July 10, 2015 Jason Greer

Rocky Mountain UAV

6531 Sugarberry Lane

Colorado Springs, CO 80927

303-229-5077

Jgreer213@gmail.com

U.S. Department of Transportation

Federal Aviation Administration

800 Independence Ave, SW

Washington, DC 20591

RE: Petition for exemption under Section 333 of the FAA Reform Act from multiple parts of the Federal 

Aviation Regulations from Title 14 C.F.R.

Dear Sir or Madam:

I (Jason Greer) / Rocky Mountain UAV respectfully request and exemption from Section 333 of Title 14 

of the Code of Federal Regulations to permit the use of small (under 55 lbs) unmanned aerial systems 

(UAS) for use of safe aerial photography and video in the construction/engineering, real estate, and 

agricultural industries. 

Construction / Engineering –

Aerial photography and video will be used to evaluate the progress of construction projects and 

review mine sites in real time. The technology will also be used to evaluate the existing 

conditions of potential construction projects to assist in engineering and project startup.

Real Estate –

The UAS will be used as a marketing tool to allow clients to showcase their properties by use of 

aerial photography.

Agriculture –

The UAS will be used to assist ranchers in searching for their livestock and assist farmers in 

reviewing their crop, both in real time. 

Public Interest & Safety 

General –

1. No operation over pedestrians, vehicles or potential congested areas.

2. No operation over private property without the property owner’s consent.

3. No operation in restricted airspace / near airport / government facilities. If equipped on the 

UAS, utilize the GPS and computer to ensure UAS does not enter restricted airspace.

4. Understand local and state laws, they may differ from federal requirements. In case of 

conflict between laws, the more stringent law applies.

5. No operation beyond line of site of the operator.

6. Ensure the UAS computer will stop the UAS from going more than 400 feet into the air.

7. Follow the manufactures operating manual along with their safety guidelines.

a. http://www.dji.com/product/phantom-2-vision-plus/download
b. http://www.dji.com/product/phantom-3/download

c. http://www.dji.com/product/inspire-1/download

8. THE OPERATOR ALWAYS HAS THE AUTHORITY TO STOP OPERATIONS IF HE/SHE HAS ANY

SAFETY CONCERN.

Pre Flight Requirements –

1. Review surrounds for pedestrians, obstacles and changing conditions.

2. Understand the boundaries where the operation will take place and stay within the 

designated boundaries.

a. Is there private or public property adjacent to the operation?

b. Is potential for pedestrian, vehicles or wildlife to enter the operation area?

c. If possible, mark the operation boundary on the “on screen map” (DJI Phantom 3 or 

DJI Inspire 1)

3. Inspect UAS for damage -

a. Propellers

b. Body

c. Motors

d. Exposed Electronics / Wire Connections

e. Landing Gear 

f. Cargo / Payload / Camera

4. Ensure all hardware firmware is updated to the latest version.

5. Ensure UAS has been calibrated, minimum once per week or if operation is more than 50 

miles from previous operation.

6. At least once per month, test the “Return to Home” function to ensure that it work 

properly.

7. Allow time for UAS to “warm up” before flying – typically 2 minutes.

8. Start all flights in GPS Mode to make there are a proper amount of satellites available for 

safe flight.

Flight Requirements –

1. Operator must maintain eyesight of the UAS.

2. The UAS must be kept below 400 feet from the ground.

3. Keep UAS speeds below 70 MPH. Excessive speeds are not necessary for commercial use.

4. Utilize real time video playback to the operator if possible.

5. If possible have a backup operator to assist in maintaining eyesight of the UAS.

6. Monitor battery life– if low (below 25%), bring the UAS back to its home position.

7. Monitor for changing conditions – Weather, Pedestrians, Wildlife and other dynamic factors.

Post Flight –

1. Inspect UAS for damage / wear –

a. Propellers

b. Body

c. Motors

d. Exposed Electronics / Wire Connections

e. Landing Gear 

f. Cargo / Payload / Camera

2. Allow UAS to cool down before storage – typically 2 – 5 minutes

3. Check batteries for bulging or excessive heat.
Radio Frequencies

Only standard UAS frequencies (2.4 GHZ & 5.8 GHZ) will be utilized for operations. These 

frequencies will be used for flight control and for cameras. One or both frequencies may be utilized at 

one time.

