D’AVION LLC.																											

200 Jet Port Road

Brandon, MS 39047

601-936-0777

davionllc.com

info@davionllc.com

29 June 2015

Mr. Janus Williams

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591 

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE

Washington, DC 20590 

Dear Mr. Williams, 

D’Avion, LLC, respectfully requests an exemption from several provisions of Title 14 of the Code 

of Federal Regulations (C.F.R.), specifically portions of 14 C.F.R. Parts 45 and 91, to permit the use 

of a small fleet UAS’s for use in precision agriculture aerial surveying, site inspection via video/

photography and patrolling, wildlife/nesting area evaluations and forestry monitoring, public entity 

support operations, real estate photography; inspections/patrolling/monitoring for the public 

safety/entities pipelines (gas/oil/chemical), and communications industries; aerial photography and 

videography (architecture, land surveying), engineering, television, public events, cinematography 

and newsgathering (and other related professional activities); aerial inspection/photography of 

residential/commercial structures; residential/commercial utility infrastructure; aerial video/

photography to assist with search and rescue operations and training for UAS operations; geophone/geospatial data collection, photography, infrastructure inspection services, and disaster area 

damage and debris assessments/aiding certain rescue operations such as locating snow avalanche 

victims/flood/earthquake/other disasters/lost child/adult dementia; cellular/utility/antenna/power 

line/radio/water tower/bridge inspections/compound surveys and painting of same and other large 

structures; educational/academic uses; aerial imaging, photography, videography and perform 

closed-set motion picture and television filming and production. D’Avion, LLC will ensure 

additional requirements required by the FAA will be met.

D’Avion LLC UAS will be an all-environment, electric/gas powered, self-launch, small multirotor/quad, double, or single rotor UAS platforms that, depending on camera/sensor payload, are

capable of collecting images and location information to a Ground Control Station (GCS) and 

conduct high-resolution photogrammetry or perform Light Detection and Ranging (LIDAR) data 
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collection. If used for high-resolution photographs or LIDAR data, our UAS will store the

photographs and imagery data onboard and make it available for download after completion of the 

flight or via live stream depending on the configuration of the UAS. The UAS will have a 

maximum weight of less than 55 pounds including payload and a diameter of 55 inches or less. The 

UAS will be operated at a speed not exceeding 87 knots (100 miles per hour). 

The UAS that D’Avion LLC utilizes will be electric/gas powered and will operate at an altitude of 

no more than 400 feet above ground level (AGL). The UAS platforms will be operated within visual 

line of sight (VLOS) of the PIC at all times by human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s 

license. The UAS operations will utilize a visual observer when required (VO). The UAS will be 

operating in temperatures ranging from 14°F to 122°F. The UAS with use GLONASS and U.S. 

GPS and two omni-directional antennas, a primary and a redundant backup. The VO and PIC will

communicate verbally at all times without the use of any electronic messaging or texting during 

flight operations. The PIC will be designated before the flight and will not transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties 

required of the VO. 

D’Avion LLC will ensure its PIC’s of UAS hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate.

Granting an exemption is consistent with Congress' intent, as reflected in Section 333 of the FAA 

Modernization and Reform Act of 2013, that safe systems be permitted in the National Airspace 

(NAS) prior to the issuance of final regulations governing general use of these small-unmanned

aerial systems. 

FAA Modernization and Reform Act of 2012, Section 333 

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 

determining which UASs would be eligible for expedited integration into the National Airspace 

System (NAS). Specifically UAS’s that “as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to the users of the national airspace system or the public, or pose a threat to national 

security”. If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) then gives the 

FAA the authority to decide if an airworthiness certification as specified by Title 49 United States 

Code, Section 44704 is even required for operation. Section 333 (c) specifically states that the FAA 

can determine “whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of Title 49, United States Code, is required for the operation of

unmanned aircraft systems”. Thus, the FAA has the ability to allow a UAS that meets the criteria 

put forth in Section 333 (b) to operate within the NAS without an airworthiness certification as long 

as the UAS does not pose any hazard or threat to the NAS, public, and national security. 

