December 16, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Subject: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

To Whom it May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P .L. 112‐

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, I, Joseph Morrow and

Michael Dombrowski of MRD Associates, Inc., providing aerial construction photography and

videography services, seeks an exemption from the Federal Aviation Regulations ("FARs") and listed

below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.3

14 C.F.R. 61.23

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. 91.9

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. 91.203

14 C.F.R. Subpart E (91.401 ‐ 91.417)

The requested exemption would authorize commercial operations using the Unmanned Aircraft System

(UAS) for construction photography/videography and surveying efforts. These operations will be subject

to strict operating conditions defined by the UAV manufacturer’s standards and procedures in order to

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

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or

Authorization (COA) form from the FAA Air Traffic Organization prior to conducting operation(s) in the

National Airspace System (NAS).
Proposed Use:

The main use of this UAS would be taking photos and videos for construction observation purposes and

or the monitoring of existing conditions within previously constructed projects. The UAS systems that is

planned to be used is currently a DJI PHANTOM 3 PROFESSIONAL and or in the future a DJI INSPIRE 1 and

will be referenced in this document.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by

always flying the UAS within visual eye contact, less than 400 ft above ground and never directly

above persons or public places. The orientation of flights will be such that the pilot in command

(PIC) always has a visual on the rear mounted LED flight Indicator. Additional safety features on

the DJI PHANTOM 3 PROFESSIONAL and DJI INSPIRE 1 include, return to home, low voltage,

enhanced failsafe along with operating in the less populated 2.4‐2.483 GHZ frequency range.

2. Pre‐flight inspection would be checking battery condition/level in both the transmitter and UAS.

The binding/link feature will not let the UAS start if communication is not established. A check for

powerlines, antennas and other overhead objects would be performed. Wind conditions would

be monitored and be a factor for flying.

3. Additional checks would be made into designated “No Fly Zones” as updated periodically by the

DJI website and in addition to maintaining a minimum radial distance of 5 miles from any

established airport.  

4. The radio frequency of the DJI PHANTOM 3 PROFESSIONAL and DJI INSPIRE 1 are in the 2.4 ‐ 2.483

GHZ range. The maximum take‐off weight less than 1200g. Max Ascent speed is 5 m/s, and the

Max Descent speed it 3 m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s.

5. The PIC will be either Joseph Morrow or Michael Dombrowski of MRD Associates, Inc. whom has

been an electronic hobbyist for 10+ years.  Testing, updating and programming the DJI PHANTOM

3 PROFESSIONAL and or DJI INSPIRE 1 firmware would be done on a monthly schedule and as

necessary to ensure a safe flight.

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL is to expand our current business

offerings of aerial photography and primarily for construction observation that is typically only

offered by other aerial means (i.e. low altitude helicopter flights or small manned aircraft).

Photography and video ascertained by the UAS would be made available publically or privately to

clients, contractors, and other engineers as necessary.  

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera

metadata recorded on a hard drive and backed up to multiple devices. This data would be kept

readily available for a period of 1 year after each aerial flight for hire.

8. The proposed flight time will be the lesser of 30 minutes or the time‐duration of the UAV battery.

If planned operation requires, I will also file for a Certificate of Waiver or Authorization (COA). In the event

that a COA request is not granted the petitioner would ask that this request for exemption still be granted

with a conditional use. The DJI PHANTOM 3 PROFESSIONAL and or DJI INSPIRE 1 will never be flown in the

flight path of manned aircraft. The first condition listed to always keep visual eye contact on the 22mm

LED flight indicator is probably the most important. Our main objective is to offer aerial photography and

videography for existing and future monitoring of construction projects in the safest way possible.

Public Interest:

Granting our request would be in the public interest by allowing us to ascertain pertinent data in regards

to construction projects utilizing a smaller and more efficient method than current available means to

commercial entities.  The use of an UAS for the proposed operations will provide significant public benefit,

including the reduction of environmental impacts such as reduced emissions associated with UAS use for
aerial data collection as opposed to normal full sized rotary or fixed wing aircraft. Also the use of UAS for

the proposed operations can reduced the time of aircraft exposure in the NAS. The aircraft selected is

battery operated, can take off and land vertically and use will be confined to the area of operation instead

of having to travel from another location. Also, since the proposed UAS is battery powered and carries no

fuel reducing risk of fire of fuel spillage or in the event of a mishap thus benefitting public safety.  

