U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	W12-140

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

January	29,	2016

Dear	Sir	or	Madam,

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

14	CFR	Part	11,	Evolving	Systems,	Inc. hereby	applies	for	an	exemption	from	the	listed	

Federal	Aviation	Regulations	(FAR)	to	allow	commercial	operations	of	Unmanned	

Aerial	Systems	(UAS)	weighing	less	than	55	pound	for	aerial	data	collection.	Aerial data	

collection	as	defined	in previous	FAA	Section	333	approved	exemptions	is:

"Aerial	data	collection	includes	any	remote	sensing	and	measuring	by	an	instrument(s)	

aboard	the	UA.	Examples	include	imagery	(photography,	video,	infrared,	etc.),	

electronic	measurement	(precision	surveying,	RF	analysis,	etc.),	chemical	measurement	

(particulate	measurement,	etc.),	or	any	other	gathering	of	data	by	instruments	aboard	

the	UA.”

Evolving	Systems,	Inc.	seeks specific	exemptions to	commercially	operate	the	following	

aircraft:

• DJI	Phantom	3

• DJI	Inspire	1

• DJI	Spreading	Wings	S1000+

• DJI	Spreading	Wings	S900

The	operations	will	be	for:

• Aerial	Data	Collection

• Closed-set	Motion	Picture	and	Television	Filming	and	Production

Name and Address	of	Applicant:

Charles	Paliocha

Evolving	Systems,	Inc.

16	Rose	Street

Putnam	Valley,	NY		10579

845-528-8748	x301

chip@evolve.net
Specific	sections	of	14	CFR	from	which	we	seek exemption:

14	CFR	Part	21

14	CFR	45.23(b)

14	CFR	91.7(a)

14	CFR	91.9(b)(2)

14	CFR	91.103

14	CFR	91.119(c)

14	CFR	91.121

14	CFR	91.151(a)(1)

14	CFR	91.203(a)	&	(b)

14	CFR	91.405(a)

14	CFR	91.407(a)(1)

14	CFR	91.409(a)(1)	&	(2)

14	CFR	91.417(a)	&	(b)

Reasons	for	Seeking	Exemption	and	Extent	of	Relief:

Assurance of	equivalent	safety	standards,	which	will	be	revisited	later	in	this	document,	

may	also	be included	for	specific	exemptions	requested	below.

14	CFR	Part	21,	Subpart	H: Airworthiness	Certificates

Subpart	H,	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	Evolving	Systems,	Inc.,	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	USC	§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

operating	with	an	airworthiness	certificate	without	the	restrictions	and	conditions	

proposed.

14	CFR	45.23(b): Marking	of	the	Aircraft

This	regulation	requires	that	certain	experimental,	provisionally	certified	aircraft,	or	

light- sport	category	aircraft	to	be	marked	with	letters	between	2	inches	and	6	inches	

high	“limited”,	“restricted,”	“light-sport,”	“experimental,”	or	“provisional,”	near	each	

entrance	to	a	cabin,	cockpit or	pilot	station.	Even	though	the	UAS	will	have	no	

airworthiness	certificate,	an	exemption	may be	needed	as	the	UAS	will	have	no	

entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	the word	“Experimental”	can	be	

placed.	Given	the	size	of	the	UAS,	2	inch	lettering	may	be impossible.	Evolving	Systems,	

Inc.	will	mark	the UAS	with	lettering	as	large	as	practicable.
14	CFR	91.7(a): Civil	Aircraft	Airworthiness

The	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	

airworthy	condition.	As	there	will	be	no	airworthiness	certificate	issued	for	the	aircraft	

Evolving	Systems,	Inc. proposes	to	operate,	should	this	exemption	be	granted,	no	FAA	

regulatory	standard	will exist	for	determining	airworthiness.	Given	the	size	of	the	

aircraft	and	the	operational	restrictions	put	on	the	aircraft,	an	equivalent	level	of	safety	

will	be	conducted	before	and	after	each	flight.

