US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation 

February 7, 2016

Ed Vergin

1287 N Nebraska St

Chandler, AZ 85225

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 

91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 CFR Part 11, Ed Vergin, operator of Unmanned Aircraft Systems (UAS), hereby applies 

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of designated UAS, provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333. 

Thank you in advance for your consideration. 

Ed Vergin
The Unmanned Aircraft (UA) described herein is smaller, lighter and more maneuverable than 

conventional aircraft running on combustible fuel, operates at lower altitudes with no people on 

board and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death 

or serious bodily injury. With a small payload and maximum flight time of only 20 minutes, this 

offers little or no risk to national security. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering, scientific observation, and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue operations 

in cases of an emergency or natural disaster only when the local authorities or government has 

requested it by contract or donation. 

6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the NAS. 

As described fully below, the requested exemption would permit the operation of designated UAS as 

set forth in this document under controlled conditions in the NAS that would be a) limited b) 

controlled c) predetermined and d) safe. Approval of this exemption would increase public 

awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation’s 

(the FAA Administrator’s) responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.” 

The name and address of the applicant is: 

Ed Vergin

Phone: (480) 620-3309

Email: evergin@live.com 

Address: 1287 N Nebraska St, Chandler, AZ 85225
Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

 
Ed Vergin, will operate one or more of the following model UAS: 

 DJI T600 Inspire One

 DJI Phantom 3

The DJI T600 Inspire One manufactured by DJI innovations, is lightweight 4 electric motor/rotor, 

battery operated quadcopter with a 6.5lb gross weight that takes off and lands vertically. The Inspire 

one has a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. Its avionics suite contains an on-board flight computer with GPS navigation 

and an Inertial Measurement Unit (IMU) based attitude stability system. Also included is a barometric 

altimeter sensor, compass unit ultrasonic altimeter and vision positioning camera. An on-board 

processor receives signals for flight and payload control from a ground-based 

transmitter/controller/ground station device. An on-board telemetry system delivers flight data from the 

flight computer to the downlink radio transmitter to provide the Pilot in Command (PIC) with 

information such as altitude AGL, horizontal and vertical speed, compass direction of flight, bearing 

and distance to the controlling station, current waypoint, battery status, current flight mode, GPS health 

status, datalink status, and GPS position. This data is displayed to the PIC via the Ground Control 

Station (GCS) application running on one or more computer devices such as a smart phone, tablet or 

PC. 

The DJI Phantom 3 manufactured by DJI innovations, is lightweight 4 electric motor/rotor, battery 

operated quadcopter with a 3.7 lb gross weight that takes off and lands vertically. The Inspire one has a 

length of 16.2 inches, width of 16.2 inches, height of 8 inches, and a maximum speed of approximately 

34 knots. Its avionics suite contains an on-board flight computer with GPS navigation and an Inertial 

Measurement Unit (IMU) based attitude stability system. Also included is a barometric altimeter

sensor, compass unit ultrasonic altimeter and vision positioning camera. An on-board processor 

receives signals for flight and payload control from a ground-based transmitter/controller/ground 

station device. An on-board telemetry system delivers flight data from the flight computer to the 

downlink radio transmitter to provide the Pilot in Command (PIC) with information such as altitude 

AGL, horizontal and vertical speed, compass direction of flight, bearing and distance to the controlling 

station, current waypoint, battery status, current flight mode, GPS health status, datalink status, and 

GPS position. This data is displayed to the PIC via the Ground Control Station (GCS) application 

running on one or more computer devices such as a smart phone, tablet or PC.

THE GROUND CONTROL STATION/CONTROLLER: 

The DJI UAS products CCAS intends to operate under this exemption use a series of components to 

comprise the Ground Control Station (GCS). The first and primary component of the ground segment 

is a handheld pilot controller and an optional handheld payload controller. The pilot controller provides 

a user interface for flight attitude and altitude commands augmented by the UA’s onboard IMU and 

GPS aided stabilization system. The controller also has options for manipulating the flight mode, 

payload gimbal, camera functions, and landing gear if equipped. The Datalink segment is comprised of 

an uplink transmitter command/control link using a frequency range of 2.4GHz to 2.48GHz frequency 

range with a power output of approximately 125mW. The uplink sends flight and payload commands 

to the UA’s autopilot which then processes the commands along with sensor inputs to manipulate the 

motor speed controllers and provide the desired response. The downlink transmitter on the UA 

operates on a 5.728GHz to 5.85GHz and an output power of approximately 25mW. The downlink 

transmitter provides live video from the on-board camera plus all the UA flight data described above. 

Downlink data and video is received by the pilot controller and optional payload controller which is 

then displayed to the PIC and optional PO via an application on a handheld device such as a smart 

phone, tablet or PC. The GCS application also provides a heads up display of pertinent flight data and 

UA status reports along with a moving map display. Both the uplink and downlink transmitters have 

been tested and comply with part 15 of the FCC rules for a class B digital device. 
Given the small size of the UAS in scope and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited to 

reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly, the applicant graciously requests that the FAA grant the requested exemption. 