Additionally, this exemption would not adversely affect the safety of the general public due to the size,

weight, and keeping of the UAS in visualsight. The safety mechanisms of the herein described UAS provide

further protections when the PIC is no longer in control of the UAS.   

Thank you, and Sincerely, 

mrd associates, inc. 

 

 Joseph Morrow 

Senior Coastal Engineer 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES

SUBJECT TO EXEMPTION

Joseph Morrow and Michael Dombrowski, of MRD Associates, Inc. request an exemption from the

following regulations as well as any additional regulations that may technically apply to the operation of

the DJI Phantom 3 Professional and DJI Inspire

1 ("UAV”):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

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). Given the size of the UAV, they are very light weight and the

limited operating area associated with their utilization, it is unnecessary to go through the certificate of

airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.  

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.

An analysis of these different criteria demonstrates that the UAV operated without an airworthiness

certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a

conventional aircraft with an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

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 UAVs,

this requirement is impossible to match.

14. C.F.R. §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first‐class medical certificate:

 When exercising the pilot‐in‐command privileges of an airline transport pilot

certificate;

 When exercising the second‐in‐command privileges of an airline transport pilot

certificate in a flag orsupplemental operation in part 121 of this chapter that requires

three or more pilots; or

 When serving as a required pilot flight crewmember in an operation conducted under

part 121 of this chapter if the pilot has reached his or her 60th birthday.

(2) 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 UAV, its structure, the limited flight area, and the safety features integrated in the

autopilot (among others a flight termination system), Joseph Morrow and Michael Dombrowski believe

that an Equivalent Level of Safety can be reached if the operator has a valid driver's license.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

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

Commercial 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 pilot authorization issued under this part in that

person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot

certificate or authorization. However, when the aircraftis operated within a foreign country, a pilot license

issued by that country may be used. The regulation provides also that no person that holds a private pilot

certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows

a private pilot to act as pilot in command of an aircraft in connection with any business or employment if:

 The flight is only incidental to that business or employment;

 (3) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Joseph Morrow and Michael Dombrowski propose that operators

of the UAV should not be required to hold a commercial or private pilot certification. The equivalent level

of safety will be achieved by having an operator trained UAV manufacturer, and using the integrated

features of the aircraft to maintain a high level of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C. § 44701 (f)) 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 particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate

without the restrictions and conditions proposed.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close

proximity to the operator.

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §

45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAS

as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos.

10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instruction

The regulation providesthat "No person may operate a civil aircraft that is being used for flight instruction

unless that aircraft has fully functioning dual controls."

The equivalent level of safety during the in‐flight training will be achieved by the manufacturer or affiliate

providing the training as described in the manufacturer's training program and through the use of

experienced and qualified instructors familiar with the UAV.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority

to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with security

perimeter, where buildings and people will not be exposed to operations without their preobtained

consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. No flight will be taken without the permission of the property owner or local

officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack of

flammable fuel, any risk associated with these operations is far less than those presently presented with

conventional aircraft.

14 C.F.R. 91.121: Altimeter settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting

available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude

read out, an exemption is requested.

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site

shown on the GPS altitude indicator before flight.

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

The regulation provides 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 UAVs are electric‐powered, this requirement is inapplicable. In any event, given the contemplated

operations, Joseph Morrow and Michael Dombrowski believe that an equivalent level of safety is already

achieved with the specific procedure preventing the UAVs accepting a take‐off order if the battery level is

below a given value. Moreover, the manufacturers have integrated low and critical battery level warnings

and implemented a "return to home" action in these situations.

14 C.F.R. § 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 ¡±91. 715 is displayed at the cabin

or cockpit entrance so that it is legible to passengers or crew.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to

such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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 Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness

certificate. Section 91 A 17 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.

Joseph Morrow or Michael Dombrowski propose that the maintenance of the UAVs will be accomplished

by either individual, as the owners of the UAV(s), according to the manufacturer supplied user manual.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections

will not apply to the applicant Maintenance will be accomplished by the operator pursuant to the flight

manual and operating handbook as referenced herein. An equivalent level of safety will be achieved
because these small UAVs are very limited in size and will carry a small payload and operate only in

restricted areas for limited periods of time. If mechanical issues arise the UAV can land immediately and

will be operating from no higher than 400 feet AGL. 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

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.