The primary function of the D’Avion LLC is to provide aerial imagery using interchangeable georeference still/video cameras via UAS. High-resolution data generated from these cameras offers a 
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wide range of applications in both agriculture and non-agriculture aerial survey for thousands of 

businesses in the above mentioned areas. The resulting imagery data, along with post-processing 

data analytics, helps local farmers, for example, maximize crop yields, benefitting the economy and 

the general public as well as benefitting numerous non-agriculture businesses. The UAS can fly by 

remote control or autonomously with advanced mission planning, and is launched on the spot with 

no requirement for a runway. Once airborne, the UAS wil1 fly at an altitude less than 400ft Above 

Ground Level (AGL) over the designated plot/area. Prior to flight, the Pilot in Command (PIC) sets 

a designated flight area and flight parameters to ensure that the UAS will remain within the confines 

of the approved site, never exceeding 400ft. AGL. If onboard sensors detect a critical issue at any 

time, such as a low battery state or loss of GPS signal, the UAS will immediately execute preprogrammed safety procedures and automatically return to the launch site or closer site as 

determined by the PIC. The UAS small footprint and built in safety protocol is a much safer 

alternative for aerial survey and pose a minimal hazard to the NAS or public.

The UAS will be flown in accordance with day Visual Flight Rules (VFR) and only in Visual 

Meteorological Conditions (VMC) during daylight hours. The UAS will operate within 1 nautical 

mile and Visual Line of Sight (VLOS) of the PIC (and the Safety Observer positioned next to the 

PIC) at an altitude 400ft. AGL or less. The Safety Observer will be responsible for ensuring that

UAS remains within VLOS at all times and will also assist in spotting potential hazards. 

D’Avion LLC established the following operational limitations for their UAS flights over the 

intended survey sites: 

• UAS flights are only permitted over designated areas listed in paragraph one above. 

• The UAS will operate below 400 ft. AGL and not within 5 NM of an airport

The UAS will operate within 1 NM and within VLOS of the PIC and Safety Observer.

• The Safety Observer will be located next to the PIC and will ensure the aircraft remains 

within the VLOS and assist in spotting potential hazards

• The UAS will operate in accordance with Day VFR and only in Visual Meteorological 

Conditions during daylight hours 

• The duration of each UAS Flight shall not exceed (2) hours 

• All take offs and landings will occur on-site

• UAS flights will avoid direct over flight of any office or maintenance buildings located onsite except as noted above for mapping and/or photography of those areas

• All D’Avion LLC employees working on-site will be thoroughly briefed on UAS operations 

prior to operations commencing

• Any other workers in the work site will be notified of UAS operations prior to operations 

commencing

• UAS operations will be conducted by certified pilots as discussed above who have 

completed D’Avion LLC UAS training.

• UAS flights will be cancelled in the event that any aircraft or ground control station 

equipment is found to be inoperative or not fully functional

• If the PIC or Safety Observer observe a potential hazard, such as a manned aircraft within 

close proximity to the designated flight area, the PIC will immediately land the UAS and 

operations will only resume after the hazard is clear of the area 

• All UAS maintenance will be accomplished in accordance with the D’Avion LLC

Inspection and Maintenance Requirements 

• Only one UAS will be airborne at any given time for each designated site 
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D’Avion LLC will be bound by these limitations for commercial flights after FAA approval of the 

exemptions laid forth in this petition. D’Avion LLC will also follow any guidance from the FAA in 

accordance with Sec 333 (c) which states that after determining if UAS meets the criteria for safe 

operation that the FAA “shall [also] establish requirements for the safe operation of the” UAS in the 

NAS. 

Specific Sections of 14 CFR from which D’Avion LLC Seeks Exemption 

Below are the sections from which D’Avion LLC seeks exemption, with specifics on the extent of

relief sought, reason for relief, and why exemption would not adversely affect safety. 

a. Part 21 Subpart H - Airworthiness Certification 

Part 21 Subpart H establishes the requirements for the issuance of an airworthiness certificate. 

