September 9, 2015

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

To Whom It May Concern:

We are filing this petition pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 

and 14 C.F.R. Part 11, Dallas Drone Company, LLC, a Texas based limited liability company, operating a 

Small Unmanned Aircraft System(sUAS) equipped to conduct aerial photography. Dallas Drone Company

hereby applies for an exemption from the Federal Aviation Regulations listed below to allow operation 

of our sUAS commercially in airspace regulated by the Federal Aviation Administration, so long as such 

operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

The requested exemption would permit Dallas Drone Company to pursue its commercial interests in 

providing services to consumers interested in aerial photography captured using a small advanced sUAS 

in the following areas:

-Real Estate Photography

-Residential Aerial Photography

-Commercial Aerial Photography

-Land Surveying and Mapping

Dallas Drone Company states that all sUAS flights that will occur over private or controlled access 

property will do so with the property owner’s prior consent and knowledge and that only people who 

have consented or otherwise have agreed to be in the area where photography and videography will 

take place will be captured in an identifiable form.

Regulations from which the exemption is requested:

- 14 CFR Part 21 Subpart H

- 14 CFR 45.23(b)

- 14 CFR 45.29

- 14 CFR 61.113(a)(b)

- 14 CFR 61.133

- 14 CFR 91.7(a)

- 14 CFR 91.9(b)(2)
- 14 CFR 91.109

- 14 CFR 91.119

- 14 CFR 91.121

- 14 CFR 91.151(a)

- 14 CFR 91.203(a)(b)

- 14 CFR 91.401-91.417

Small Unmanned Aircraft System (sUAS)

sUAS are a feasible method to obtain aerial photography and videography functions more safely and 

effectively than other methods. These methods would eliminate the need to use helicopters and other 

full-scale aircrafts that would be operating above the Class A airspace for the application that Dallas 

Drone Company would be needing.

We are petitioning for exemption to enable Dallas Drone Company to operate a DJI Phantom 2 and 

Phantom 3 multi-rotor equipped with a three-axis gimbaled camera. These sUAS both weigh less than 55 

lbs, both have a built-in capability to limit the height flown above the ground and to limit the radius of 

the distance flown from the operator and to exclude the sUAS from Class B, C, and D airspace including a 

no fly zone feature. Each system also has the failsafe function of the autopilot system, which means that 

when the communication between the Main Controller and the transmitter is lost, the system will 

automatically trigger Return to Home and will land safely at the original home point that was 

established at the launch point.

Each Dallas Drone Company sUAS utilizes four counter-rotating propellers for balance, control and 

stability in all segments of flight. Each craft weighs less than 55 pounds. Each sUAS is designed to 

primarily hover in place and operate less than a 50 knot maximum speed. They are capable of vertical 

and horizontal operations but operate only within the line of sight of the remote control pilot.

We respectfully request exemption under Section 333 to enable Dallas Drone Company to operate safe, 

low-risk commercial sUAS operations for the activities stated. Dallas Drone Company, at all times, will 

respect the space and privacy of citizens and property while keeping our skies safe.

Sincerely,

James B. Davis

James B. Davis

Director of Operations

Dallas Drone Company, LLC

1700 Cedar Springs Suite 1908

Dallas, Texas 75202

214-417-2123
Exemption Requests and Equivalent level of safety 

Dallas Drone Company requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAS system.

14 CFR Part 21, Airworthiness certificates

Section 91.203(a)(1) 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)(1). Given the size of the aircraft and the limited 

area associated with its utilization it is unnecessary to go through the certificate of airworthiness 

process under Part 21 Subpart H to achieve or exceed current safety standards. 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. In this 

case, an analysis of these criteria demonstrates that Dallas Drone Company’s sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe as or safer than a 

conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The sUAS will remain 

less than 55 pounds, they will not carry passengers, pilots, cargo, flammable fuel, and will operate 

exclusively in an area pre-disclosed and in compliance with conditions set forth herein. Operations 

under this exemption will be tightly controlled and monitored by both the operator, pursuant to the 

conditions set forth above, and by local public safety requirements. The FAA will have advance notice of 

all operations through the filings with the FSDO. Receipt of the prior permission of the land owner, or 

controlling authority, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is 

carried to the location and not flown there all establish the equivalent level of safety. The sUAS 

construction with absorbent materials provides at least an equivalent level of safety to that of such 

operations being conducted with conventional aircraft that would be orders of magnitude larger and 

would be carrying passengers, cargo and flammable fuel.