OPERATIONAL PARAMETERS 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) 

include: 

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and 

camera. 

2. The UAS, depending on the model in operation, will have a maximum operating speed of no more 

than 50mph. 

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 

30 minutes of flight time whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO). 

7. The UAS pilot will be a designated Pilot in Command (PIC). The PIC will have logged a 

minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day’s flights consisting of all the days’ 

production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

11. The flights will occur in Class G airspace no closer than a 5mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 
13. The operator will file FAA Form 77111, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours 

but no less than 48 hours from planned operation. 

14. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as U.S. Department of Transportation required under the FOM. With the advanced 

permission of the FSDO, operations at closer range may be approved. 

15. The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

16. The PIC and VO will be able to communicate by voice and/or radio at all times. 

17. Written and/or verbal permission and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies as 

appropriate to flight operations. 

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a predetermined location within a designated location and land 

autonomously. 

19. The UAS will have the capability to abort a flight in case of emergencies with an automated 

“Return Home and Land” function. 

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies such as low battery. 

DOCUMENTATION 

The following documents are attached and provided to support this petition. 

 Preflight checklist

 
PREFLIGHT CHECKLIST 

PRE-FLIGHT CHECKLIST 

DJI Phantom 3 and DJI INSPIRE 1 

DEPARTURE 

Batteries fully charged 

Tablet 

Cables 

Safety Vest 

Micro SD Card - Clear 

Laptop 

PRE-FLIGHT 

Notify owner and residents 

Check weather, wind < 15mph 

Put on safety vest, signage 

Power ON Hot Spot 

Power ON tablet, connect to Tx 

Power ON Transmitter 

Set antennae 

Power ON Drone 

Exit Travel Mode 

Power OFF Drone 

Insert micro SD card in camera 

Install correct camera lens filter 

Install Camera 

Install propellers, prop locks 

Power ON Drone 

Check flight status on tablet 

Check battery status on tablet 

Clear map 

Set camera mode - 4k or 1080, MP4 

Perform calibration 

Place drone in clear take off area 

TAKE-OFF: Hover, test controls 

POST-FLIGHT 

LAND 

Remove propellers, prop locks 

Remove Camera 

Remove micro SD card 

Enter Travel Mode 

Power OFF Drone 

Power OFF Transmitter 

Reset antennae 

Power OFF tablet 

Power OFF HotSpot 

Remove safety vest, signage 
SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONERS SEEK AN 

EXEMPTION

A. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command. 

These regulations limit private pilots to non-commercial operations. Because the UAS will not carry 

a pilot or passengers and be operated within limited areas and altitudes, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft 

to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. 

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

While the UAS will not have an airworthiness certificate in accordance with 14 C.F.R. part 21, 

Subpart H, the airworthy condition of the UAS will be the responsibility of the PIC in accordance 

with 14 C.F.R. § 91.7(b). 

C. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas 

This regulation establishes safe altitudes for operation of civil aircraft over areas other than 

congested areas. PDP requests relief from this section with respect to persons involved in the 

operation as well as vehicles and structures. The UAS will not be operated above 400 feet altitude. It 

will be operated in a defined area where people and buildings will not be exposed to operations 

without their pre-obtained consent. 

D. 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 UAS does not have a barometric altimeter, an exemption 

is requested. The UAS Flight Controller utilizes GPS equipment aided by a static pressure sensor to 

determine and maintain altitude. The aircraft altitude above the takeoff point is provided in the video 

downlink telemetry information and provides sufficient information for the PIC to maintain altitudes 

at or below the 400 foot (122 meter) limitations. April 6, 2015 Page 6 

E. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions 

Section 91.151(a) 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 cursing 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.” 

Given that the UAS aircraft only fly for a maximum of 25 minutes and typically carry about 15 

minutes of batter power, an exemption is requested. The UAS operations are always conducted 

within a few minutes of the takeoff and landing point and within a restricted area. BEAP believes 

that terminating the flight with 25% remaining battery power provides an equivalent amount of 

safety that is intended by section 191.151(a). 

F. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1) Operation after 

maintenance, preventative maintenance, rebuilding or alteration; 14 C.F.R. §§ 91.409(a)(1) and (2) 

Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records 
These regulations require 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...,” 

and others shall inspect or maintain the aircraft in compliance with part 43. 

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

sections will not apply to the Petitioner. Maintenance will be accomplished by the operator pursuant 

to the Owner’s Manuals. An equivalent level of safety will be achieved because these small UAS 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 UAS 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 

initial 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. The FAA issued exemption to these 

regulations in Exemption No. 11062. 

Additional Information. 

The applicant, Ed Vergin, believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient 

justification for the granting of commercial operations of the applicant’s UAS. 

The applicant, Ed Vergin, requests your respective approval of this Section 333 exemption petition 

request. 

Thank you for your interest and attention in this matter. Please notify Ed Vergin of your actions, and 

or approvals. Thank You for your interest in this request. Sincerely, 

Ed Vergin

1287 N Nebraska St

Chandler, AZ 85225

(480) 620-3309