI Phantom 3, DJI 

Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6

(“manuals”).
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February 8th, 2016

Page Five

5. All operations must utilize a visual observer (“VO”). 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. The PIC must be designated

before the flight and cannot transfer his or her designation for the duration of the flight.

The PIC must ensure that the VO can perform the functions prescribed in the operator’s

manual.

6. The manuals must be amended to include all conditions and limitations required by the

FAA. The manuals must be maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations in the exemption

and the procedures outlined in the manuals, the conditions and limitations in the

exemption take precedence and must be followed. Otherwise, the operator must follow

the procedures as outlined in the manuals.

The operator may update or revise the manuals. It is the operator’s responsibility to

track such revisions and present updated and revised documents to the Administrator

upon request. The operator must also present updated and revised documents if it

petitions for an extension or amendment of this exemption. If the operator determines

that any update or revision would affect the basis upon which the FAA granted this

exemption, then the operator must petition for amendment to its exemption.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the

aircraft is prohibited from operating until the necessary maintenance has been

performed, and the UAS is found to be in a condition for safe flight. The ground control

station must be included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight in accordance with the operator’s manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The

manuals include this requirement.

9. The preflight inspection section in the manuals includes the following requirement: the 

preflight inspection must account for all discrepancies, i.e., inoperable components,

items, or equipment, not covered in the relevant preflight inspection sections of the

operator’s manual.

10. The operator must follow Airborne Surveying UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements, with

particular attention to flight critical components that may not be addressed in the

manufacturer’s manuals. 
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February 8th, 2016

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11. Operator must carry out its maintenance, inspections, and record keeping requirements 

in accordance with the manuals. Maintenance, inspection, and alterations must be

noted in the aircraft logbook, including total flight hours, description of work accomplished,

and the signature of the authorized technician returning the UAS to service.

12. The authorized technicians must receive and document training referenced in the 

manuals.

13. Each UAS operated under the exemption must comply with all Aerial Agriculture, Inc 

systems and safety bulletins.

14. Operator’s maintenance personnel must make a record entry in the UAS logbook or 

equivalent document of the corrective action taken against discrepancies discovered

between inspections.

15. The PIC must possess at least a private pilot certificate and a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. 

61.56 as to the UAS.

16. The operator may not permit any PIC to operate unless that PIC has demonstrated 

through Airborne Surveying’s training and currency requirements that the PIC is able

to safely operate the UA in a manner consistent with how the UAS will be operated under 

this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles, and structures.

17. If the UAS loses communications or loses its GPS signal, the UAS must return to a 

predetermined location within the private or controlled-access property and land or be 

recovered in accordance with the manuals.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the manuals.

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 10 minutes.

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours 

in advance, but not less than 48 hours prior to the operation.

21. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable. 
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February 8th, 2016

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22. Before conducting operations, the radio frequency spectrum used for operation and

control of the UAS must comply with the Federal Communications Commission (“FCC”)

or other appropriate government oversight agency requirements.

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC

at the ground control station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UAS must remain clear and yield the right of way to all other manned operations

and activities at all times (including, but not limited to, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.

27. All operations shall be conducted in Class G airspace.

28. All operations must be conducted under visual meteorological conditions (“VMC”). The

UAS 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.

29. During operations in Class G airspace, the UAS may not operate within 5 nautical miles

of the geographic center of an airport as denoted on a current FAA-published

aeronautical chart unless a letter of agreement with that airport’s management is

obtained, and the operation is conducted in accordance with a NOTAM as required by

the operator’s COA. The letter of agreement with the airport management must be made

available to the Administrator upon request.

30. The UAS may not be operated over congested or densely populated areas unless the

conditions set forth in #31 are satisfied. These populated areas include, but are not

limited to, the yellow areas depicted on World Aeronautical Charts (“WAC”), Sectional

Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However,

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s

responsibility to maintain the minimum safe altitudes required by § 91.119.