14	CFR	91.9(b)(2): Aircraft	Flight	Manual

The	UAS,	given	its	size	and	configuration	has	no	ability	or	place	to	carry	such	a	flight	

manual	on	the	aircraft,	not	only	because	there	is	no	pilot	on	board,	but	because	there	is	

no	room	or	capacity	to	carry	such	an	item	on	the	aircraft.	The	equivalent	level	of	safety	

will	be	maintained	by	keeping	the	Operating	Manuals	at	the	ground	control	point	where	

the	pilot	flying	the	UAS	will have	immediate	access	to	it.

14	CFR	91.103: Preflight	Action

This	regulation	requires	each	pilot	in	command	take	certain	actions	before	flight	to	

ensure	the	safety	of	flight.	An	exemption	is	needed	from	certain	specific	requirements.

Evolving	Systems,	Inc. will	conduct	all	applicable preflight	actions,	including	checking	

weather	conditions,	checking battery	charging	levels,	validating	GPS	connectivity,	

checking	that	maintenance	requirements	have	been	complied	with,	and	all other	

actions	in	the	DJI	Operating	Manual	and	safety	checklists	of	the	DJI	Operating	Manuals.

These	actions	will	provide	an	equivalent	level	of	safety.

14	CFR	91.119(c): Minimum	Safe	Altitudes

Section	91.119	establishes	safe	altitudes	for	operation of	civil	aircraft.	The	UAS	will	

never	operate	at	altitude	higher	than	400	AGL	and	all	operations	will	occur	during	

daylight	hours	under	Visual	Meteorological	Conditions	(VMC)	only. The	equivalent level	

of	safety	will	be	achieved	given	the	size,	weight	and speed	of	the	UAS	as well	as	the	

location	where	it	is	operated. Flight	operations	will	be	conducted	at	least	300	feet	from	

all	non-participating	persons	(persons other	than	the	pilot	in	command	(PIC)	or	visual	

observer	(VO)),	vessels,	vehicles	and	structures, unless	the	owner	or	his/her	

representative	gives	permission	to	operate	closer	than	300	feet	and

the	PIC	has	made	a	safety	assessment	that	the	operation	would	not	present	an	undue	

hazard. The	UAS	will	remain	within	visual	line	of	sight	of	the	PIC	or	VO. Flight	

operations	will	be conducted	as	outlined	in	operational	description	#15	below and	at	

least	5	miles	from	an	airport with	an	operating	control	tower	unless	prior	approval	has	

been	obtained	from	the	airport operator	or	control	tower	to	operate	inside	of	the	5	

miles	radius. Compared	to	flight	operations	with	aircraft	or	rotorcraft	weighing	far	

more	than	the	UAS proposed	herein,	any	risk	associated	with	our	operations	is	far	less	

than	those	presently presented	with	helicopters	and	other	conventional	aircraft	

operating	at	or	below	500	feet	AGL.	In addition,	the	low	altitude	operations	of	the	UAS	

will	ensure	separation	between	these	UAS operations	and	the	operations	of	

conventional	aircraft	that	must	comply	with	Section	91.119.
14	CFR	91.121: Altimeter	Settings

This	regulation	requires	each	person	operating	the	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	may	not	have	a	

barometric	altimeter, but	instead	a	GPS	altitude	read	out,	an	exemption	may	be	needed.	

An	equivalent	level	of	safety	will	be	achieved	by	the	PIC	confirming	the	altitude	of	the	

launch	site	shown	on	the	GPS	altitude indicator	before	flight.

14	CFR	91.151(a): Fuel	Requirements	for	Flight	in	VFR	Conditions	

Section	91.151(a)	outlines	fuel	requirements	for	beginning	a	flight	in	VFR	conditions.	