Operator Qualifications

Jason Greer –

1. Over 100 Hours of UAS flight time with modern style quad-copters

2. OSHA 10 HR – For Construction Clients

3. MSHA Certified – For Access to mine sites

4. First Aid / CPR

Future Employee Minimum Requirements –

1. Onsite Flight Training – By Company

2. First 20 hours of actual flight time is supervised

3. OSHA 10 HR – Prior to Entry on to Construction Sites

4. MSHA New Miner Certified – Prior to Entry to Mine Sites

Regulations from which the exemption is requested:

List of Exemptions Requested –

14 CFR - 21

14 CFR - 45.23(b)

14 CFR - 61

14 CFR – 91.7(a)

14 CFR – 91.9(b) (2)

14 CFR – 91.103

14 CFR – 91.109

14 CFR – 91.119

14 CFR – 91.121

14 CFR – 91.151

14 CFR – 91.405

14 CFR – 407

14 CFR – 409

14 CFR – 417

Details for Exemptions Requested –

14 CFR – 21

Given the size, weight and speed; an exemption from 14 CFR part 21 is warranted and 

meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

section 333 of P.L. 112-95 (Section 333)

14 CFR - 45.23(b)

As the aircraft does not have a cabin, cockpit or pilot station which will not allow for any 

internal markings. Due to the size of the aircraft exterior marking must be smaller than 
the 2 inch requirement. Company information will be marked on the UAS in using an 

appropriate size to allow for the full company name to be displayed.

14 CFR - 61

14 CFR – 91.7(a)

This regulation is in not applicable for our operation as there is no certificate available 

for our operation.

14 CFR – 91.9(b) (2)

This regulation is not applicable as the size of the aircraft will not allow for the safety 

manual to be in the aircraft. We will keep a safety manual at the ground station to 

achieve an equal safety measure.

14 CFR – 91.103

This regulation requires each pilot to take certain actions before flight to insure the 

safety of flight. As the FAA approved UAS flight manuals will not be provided for the 

aircraft and exemption will be needed. The operator will take, at a minimum, the 

actions prescribed above in the safety section of this document as well as follow 

manufacture’s recommendations.

14 CFR – 91.109

UAS’s do not have duel controls; therefor this regulation does not apply. The UAS will 

be operated by remote from the ground and the operator will maintain eyesight of the 

UAS. One additional measure is that the UAS will have a fail-safe function that will land 

or return the UAS to the home position if the UAS and Remote lose connection.

14 CFR – 91.119

The altitude levels prescribed do not apply to our operations. Operations will not go 

above 400 feet above ground and will stay within eyesight of the operator. These 

measures and the safety measures as described above are applicable and equivalent to 

the prescribed measures in 14 CFR – 91.119

14 CFR – 91.121

This regulation does not apply as the UAS utilized GPS and a barometric sensor.

14 CFR – 91.151

This regulation does not apply as the UAS does not use fuel. The UAS is 100% electric

and measures battery life. The UAS measures its distance from its home position and 

will alert the operator when it must be returned home without exhausting the battery. 

The UAS also has a fail-safe, when the battery reaches 25% it will automatically land or 

return home, depending on the setting the operator has chosen.

14 CFR – 91.405, 407, 409, 417

Maintenance inspections do not apply as there is no airwothiness certificate. However 

there will be a standard safety inspection completed pre and post flight per the 

manufactures recommendation and our internal polices as described above.

If there are any questions, please feel free to contact me at any time.

303-229-5077

Jgreer213@gmail.com

Jason Greer