31. Operations must be conducted at least 500 feet from all nonparticipating persons

(persons other than the PIC or VO), vessels, vehicles, and structures unless:

a. barriers or structures are present that sufficiently protect nonparticipating persons

from debris in the event of an accident. The operator must ensure that

nonparticipating persons remain under such protection. If a situation arises in which

nonparticipating persons leave such protection and are within 500 feet of the UAS,

flight operations must cease immediately; and/or
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February 8th, 2016

Page Eight

b. the aircraft is operated near vessels, vehicles, or structures where the land

owner/controller has granted permission and the PIC has made a safety assessment

of the risk of operating closer to those objects; and

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per

§ 91.119(a).

32. All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission from

land owner/controller or authorized representative will be obtained for each flight to be

conducted.

33. In the event COAs are required, any incident, accident, or flight operation that

transgresses the lateral or vertical boundaries of the operational area as defined by the

applicable COA must be reported to the FAA’s UAS Integration Office (“AFS-80”) within

24 hours. Accidents must be reported to the National Transportation Safety Board

(“NTSB”) per instructions contained on the NTSB Web site: www.ntsb.gov.

********

Privacy. All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Inspection will be in areas where the owners will have 

consented to the inspections or otherwise have agreed to allow the UAS and the operator to be 

in the area where inspection will take place.

National Security. No national security issue is raised by the grant of this exemption. Given 

the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the Aero-M, Skywalker X8, DJI Phantom 3, DJI 

Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 poses no 

threat to national security.

********

In summary, Airborne Surveying seeks an exemption from the FARs set forth in

Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) in aerial survey

operations.

Approval of this exemption for commercial aerial survey operations will enhance safety by 

reducing risk. Conventional operations, using jet or piston powered aircraft, operate

at extremely low altitudes just feet from the subject being inspected and in extreme

proximity to people and structures. Such manned operations present the risks associated with

vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel. Such

aircraft must fly to and from the project location. In contrast, a sUAS weighing fewer

than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass 

and lack of combustible fuel carried on board. The sUAS is carried to the target area and not 

flown. The sUAS will carry no passengers or crew and, therefore, will not

expose them to the risks associated with manned aircraft flights.
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February 8th, 2016

Page Nine

The operation of small UASs, weighing 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. These lightweight aircraft operate at slow speeds, close to the ground, and

in areas that are under the control of the PIC. As a result, they are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and 

people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas, and operation within

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s UAS for the Purposes 

outlined herein and are consistent with exemptions already granted, including Exemptions

11062 through 11067, 11080, 11109 through 11112, and 11114.

Sincerely,

Andrzej Mrotek

Airborne Surveying
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Airborne Surveying requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the Aero-M, Skywalker X8, DJI Phantom 3, 

DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6:

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

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the Aero-M, Skywalker X8, DJI Phantom 3, DJI 

Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 in this case is 

remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot’s license to be pilot in command of any aircraft for compensation or 

hire. Airborne Surveying respectfully proposes that operator requirements should take into account 

the characteristics of the particular UAS. Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI 

S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application.

The Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar 

Alta, Cinestar 8 and Cinestar 6 has an autonomous navigation and control system. Flights are 

preprogrammed with precision GPS guidance and do not require human intervention. In the case of 

unplanned events, the operator can manually intervene to take one of the following actions:

(i) command the aircraft to begin to autonomously return to the recovery area and land;

(ii) command the aircraft to autonomously return to the recovery area where the pilot will assume

control and land the aircraft; or (iii) manually assume control of the aircraft via the hand controller

and return the craft to the recovery area where the operator lands it.

Additional automated safety functions and safety enhancing features of the Aero-M, Skywalker 

X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and 

Cinestar 6 include the following:

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or auto landing until such time as GPS is re-established or the PIC assumes manual control 

of the aircraft.

 Low battery power on the aircraft triggers the landing sequence and the craft will fly to the 

recovery area.

 If the auto-pilot detects a lost-link to the ground control station for longer than 30 seconds,

landing procedure begins.

 The aircraft, weighing fewer than 30 lbs., fully loaded, is constructed of foam, carbon fiber 

and plastic which is intended to absorb impact energy.