Relief	from Section	91.151(a)(1)	is	requested	to	the	extent	required	to	allow	flights	of	

the	UAS	during daylight	hours	in	visual	flight	rules	(VFR)	conditions	to	continue	until	

five	minutes	or	any	greater power	requirements	recommended	by	the	manufacturer	

are	reached.	Evolving	Systems,	Inc. seeks	the	requested	relief	because	without	an	

exemption	from	Section	91.151(a)(1),	the	flight time	duration	of	the	selected	aircraft	

will	be	reduced	and	severely	constrain	the	practicality	of any	aerial	acquisition	of	data	

that	Evolving	Systems,	Inc.	proposes	to	conduct	pursuant	to	this	Petition.	The	technical	

specifications	of	the	proposed	UAS,	their	Operations	Manuals,	and	Evolving	Systems,	

Inc.’s	proposed	operating	limitations,	ensure	that	no	flight will	begin	unless	

(considering	wind	and	weather	conditions)	there	is	enough available	power	for	the	UAS	

to	conduct	the intended	operation	and	to	operate	for	at	least	five	minutes	or	with	any	

greater	reserve	power requirements	recommended	by	the	manufacturer.

14	CFR	91.203(a)	&	(b): Carrying	Civil	Aircraft	Certification	and	Registration

The	UAS	has	no	cabin,	cockpit	or	pilot	station	and	is	operated	without	an	onboard	pilot.

Therefore,	there	is	no	ability	or	place	to	carry	certification	and	registration	documents	

or	to	display	them	on	the	UAS.	An	equivalent	level	of	safety	will	be	achieved	by	keeping	

these documents	at	the ground	control	point	where	the pilot	flying	the	UAS	will	have	

immediate access	to	them,	to	the	extent	they	are	applicable	to	the	UAS.

14	CFR	91.405(a);	407(a)(1);	409(a)(2);	417(a)	&	(b): Maintenance	Inspections

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	these	sections	and	Part	43	apply	only	

to	aircraft	with	an	airworthiness	certificate, these	sections	will	not	apply	to	Evolving	

Systems,	Inc.	Maintenance	will	be accomplished	pursuant	to	the	User	Guide,	Operating	

Manual,	and	Maintenance	Manual.	An	equivalent	level	of safety	will	be	achieved	because	

these	UASs	are	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	PIC	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	PIC	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.
Operational	Safety	Requirements	and	Limitations	of	Use

As	the	operator	of	these	aircraft,	Evolving	Systems,	Inc.	is	committed	to	the	following	

conditions	and	limitations	on	its	operations.	Evolving	Systems,	Inc.	understands	that	

failure	to	comply	will	be	grounds	for	the	immediate	suspension	or	revocation of	any

exemption	granted.

1.	Operations	authorized	by	a	grant	of	exemption	are	limited	to	the	DJI	Phantom	3,

DJI	Inspire	1,	DJI	Spreading	Wings	S1000+	and	DJI	Spreading	Wings	S900 when	

weighing	less	than	55	pounds	including	payload.	Proposed	operation	of	any other	

aircraft	will	require	a	new	petition	or	a petition	to	amend	any	exemption.

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

In	no case	will	the	aircraft	be	operated	at	airspeeds	greater	than	the	maximum	aircraft

operating airspeed	recommended	by	the	aircraft	manufacturer.	All	operations	will	be	

conducted	in accordance	with	the	DJI	operating manuals.

3.	The	aircraft	will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	

level (AGL).

4.	The	aircraft	will	be	operated	within	visual	line	of	sight	(VLOS)	of	the	Pilot	in	

Command	(PIC) at	all	times.	This	requires	the	PIC	to	be	able	to	use	human	vision	

unaided	by	any	device	other than	corrective	lenses,	as	specified	on	the	PIC’s	FAA	

airman	certificate or	U.S.	driver’s	license.

5.	All	operations	will	utilize	a	visual	observer	(VO).	The	aircraft	will	be	operated	within	

the	visual line	of	sight	(VLOS)	of	the	PIC	and	VO	at	all	times.

