January 2, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Exodus Technology Consulting, LLC for Exemption Pursuant to Section 

333 of the FAA Reform Act

Owner: John D. Moore II

Company Name: Exodus Technology Consulting, LLC

16014 Gore Grass Court

Spring, Texas 77379

713.446.3303

Jdmoore2nd@gmail.com

ExodusTech2@gmail.com

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

Act) and 14 C.F.R. Part 11, Drone 1 Aerial LLC, operator of Small Unmanned Aircraft 

Systems equipped to conduct aerial photography and videography, hereby applies for an 

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

operation of its UAS, so long as such operations are conducted within and under the 

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

333.1

As described more fully below, the requested exemption would permit the operation of 

small, unmanned and relatively inexpensive UAS under controlled conditions in airspace 

that is 1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, 

would allow Exodus Technology Consulting, LLC to conduct commercial operations of UAS 

meeting or exceeding all of the operational and safety requirements Congress has set forth 

in Section 333.

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)

(CONTINUED PAGE 2)
To whom it may concern,

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

and sensors, would operate in the following manner:

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority.

 Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines and cell towers.

 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.

 Ability to offer training to persons individually or belonging to both private and/or 

public organizations that have interests in the use and application of a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of the persons and property.

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

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill 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:

John D. Moore II Owner/Chief Pilot

Exodus Technology Consulting, LLC

16014 Gore Grass Court

Spring, Texas 77379

713.446.3303

Jdmoore2nd@gmail.com

ExodusTech2@gmail.com
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)

Exodus Technology Consulting, LLC will operate a DJI Phantom 3 Professional Drone or one 

with similar characteristics. The DJI Phantom 3 Professional has a total weight of 1280g or 

2lbs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. 

Under still air the maximum speed is no more than 16m/s or 35mph with a cruising speed 

of 11m/s or 25mph. 

The DJI Phantom 3 Professional has the ability to hover and move along a vertical and 

horizontal plane simultaneously. 

The DJI Phantom 3 Professional has four motors, Motor Model DJI 3510, powered by a 

4480mAh 4s LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 

1345, in use. The DJI Phantom 3 Professional will be controlled with the C3 remote 

controller with an operating frequency of 2.400GHz – 2.483GHz. The live video feed will 

have an operating frequency of 2.4GHz ISM with maximum range of 1.2 miles. The 

applicant will operate the UAS in line of sight within a closed off and predetermined area 

owned and/operated by the property representative.

DJI Phantom 3 Professional GENERAL FEATURES

 Ready to fly 

 3-axis camera stabilization 

 Precision flight and stable hovering 

 GPS/GLONASS positioning & auto return home 

 Onscreen real-time flight parameters 

 High Definition 4k Camera 

 Camera tilt control 

 Film straight down 

 Supports Adobe DNG RAW 
 Adobe lens profile support 

 Camera parameter settings 

 Album synchronization 

 FAA no-fly zones locked out via installed software 

TRANSMITTER

 Operating Frequency: 2.400 GHz – 2.483 GHz

 Communication Distance(open area): CE: 2000m; FCC: 2000m

 Receiver Sensitivity(1%PER):-101dBm +/- 2dBm

 Transmitter Power: CE: 16dBm; FCC: 20dBm

 Working Voltage: 1.2A @ 7.4V

 Battery: 6000 mAh LiPo 2s

CAMERA

 Operating Environment Temperature: 0 – 40 degrees Celsius 

 Max Resolution: 4096 x 2162p @ 24/25fps

 FOV: 94°/ 85°

 Sensor size: 1/2.3"

 HD Recording: 4k p 24/25fps / 720p 60fps

DJI VISION APP

 System Requirement of Mobile Device: iOS version 6.0 or above/ Android system 

version 4.0 or above

 Mobile Device Support: Recommended: iPhone4s, iPhone5, iPhone5s, iPod Touch4, 

iPod Touch5;

Given the small size of the UAS 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 requests that the FAA grant 

the requested exemption with minimum delay.

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:

 The UAS will weigh less than 55 lbs. (DJI Phantom 3 Professional weighs 1280G or 

2lbs 13oz)

 The UAS will have a maximum operating speed of no more than 35mph.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

 Maximum flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve or 20 minutes of flight time whichever 

occurs first. 

 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.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer 

(VO) and may include but not limited to a Camera Operator.

 The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all

necessary certifications currently being approved by the FAA administration for

commercial use.

 A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities. 

 All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only.

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport

Reference Point (ARP) of a tower controlled or uncontrolled airport. The DJI 

Phantom 3 Professional has built in software for all FAA regulated ‘No Fly Zones’ 

and was uploaded by DJI (February 2015) for all DJI drones to download and 

prevent any possible flights occurring within no-fly zones. DJI Phantom 3.

Professional has installed software (code) that denies flights within the FAA no-fly zones.

 If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information. 

 The operator will file FAA Form 7711-1, 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.

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 required under the FOM. With the 

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

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

 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. 

 If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously. 

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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.

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured and designated area. Unlike other civil aircraft, operations 

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

under the requirements and in compliance with local public safety requirements. The FAA 

will have advance notice of all operations. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application 

of these same criteria demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:
When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the UAS will have no airworthiness certificate, an 

exemption will 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, two-inch lettering will be impossible. The word “Experimental” 

will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety 

will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where 

the pilot, observer and others working with the UAS will see the identification of the UAS as 

“Experimental.”

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

Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act 

as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. An equivalent level of safety can be achieved by current Regulations

because the applicant’s UAS do not carry any pilots or passengers nor property. The risks 

attendant to the operation of UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. The operation and limitations set forth in the FOM will 

equate to the safe operation of the UAS.

14 C.F.R. §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, should this

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness.

Given the size of the aircraft for maintenance and use of safety check lists prior to each 

flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. 

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 flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. The PIC will take all actions as stated in the

manufacturer FOM in the pre-flight inspection section, including but not limited to 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety provided 

by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size 

and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed to 

allow such operations. As set forth herein, the UAS will never operate at higher than 400 

AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated 

more than 200 feet above the highest point on the structure. It will however be operated in 

a restricted area with security perimeter, where buildings and people will not be exposed 

to operations without their pre-obtained 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. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 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 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 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 operator, pursuant to the safety check list 

and live flight data monitoring, 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

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 cruising 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.” The battery powering the UAS provides approximately 25 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. Operating the UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with 

less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, 

limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption 

will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 20 minutes or 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing zone 

from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person 

may operate a civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) 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. 
The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. 

As such, 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 C.F.R. §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 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. An 

equivalent level of safety will be achieved because the UAS is very limited in size and will 

carry a small payload and operate only in restricted areas for a limited period 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 

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. An equivalent level of safety will be achieved because maintenance and inspections 

will be performed in accordance with the UAS Manufacturer's User Manual. As provided in 

the FOM, the operator will ensure that the UAS is in working order prior to initiating flight 

and perform required maintenance needed. 

Respectfully Submitted, 

John D. Moore II

Owner/PIC

Exodus Technology Consulting, LLC

16014 Gore Grass Court

Spring, Texas 77379

713.446.3303

Jdmoore2nd@gmail.com

ExodusTech2@gmail.com