 In the event the ground station reaches a low power state, it will alert the pilot. 

Given these safety features, Airborne Surveying proposes that operators of the Aero-M, 

Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, 

Cinestar 8 and Cinestar 6 should not be required to hold a commercial pilot certification. Instead, 

operators should be required to hold only a private pilot certification.

The risks associated with the operation of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, 

DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 (given its size, speed, 

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcraft)
that allowing operations of the UAS as set forth above meets or exceeds the present level of safety 

provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial 

pilot to operate the aircraft under § 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing

operation of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar 

X8, Cinestar Alta, Cinestar 8 and Cinestar 6 with a private pilot’s certificate, under the conditions set 

forth in the exemption request. The FAA has granted exemptions to conduct similar operations in

Exemptions 11062 through 11067, 11080, 11109, and 11110.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

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

Should the exemption be granted allowing commercial operation of the Aero-M, Skywalker X8, DJI 

Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6

without an airworthiness certificate, no standard will exist for airworthiness of the Aero-M, Skywalker 

X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and 

Cinestar 6. Given the size of the aircraft and the requirements that the operator has agreed to as 

relates to airworthiness, as set forth in the attached manuals, an equivalent level of safety will be 

achieved by ensuring compliance with the manuals prior to each flight. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 

11110.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to 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.

As set forth herein, the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, 

Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 will never operate at higher than 400 feet AGL. 

It will, however, be operated to avoid congested or populated areas that are depicted in yellow on 

VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes 

and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which 

the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar 

Alta, Cinestar 8 and Cinestar 6 is built. Also, no flight will be taken without the permission of the

landowner or those who control the land as well as local officials. Because of advance notice to

the landowner, all affected individuals will be aware of the survey flights. Compared to aerial

survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying 

flammable fuel, any risk associated with these operations will be far less than the risks currently 

posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude 

operations of the UAS will maintain separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, and 1110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “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; or (2) At night, to fly after that for at least 45 minutes.”
The batteries powering the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI 

S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 provide approximately 15-60 

minutes of powered flight. Without an exemption from § 14 C.F.R. 91.151, the UAS’s flights 

would be limited to approximately 30 minutes in length. Given the limitations on its proposed 

operations and the location of those proposed operations, a longer time frame for flight in 

daylight VFR conditions is reasonable.

Airborne Surveying believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151(a)). Operating the small UAS without 30 minutes of 

reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent 

given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, 

or cargo also enhances its safety. Limiting Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, 

DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 flights to 30 minutes 

would greatly reduce their utility. In the unlikely event that the Aero-M, Skywalker X8, DJI 

Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 and 

Cinestar 6 achieves a low battery state, it would simply land. Given its weight and construction 

material, the risks are less than contemplated by the current regulation.

Airborne Surveying believes that an equivalent level of safety can be achieved by maintaining 15 

minutes of reserve fuel, which, allowing 45 minutes of flight time, would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its operating area.

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 

10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, and 11112.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43;

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

Maintenance of the Aero-M, Skywalker X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, 

Cinestar X8, Cinestar Alta, Cinestar 8 and Cinestar 6 will be accomplished by the owner/

operator pursuant to the manuals attached as confidential exhibits. An equivalent level of safety 

will be achieved because the UAS is small in size, will carry a small payload, will operation only 

in restricted predetermined areas and is not a complex mechanical device. As provided in the 

attached manuals, the operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance that is performed; 

moreover, the operator is the person most familiar with the aircraft and is best suited to maintain 

the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, and 

11112.
APPENDIX B

SUMMARY OF AIRBORNE SURVEYING SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, Airborne Surveying hereby provides pursuant to Part 11

a summary of its exemption application to allow commercial operation of the Aero-M, Skywalker 

X8, DJI Phantom 3, DJI Inspire, DJI S1000, DJI S900, Cinestar X8, Cinestar Alta, Cinestar 8 

and Cinestar 6 unmanned aircraft in precision surveying, precision agriculture data collection, 

precision inspections and aerial video and photography. An exemption is requested from the

following regulations:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)