D’Avion LLC seeks complete exemption from Part 21 Subpart H pursuant with Section 333, which 

authorizes the FAA to exempt a UAS from the requirements of an airworthiness certificate based on 

consideration of the following: size, weight, speed, and operational capability, proximity to airports 

and populated areas, and operation within VLOS. An equal level of safety will be achieved with the 

operational limitations established in this document for all D’Avion LLC UAS flights. Specifically 

that all flights will occur within VLOS of the PIC and Safety Observe at an altitude of less than 400 

ft. AGL, and only over designated agriculture plots in remote and rural areas of the United States

and for use in aerial photography, in CONUS state companies and as delineated in paragraph one 

above. As a result the UAS can safely operate without creating a hazard to any other aircraft, 

people, or structures on the ground. The combination of the UAS safe operational history in United 

States and small, lightweight design, in conjunction with D’Avion LLC’s safety requirements and 

operating limitations, results in a safer alternative for aerial imagery collection. 

b. 91.7 (a)- Civil Aircraft Airworthiness 

91.7 (a) states that “no person may operate a civil aircraft unless it is in an airworthy condition”. 

D’Avion LLC is already seeking exemption for airworthiness certification and thus no FAA 

standard will exist for determining airworthiness. As a result D’Avion LLC seeks full exemption 

from this regulation. D’Avion LLC will achieve an equal level of safety by using D’Avion LLC

Safety Manual, Standing Operation Manual, Maintenance Procedures and Guidelines, and the Flight 

Operations and Training Manual, User Manual and Inspection and Maintenance Requirements

Manual. Our documentation contains pre-flight protocols for each flight, safety checks, and 

comprehensive maintenance procedures. 

c. 91.9 (b)- Civil Aircraft Flight Manual in the Aircraft 

91.9 (b) states that no person may operate an aircraft unless there is a current approved flight 

manual for the aircraft onboard. The UAS small and lightweight design is not physically capable of 

carrying an aircraft flight manual onboard. In addition, the UAS are unmanned, and the PIC is 

located at the ground control station. D’Avion LLC thus seeks exemption from the requirement to 

carry the aircraft flight manual onboard. D’Avion LLC instead proposes that the UAS Safety 

Manual, Standing Operation Manual, Maintenance Procedures and Guidelines, and the Flight 

Operations and Training Manual, which contain information normally found in an aircraft flight 

manual, be kept at the ground control station where it is readily assessable to the PIC and Safety 

Observer for reference. 
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d. 91.103- Preflight Action 

91.103 requires that the PIC be familiar with specific information before each flight such as 

weather, forecast, and fuel requirements. In addition to this the PIC must be familiar with 

information found within the approved flight manual relating to aircraft performance and takeoff 

and landing distances. Due to the fact that the UAS have no FAA approved flight manual D’Avion

LLC seeks exemption from this regulation. D’Avion LLC proposes to use the UAS User Manual 

Safety Manual, Standing Operation Manual, Maintenance Procedures and Guidelines, and the Flight 

Operations and Training Manual and in lieu of an FAA-approved flight manual these UAS

publications have extensive pre-flight checklists that include reviewing weather, power/battery 

requirements, takeoff and landing, and aircraft performance data. The information found in these 

UAS manual is comparable to the information found in a FAA-approved flight manual, to include a 

comprehensive step-by-step pre-flight checklist. As a result an equal level of safety will be 

maintained by the PIC using manuals which addresses the items listed in 91.103. 

e. 91.119-Minimum Safe Altitude 

The 91.119 establishes the minimum altitude that civil aircraft may safely operate at. 91.119 (c)

specifically states that over “other than congested areas” a civil aircraft cannot operate below an 

“altitude of 500 feet above the surface, except over open water or sparsely populated areas (and) in 

those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure”. The sole premise of the D’Avion LLC UAS is to fly at low altitudes over agricultural 

plots; which can be categorized as; “other than congested area,” as well as low flights over 

structures as delineated in paragraph one above. Small UAS are, by design, flown at altitudes of less 

than 400 ft. AGL. D’Avion LLC has established operating limitations to achieve the highest level of 

safety, specifically that the our UAS will not operate above 400 ft. AGL and that our UAS will 

remain within VLOS of the PIC and Safety Observer. For these reasons D’Avion LLC seeks 

exemption from this regulation. An equivalent level of safety will be maintained by only operating 

the UAS over designated farming sites and other sites as discussed in paragraph one above.