6.	All	operating	documents	needed	to	operate	the	UAS	and	will	be	accessible during	

UAS operations	and	made	available	to	the	Administrator	upon	request.	The	operator	

will	also	present updated	and	revised	documents	if	it	petitions	for	extension	or	

amendment.

7.	Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	operation	

or flight	characteristics,	e.g.	replacement	of	a	flight	critical	component,	will	undergo	a	

functional test	flight	prior	to	conducting	further	operations.

8.	Evolving	Systems,	Inc. is	responsible	for	maintaining	and	inspecting	the	UAS	to	

ensure	that it	is	in	a	condition	for	safe	operation.

9.	Prior	to	each	flight,	the	PIC	will	conduct	a	pre-flight	inspection	and	determine	the	

UAS	is	in	a condition	for	safe	flight.
10. Evolving	Systems,	Inc. will	follow	the	UAS	manufacturer’s	maintenance,	overhaul,

replacement,	inspection,	and	life	limit	requirements	for	the	aircraft	and	aircraft	

components.

11.	Each	UAS	operated	under	this	exemption	will	comply	with	all	manufacturer	safety	

bulletins.

12.	The	PIC	must	hold	either	an	airline	transport,	commercial,	private,	recreational,	or	

sport	pilot certificate.	The	PIC	must	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.

13.	Evolving	Systems,	Inc. will	not	permit	any	PIC	to	operate	unless	the	PIC	

demonstrates	the ability	to	safely	operate	the	UAS	in	a	manner	consistent	with	how	the	

UAS	will	be	operated	to acquire	aerial	data,	including	evasive	and	emergency	

maneuvers	and	maintaining	appropriate distances	from	persons,	vessels,	vehicles	and	

structures.	PIC	qualification	flight	hours	and currency	will	be	logged	in	a	manner	

consistent	with	14	CFR	§	61.51(b).

14.	UAS	operations	will	not	be	conducted	during	night,	as	defined	in	14	CFR	§	1.1.	All

operations	will	be	conducted	under	visual	meteorological	conditions	(VMC).

15.	The	aircraft	will	not	operate	within	5	nautical	miles	of	an	airport	having	an	

operational	control tower;	or	3	nautical	miles	from	an	airport	with	a	published	

instrument	flight	procedure,	but	not	an operational	tower;	or	2	nautical	miles	from	an	

airport	without	a	published	instrument	flight procedure	or	an	operational	tower;	or	2	

nautical	miles	from	a	heliport	with	a	published instrument	flight	procedure,	unless	a	

letter	of	agreement	with	that	airport’s	management	is obtained	or	otherwise	permitted	

by	the control	tower	or	a	COA.

16.	The	aircraft	will	not	be	operated	less	than	500	feet	below	or	less	than	2,000	feet	

horizontally from	a	cloud	or	when	visibility	is	less	than	3	statute	miles	from	the	PIC.

17.	If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UA	must	return	to	a	

predetermined	location	within	the	private	or	controlled-access	property.

18.	The	PIC	will	abort	the	flight	in	the	event	of	unpredicted	obstacles	or	emergencies.

19.	The	PIC	will	be	prohibited	from	beginning	a	flight	unless	(considering	wind	and	

forecast weather	conditions)	there	is	enough	available	power	for	the	aircraft	to	conduct	

the	intended operation	and	to	operate	after	that	for	at	least	five	minutes	or	with	the	

reserve	power recommended	by	the	manufacturer	if	greater.
20.	All	operations	shall	be	conducted	in	accordance	with	an	issued	COA.	If	the	COA	does	

not cover	the	intended	operation	Evolving	Systems,	Inc. must	apply	for	a	new	or	

amended	COA	to authorize	the	proposed	operation.

21.	All	aircraft	operated	will	be	identified	by	serial	number,	registered	in	accordance	

with	14	CFR part	47,	and	have identification	(N−Number)	markings	in	accordance	with	

14	CFR	part	45, Subpart	C.	Markings	will	be	as	large	as	practicable.

22.	Documents	used	by	Evolving	Systems,	Inc. to	ensure	the	safe	operation	and	flight	of	

the UAS	and	any	documents	required	under	14 CFR	§§	91.9	and	91.203	will	be	available	

to	the	PIC at	the	Ground	Control	Station	of	the	UAS	any	time	the	aircraft	is	operating.

