James E. Mackler

Attorney

615.238.6312 (Direct Phone)

615.248.4668 (Direct Fax)

jmackler@bonelaw.com

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Nashville City Center, Suite 1600 - 511 Union Street -Nashville, Tennessee 37219

615.238.6300 (phone) - 615.238.6301 (fax)

May 15, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act 

and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 

61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Unmanned Systems Legal Association, LLC, (“USLA”) an operator 

of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its UA. USLA is eligible for a 

summary exemption for aerial data collection.

1

 

QUICK REFERENCE SUMMARY:

• Types of aircraft to be flown: 

o DJI Phantom Series

o DJI Inspire Series

 1 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. See exemption #. 11482.
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o DJI Spreading Wings Series

• Technical manuals are all currently available online at the following URLs:

Phantom Series

o Phantom 1: http://www.dji.com/product/phantom/download

o Phantom 2: http://www.dji.com/product/phantom-2/download

o Phantom 2Vision+ : http://www.dji.com/product/phantom-2-vision-plus/download

o Phantom 3 : http://www.dji.com/product/phantom-3/download

Inspire Series

o Inspire 1: http://www.dji.com/product/inspire-1/download

Spreading Wings Series

o S800: http://www.dji.com/product/spreading-wings-s800/download

o S900: http://www.dji.com/product/spreading-wings-s800/download

o S 1000+: http://www.dji.com/product/spreading-wings-s1000-plus/download

• The operations will be for aerial data collection.

2

• We already agree to all the restrictions listed in Exemption # 11358 granted to New 

Heights Aerial Media, LLC for Aerial Data Collection on April 17, 2015. Those 

restrictions are listed below. Based upon the FAA’s recent guidance, this petition is 

eligible for summary exemption and should be granted immediately. 

USLA requests that the publication and comment procedures be waived in accordance with 

14 C.F.R. § 11.87 which states:

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of 

my petition for exemption?

The FAA may not publish a summary of your petition for exemption and request 

comments if you present or we find good cause why we should not delay action on your 

petition. The factors we consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent. 

 2 Exemption 11358 to New Heights Aerial Media, LLC was for “aerial data collection.” 
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(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, USLA has good cause to request the FAA to 

waive the comment period and not delay action on the petition because:

(a) USLA would not set any precedent. USLA agrees to the SAME exact limitations as 

Exemption # 11358, except we are proposing to operate the DJI line of products listed 

above. These are commonly used aircraft. For example:

i. Exemption # 11326 and # 11384 permits the use of the DJI S900.

ii. Exemptions # 11184 and # 11161 permits the use of the DJI S1000.

iii. Exemption # 11341 was for the use of DJI Phantom 2 Vision+. 

iv. Exemptions # 11347 and 11306 were for the DJI Phantom 2. DJI has 

announced they will discontinue the Phantom 2 model and replace it with 

the Phantom 3. Although no exemptions have been granted for the 

Phantom 3, it is substantially similar in performance to the the DJI 

Phantom 2 Vision+ (“P2”) in all relevant respects.

v. Exemption #11342 was for the DJI Inspire 1 Model T600. 

(b) The relief requested is identical to that granted, without publication for comment, in 

Exemption # 11358.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, 

and USLA. The public, as well as the FAA, would be better served by the FAA 

quickly granting this petition and thereby freeing up limited FAA resources and 

allowing FAA inspectors to dedicate their time and attention to much higher 

priorities. Moreover, USLA is adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.
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Nashville City Center, Suite 1600 - 511 Union Street -Nashville, Tennessee 37219

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Petitioner’s contact info:

Bone, McAllester Norton, PLLC

Attn: James Mackler 

Phone: 615-238-6312

Email: jmackler@bonelaw.com

Address: 511 Union Street, Suite 1600, Nashville, Tennessee 37219

Regulations from which the exemption is requested:

• 14 C.F.R. § 61.23(a) and (c)

• 14 C.F.R. § 61.101(e)(4) and (5)

• 14 C.F.R. § 61.113(a)

• 14 C.F.R. § 61.315(a)

• 14 C.F.R. § 91.7(a)

• 14 C.F.R. § 91.119(c)

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151(a)(1)

• 14 C.F.R. § 91.405(a)

• 14 C.F.R. § 91.407(a)(1)

• 14 C.F.R. § 91.409(a)(1) & (2)

• 14 C.F.R. § 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs 

the Secretary of Transportation to consider whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the FAA Modernization and Reform Act. In making this 

determination, the Secretary is required to determine which types of UA do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following:

• The UA’s size, weight, speed, and operational capability;

• Operation of the UA in close proximity to airports and populated areas; and,

• Operation of the UA within visual line of sight of the operator (VLOS).3

 3

 FAA Modernization and Reform Act of 2012 at § 333(a).
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If the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system." Id. § 333(c) (emphasis added).4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act that includes UAS’s, from the requirement that all civil aircraft must 

have a current airworthiness certificate.