f. 91.121-Altimeter Settings 

91.121 requires aircraft to maintain a cruising level or flight level in reference to a current reported 

altimeter setting. The D’Avion LLC UAS’s are not equipped with programmable altimeter but 

rather determines location and altitude via an onboard GPS and barometer. Since the UAS will be

operating below 400 ft. AGL, there is no need to maintain hemispherical cruising altitudes for deconfliction with manned aircraft. For these reasons D’Avion LLC seeks exemption from this 

regulation. An equal level of safety “will be achieved through the UAS GPS and barometer, which 

provide altitude and location data to the PIC via the ground control station. An automatic pre-flight 

test is done to verify functionality of the GPS and barometer prior to operations. If at any time 

during flight there is a failure of the GPS or barometer, the UAS will initiate an emergency 

procedure to return to its original takeoff location. By operating below 400 ft. AGL, the UAS will 

not create a hazard to any manned aircraft maintaining hemispheric cruising altitudes based on a 

current altimeter setting. 

g. 91.151 (a) Fuel Requirements for Flight in VFR Conditions 

The 91.151 (a) states that no person may begin a flight in Day VFR conditions unless there is 

enough fuel to fly to the intended landing point and fly for 30 minutes after that point is reached. 
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Compliance with the regulation would leave the UAS less than 15 minutes of flight time. D’Avion

seeks full exemption from this regulation due to the fact that the risk or danger associated with 

failing to reach a safe landing point with 30 minutes of extra “fuel” does not exist with the current 

UAS platform. The UAS does not have to return to a “landing point” but rather can be safely put 

down anywhere over an agricultural plot or field/areas in the area of operation.

An equal level of safety will be maintained simply by the fact that the UAS platforms are designed 

to safely land anywhere over an agricultural plot or field/areas in the area of operation in the event 

that the battery is exhausted. Any risk associated with battery or fuel duration in relationship to 

flight time is mitigated by the fact that UAS has the ability to land anywhere and at any given time. 

h. 91.203 (a) & (b) - Civil Aircraft: Certifications Requirements 91.203 requires all civil aircraft to 

have “within it . . . an appropriate and current airworthiness certificate” that must be “displayed at 

the cabin or cockpit entrance so that is legible to passengers or crew”. D’Avion is already seeking 

exemption from the airworthiness certificate regulation and thus requires an exemption from this 

regulation. In addition the UAS due to their size and design have no cabin or cockpit, and therefore 

do not have the ability to affix or carry certification or registration documents. Furthermore the 

UAS do not carry any passengers or crew for whom the certificate is required to be displayed. 

D’Avion LLC proposes that any FAA-required documents be kept at the ground control station and 

that a small placard be affixed to the UAS with manufacture, registration, and contact information. 

An equal level of safety will be achieved by having any FAA-required documents located at the 

ground control station where it will be readily accessible to the PIC and any other agencies that may 

require the information. 

Granting an Exemption that is in the Publics Interest 

The UAS’S that D’Avion flies are a safe, efficient, and an economical alternative to manned, fixedwing aircraft that are currently being used to conduct aerial imaging of agricultural plot or 

field/areas in the area of operation. Using an UAS in lieu of a traditional manned, fixed wing 

aircraft will result in the overall reduction of low-flying manned aircraft in the NAS, thereby easing 

the burden on Air Traffic Controllers. Because the UAS can take off and land on-site and operate at 

an altitude under 400ft AGL within VLOS of the PIC there is no need for ATC to provide 

coordination during ground movement, takeoff, departure, transit, arrival, or landing phases of

flight. As the skies over the United States get busier and busier, any efforts that can ease the stress 

on the Air Traffic Control system is of benefit to the public. The UAS’s that D’Avion LLC uses are

electrically powered, which decreases air pollution and noise. The electric motor will be 

exponentially quieter than a twin-engine combustion motor on passenger aircraft typically used to 

conduct aerial imaging. A manned aircraft typically burns 20-30 lbs. of fuel per hour, polluting the 

air not only over the site but also over the path of transit and around the airport. Conducting aerial 

imaging with the UAS in lieu of a manned aircraft would thus greatly reduce both air pollution and 

noise pollution, which is of great benefit to the public. 

Using the UAS would also greatly reduce risk to life and property on the ground. The D’Avion LLC 

fleet of UAS’s is a small size, reduced weight, and pose little hazard to people or structures on the 

ground as compared to a manned twin engine aircraft, which has a much greater potential for 

damage to life and property in the event of an accident. The UAS is unmanned and as a result poses 

no risk associated with piloting an aircraft. 