23.	The	aircraft	will	remain	clear	and	give	way	to	all	manned	aviation	operations	and	

activities	at all	times.

24.	The	UAS	may	not	be	operated	by	the	PIC	from	any	moving	device	or	vehicle.

25.	All	flight	operations	will	be	conducted	at	least	300	feet	from	all	nonparticipating	

persons, vessels,	vehicles,	and	structures	unless:

a.	Barriers	or	structures	are	present	that	sufficiently	protect	nonparticipating	persons	

from	the aircraft	or	debris	in	the	event	of	an	accident;	or

b.	The	owner/controller/operator	of	any	vessels,	vehicles	or	structures	has	granted	

permission for	operating	closer	to	those	objects	and	the	PIC	has	made	an assessment	of	

the	risk	of operating	closer	to	those	objects	and	determined	that	it	does	not	present	an	

undue	hazard. The	PIC,	VO,	or	essential	persons	will	not	be	considered	nonparticipating

persons	under	this	exemption.

26.	All	operations	conducted	over	private	or	controlled-access	property	will	be	

conducted	with the	permission	from	the	property	owner/controller	or	authorized	

representative.	Permission	from property	owner/controller	or	authorized	

representative	will	be	obtained	for	each flight	to	be conducted.

27.	Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	vertical	

boundaries of	the	operational	area	as	defined	by	the	applicable	COA	will	be	reported	to	

the	FAA's	UAS Integration	Office	(AFS−80)	within	24	hours.	Accidents	must	be	reported	

to	the	National Transportation	Safety	Board	(NTSB)	per	instructions	contained	on	the	

NTSB	Web	site: www.ntsb.gov.
The following	additional	conditions	and	limitations	apply to	operations	for	the	purpose	

of	Closed-set	Motion	Picture	and Television	Filming	and	Production:

28.	The	operator	must	have	a	Motion	Picture	and Television	Filming	and	Production

(MPTOM) which	will	be	compliant	with	any grant	of	exemption.

29.	At	least	3	days	before	aerial	filming,	the	operator	of	the	UAS	affected	by	this

exemption	must	submit	a	written	Plan	of	Activities	to	the	local	Flight	Standards

District	Office	(FSDO)	with	jurisdiction	over	the	area	of	proposed	filming.	The	3-day

notification	may	be	waived	with	the	concurrence	of	the	FSDO.	The	plan	of	activities

must	include	at	least	the	following:

• Dates	and	times	for	all	flights;

• Name	and	phone	number	of	the	operator	for	the	UAS	aerial	filming	conducted

under	this	grant	of	exemption;

• Name	and	phone	number	of	the	person	responsible	for	the	on-scene	operation	of

the	UAS;

• Make,	model,	and	serial	or	N−Number	of	UAS	to	be	used;

• Name	and	certificate	number	of	UAS	PICs	involved	in	the	aerial	filming;

• A	statement	that	the	operator	has	obtained	permission	from	property	owners

and/or	local	officials	to	conduct	the	filming	production	event;	the	list	of	those

who	gave	permission	must	be	made	available	to	the	inspector	upon	request;

• Signature	of	exemption	holder	or	representative;	and

• A	description	of	the	flight	activity,	including	maps	or	diagrams	of	any	area,	city,

town,	county,	and/or	state	over	which	filming	will	be	conducted	and	the	

altitudes essential	to	accomplish	the	operation.