“The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if 

the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 

U.S.C. § 44711(b).

OPERATING DOCUMENTS

USLA will operate only within the limitations below and the performance parameters set 

forth in the aircraft manuals.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure.

These limitations and conditions are identical to Exemption # 11358 except for the 

difference in aircraft. USLA agrees to be bound when conducting commercial UA operations. 

The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the DJI line of aircraft 

listed above when weighing less than 55 pounds including payload. Proposed operations

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

 4 Applicant interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it 

should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
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2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the 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-issued airman medical certificate or U.S. 

driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability.

The VO and PIC must be able to communicate verbally at all times; electronic

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration of 

the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the operator’s

responsibility to track such revisions and present updated and revised documents to the
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Nashville City Center, Suite 1600 - 511 Union Street -Nashville, Tennessee 37219

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Administrator or any law enforcement official upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment to this

grant of exemption. If the operator determines that any update or revision would affect

the basis upon which the FAA granted this exemption, then the operator must petition

for an amendment to its grant of exemption. The FAA’s UAS Integration Office

(AFS−80) may be contacted if questions arise regarding updates or revisions to the

operating documents.

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

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

functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. The pre-flight inspection must account for all potential

discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals

a condition that affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to

be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

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

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer

safety bulletins.

13. Under this grant of exemption, a PIC must 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
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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.

14. The operator may 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

under this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency must be logged in a manner consistent with 14 CFR § 

61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training,

proficiency, and experience-building) and determining the PIC’s ability to safely

operate the UAS in a manner consistent with how the UAS will be operated under this

exemption are permitted under the terms of this exemption. However, training

operations may only be conducted during dedicated training sessions. During training,

proficiency, and experience-building flights, all persons not essential for flight

operations are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipantsin accordance with 14 CFR § 91.119.

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

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted

with an ARP, the center of the airport symbol as denoted on the current

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available to

the Administrator or any law enforcement official upon request.

17. The UA may 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.

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

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
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20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must 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 must be

as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to thePIC at

the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities

at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

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

from the UA and/or debris in the event of an accident. The operator must ensure

that nonparticipating persons remain under such protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety

of nonparticipating persons; and

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

for operating closer to those objects and the PIC has made a safety assessment of 
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the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

c. The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with

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.

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

boundaries of the operational area as defined by the applicable COA must 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.

STATUTORY CRITERIA PROVIDED IN SECTION 333 

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 and under the restrictions 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.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an 

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

display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping 

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

access to them. Given the size of the unmanned aircraft, the FAA registration number will be 

displayed on the airframe in as large a font as possible.
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14 C.F.R. § 61.23(a) & (c): MEDICAL CERTIFICATES

Exemption # 11221, # 11284, and many others have provided that a U.S. driver’s 

license could be used in lieu of the medical certificate. 

14 C.F.R. § 61.101(e)(4) & (5): RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS & 14

C.F.R. § 61.315(a): SPORT PILOT LIMITATIONS.

Exemption # 11221, # 11284, and many others have provided that the “PIC must hold 

either an airline transport, commercial, private, recreational, or sport pilot certificate.” 

Likewise, USLA is also performing commercial UAS work and is asking for the same 

restrictions which have been previously deemed to provide an equivalent level of safety as 

the burdensome regulations. 

14 C.F.R. § 61.113 (a): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN 

COMMAND.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, 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. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing on board. 

14 C.F.R. § 91.7(a): CIVIL AIRCRAFT AIRWORTHINESS.

The custom built hexacopters use the same flight controller (pixhawk) that has been 

previously approved in Exemption # 11192 . The hexacopter aircraft configuration has been 

granted in other exemptions such as Exemption # 11332, Exemption # 11185, and Exemption 

# 11066. Therefore, this aircraft should not be required to have an airworthiness certificate 

based upon the FAA’s previous determinations.

14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES
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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. 

Because of 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 small 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 operating manuals.

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."

Applicant believes that an equivalent level of safety can be achieved by prohibiting the 

PIC from beginning a UAS flight unless (considering wind and forecast weather conditions and 

assuming normal cruising speed) “there is enough available power for the UA 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.” Exemption # 11284, at page 5.

14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): MAINTENANCE 

INSPECTIONS
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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"5 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 the applicant. An equivalent level of safety will be achieved because 

these small UAS’s are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. 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. Lastly, the petitioner will operate in accordance with the manuals 

submitted confidentially which will provide an equivalent level of safety as the burdensome 

regulations.

CONCLUSION:

The operation of USLA using a small UAS, weighing less than 55 lbs., conducted under 

the proposed restrictions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein. 

If I can be of any assistance to further expedite this petition, please do not hesitate to 

contact me at (615) 238-6312 or at my email jmackler@bonelaw.com.

Sincerely yours,

____________________

James E Mackler, Esq.

 5 14 C.F.R. § 91.405(a).