Overall the UAS provide a much safer alternative to manned, fixed-wing aircraft operations for the 

purpose of collecting aerial imagery. 
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Lastly using the D’Avion LLC fleet of UAS to provide aerial imagery as delineated in paragraph 

one above would result in not only growth in both agricultural, economic areas, but also in the other 

businesses and areas listed in paragraph one above. High-resolution data generated from UAS

flights would provide (as an example) scientists, businesses, state, county, and city governments a 

wealth of invaluable information on biomass estimation, yield monitoring, leaf area indexing, and 

overall crop health as well as provide a valuable service for those the other businesses listed. By 

analyzing this data scientists/farmers can make modifications to a wide range of variables that will 

maximize crop yields as well as make informed decisions based on imagery provided. The major 

increase in economic growth in the agricultural industry and business type entities mentioned in 

paragraph one above would energize the U.S. economy, which in turn would be of great benefit to 

the public. 

The D’Avion LLC UAS fleet that we are requesting exemptions for are named below and 

specifications are on Appendix G.

§ DJI Phantom 3 Pro 

§ CHROMA W/4K C-GO3, ST-10

§ 3DR Solo Plus Quadcopter

§ Q500 Typhoon Quadcopter

The following appendices are submitted as LOA, manuals/lists, programs, disclaimers, updates 

concerning the D’Avion LLC fleet and are attached as Appendix A, B, C, D, E, F, G, H, I, J, K, and 

L as delineated below. These manuals are submitted as confidential documents pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information 

that D’Avion LLC has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All operations of the 

additional UAS will be in full compliance with the terms of the Exemption. 

The D’Avion LLC UAS Aircraft Flight Manuals and UAS Operations Manuals are attached as 

Appendix D. These manuals are submitted as confidential documents pursuant to 14 C.F.R. § 

11.35(b), as the materials contain confidential commercial and/or proprietary information that 

D’Avion LLC has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All operations of the 

additional UAS will be in full compliance with the terms of the Exemption. 

In accordance with the procedural requirements of 14 C.F.R. §11.81, D’Avion LLC provides 

the following information regarding our point of contact: 

Carl R. Davis, Member, D’Avion LLC

200 Jet Port Road

Brandon, MS 39047

601-936-0777
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Please contact me directly with any questions regarding this request for exemption. 

Best regards,

Carl R. Davis

Member, D’Avion LLC
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ACRONYMS/ABBREVIATIONS FOR D’AVION LLC

AC Air Craft

AGL Above Ground Level

AOI Area Of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFI Chief Flight Instructor

CFR Code of Federal Regulations

COA Certificate of Authorization 

DME Distance Measuring Equipment

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FC Flight Controllers

FMRA Modernization and Reform Act of 2012 

GCS Ground Control Station

GLONASS Global Navigation Satellite System

GPS Global Positioning System

LIDAR Light Detection and Ranging 

LLC Limited Liability Company

LBS Pounds

LOL Loss Of Link

MPH Miles Per Hour

NAS National Airspace System

NM Nautical Mile

NOTAM Notice To Airmen

PAC Pilot at Controls

PIC Pilot in Command

RTL Return to Landing

SO Safety Observer

SOP Standard Operating Procedures

SPECS Specifications

TRL Technology Readiness Level

UA Unmanned Aircraft

UAS Unmanned Aircraft System 

UAV Unmanned Aerial Vehicle

VLOS Visual Line of Sight

VFR Visual flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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APPENDICES

D’Avion LLC Safety Manual Appendix A pg 11

D’Avion LLC UAS User Manual Appendix B pg 17

D’Avion LLC Standing Operation, Maintenance Procedures and 

Guidelines Appendix C pg 21

D’Avion LLC Flight/Operations and Training Manual Appendix D pg 32

D’Avion LLC Model Updates Appendix E pg 44

D’Avion LLC Aircraft Flight Manual Appendix F pg 45

D’Avion LLC UAS Fleet and Description List Appendix G pg 59

D’Avion LLC UAS Manufacturer Disclaimers Appendix H pg 62

D’Avion LLC UAS DJI Phantom 3 Pro Quick Start Manual Appendix I pg 68

D’Avion LLC UAS CHROMA Quadcopter Quick Start Manual Appendix J pg 69

D’Avion LLC UAS 3DR SOLO Quick Start Manual Appendix K pg 70

D’Avion LLC UAS Q500 Typhoon Quick Start Manual Appendix L pg 71