30.	Flight	operations	may	be	conducted	closer	than	500	feet	from	participating	persons

consenting	to	be	involved	and	necessary	for	the	filming	production,	as	specified	in	the

exemption	holder’s	MPTOM.
Benefit	to	Public

The	petitioner	seeks	to	generate	aerial	video	and	photographic	content.	The	only	other	

means	to	acquire	such	aerial	data	is	through	the	use	of	manned	aircraft which	requires	

the	presence	of	a	human	pilot	onboard and an	aircraft	of	significantly	larger	mass with	

an	internal	combustion	engine	requiring	the storage and	burning	of	flammable	fuel.

The	petitioner's	proposed	UAS	models will benefit	the	public	as	a	whole by	eliminating	

the	noise	pollution	and	exhaust	emissions	that	the	public	would	otherwise	be	hearing	

and	breathing.

The	use	of	UAS	for	aerial	data	collection	at	a	lower	cost	will increase	the	scope	of

information	available	to educational,	governmental,	and	commercial	entities which

would	otherwise	not	be	affordable	via	data	collection	by	manned	aircraft.	The	result	

will	be	improved	operations and	increased	quality	of	products	and	services	from	which	

the	public	will	benefit.

Level	of	Safety

The	petitioner's	proposed	UAS	models	are	significantly	lighter	in	weight	than	a	manned	

aircraft	which	in	the	event	of	an	emergency	will	pose	much	less	of	a	threat	to	the	public	

below	than	a	manned	aircraft.	The	UAS	with	a	fraction	of	the	mass	and	no	explosive	fuel	

that	could	be	discharged	or	ignited	will	reduce	the	chance	of	injuries	on	the	ground. The	

UAS	will	always	fly	at	an	altitude	of	less	than	400	feet	and	within	a	limited	operational	

area,	reducing	the	risk	of	collision	with	other	aircraft	and	thus	harm	to	the	public	on	the	

ground. Enhanced	safety	will	also	be achieved	by	eliminating	the	risk	to passengers	or	

crew in	manned	aircraft.

Using	the	petitioner's	proposed	UAS models,	flight	time	to	transport	the aircraft	to	and	

from	the	production	site is	eliminated.	Conducting	operations	with	such	a	UAS	that can	

be	transported	via	ground	transportation rather	than	in	flight	over	populated	areas	to	

and	from	airports	or	heliports increases	the	level	of	safety.

Evolving	Systems,	Inc. understands that	any	limitations	and	limited	scope	of	operation	

imposed	by	any	granted	exemption	from	the	FAA,	will	provide	for	at	least	an	equivalent	

or	even	higher	level	of	safety	to	operations	conducted	under	the	current	and	proposed	

regulatory	structure.
Summary	for	the	Federal	Registry:

Evolving	Systems,	Inc. is	seeking	exemption	from	the	following	rules:	

14	CFR	Part	21	and	§§	45.23(b),	91.7(a),	91.9(b)(2), 91.121,	91.203(a)	&	(b),	91.405(a),	

91.407(a)(1),	91.409(a)(1)	&	(2),	91.417(a)	&	(b)	of	Title	14,	Code	of	the	Federal	

Regulations	(14	CFR). The	exemption	would	allow	Evolving	Systems,	Inc.	to	operate	

unmanned	aircraft,	weighing	55	pounds	or	less,	commercially	for	aerial	data	collection	

and	closed-set	motion	picture	and	television	production	using	the	DJI	Phantom	3,	DJI	

Inspire	1,	DJI	Spreading	Wings	S1000+	and	DJI	Spreading	Wings	S900.

Description	of	exemptions	sought:	Evolving	Systems,	Inc. is	seeking exemptions to	

conduct commercial	acquisition	of	aerial	data	using	unmanned	aircraft	systems.

Based	upon	the	foregoing,	Evolving	Systems,	Inc. requests	that the	FAA	grant	it	the	

necessary	exemptions	as	requested	herein	to	allow	for commercial	operations	of	UAS	

within	the	United	States	under	the	conditions	as	may	be	established	by	the	FAA.

Thank	you	for	your	consideration,

Charles	Paliocha

President

Evolving	Systems,	Inc.

16	Rose	Street

Putnam	Valley,	NY		10579