14 CFR 45.23 Display of marks; general and 45.29 Size of Marks

The regulations require that each aircraft must display “N” and the aircrafts 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. The sUAS does not have an 

entrance in which the word “EXPERIMENTAL” can be placed, and may not have a registration number 

assigned to it by the FA. We propose to achieve an equivalent level of safety by marking the top of the

UAS with the word “Experimental” so that those in close proximity to the aircraft while it is preparing to 

launch will be able to see said designation. Additionally at the controlling ground location we shall 

display with flag or banner that contains the words “Unmanned Aircraft Control Station” in letters 3 

inches high or greater. Since the aircraft will be operating within visible distance at all times, the banner 

should be visible to anyone whom might see the aircraft and want to investigate its point of origin.
14 CFR 61.113 Private pilot privileges and limitations: Pilot In Command and 61.133 Commercial pilot 

privileges and limitations.

The regulation provides 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: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property 

for compensation or hire. Since our sUAS can not carry passengers, cargo, or even a pilot, we feel we 

meet the intent of 61.113 subparagraph (b) even though the intent of our application is to conduct 

business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

No such certificate will be applicable in the form contemplated by the FARs, this regulation is 

inapplicable.

14 CFR 91.9 Civil Aircraft flight manual, marking, and placard requirements.

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

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement on the basis that the aircraft is both too small to carry documentation and if it were able to 

carry the documentation it would not be available to the crew during flight operations as the flight 

operators/crew will be located at the ground control location. To obtain an equivalent level of safety 

and meet the intent of 91.9 we proposed that a current approved sUAS Flight Manual must be available 

to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91. 109 Flight Instruction; Simulated instrument flight and certain flight tests.

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

unless that aircraft has fully functioning dual controls.” The sUAS system ground-based control station 

consists of a small hand held radio transmitter and while it does not offer a second set of “controls”, 

both the student and instructor can, and will, operate the single set of controls simultaneously. With 

both student and instructor having “hands-on” the controls during flight, we feel that this technique 

meets the intent 91. 109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum Safe Altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle or structure. Since the typical mission of the sUAS would be 

photography or surveys of persons, vessels, vehicles, and structures it would be necessary to operate 

closer than 500 feet of the aforementioned items. Operations will only be flown over property or 

persons where permission has been obtained and careful pre planning has been performed. The aircraft 

will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the ground below. Therefore we maintain that due to the small size of 

the UAS, the hazards to persons, vehicles, and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption.
14 CFR 91.121 Altimeter settings.

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

available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need 

to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level 

altimeter measurement above the takeoff point transmitted via radio from the sUAS on-board computer 

to the display screen held by the PIC, providing a constantly updated AGL readout ensuring an 

equivalent level of readings and therefor an equivalent level of safety.

14 CFR 91.151 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. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for 

delays to landing. The sUAS are battery operated and the maximum duration of the flight from a single 

battery charge is 12 – 27 minutes (depending on the type of sUAS) with a 20% reserve. Since the aircraft 

will never fly more than1/2 NM from the point of intended landing, a full battery charge at launch will 

ensure that we meet the reserve energy requirements of this paragraph. We request an exemption to 

the word “fuel” and ask for an equivalent interpretation with the term “energy”. We also request an 

exemption from the 30 minute reserve and ask that our reserve will be to fly the mission to the point of 

intended landing and have at least a 20% reserve after that.

14 CFR 91.203(a) & (b) civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.” Even with our largest vehicle, at a maximum gross weight of 5 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, nor is it capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose 

that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the 

ground control station and available for inspection found on airworthiness and registration certificates 

be permanently affixed to the aircraft via placard containing the following information plus the word 

“experimental” to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417) – Maintenance, Preventative Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be “approved for return to service by a person authorized under 43.7” after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the 

aircraft and “be authorized to approve the aircraft to return to service.” The PIC will ensure that the 

aircraft is an airworthy condition prior to every flight and in addition, conduct detailed inspections after 

every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, 

replacing a propeller, checking electrical connections, and updating the software and the firmware for 
the on board computer. All other maintenance will be performed by the manufacturer or their 

designated repair facility. The PIC will document work performed in accordance with 91.417. We feel 

that due to the size, construction, and simplicity of the aircraft the PIC can ensure an equivalent level of 

safety.