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February 22, 2016

Moffatt & Nichol

3780 Kilroy Airport Way, Suite 750

Long Beach, CA 90806

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Re: Petition for Exemption 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) 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, Moffatt & Nichol (“Petitioner” or “M&N”) hereby applies for an exemption from the listed 

Federal Aviation Regulations (FAR) to allow commercial operation of a designated unmanned aerial system 

(UAS), provided such operations are conducted within the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

M&N seeks the requested exemptions to permit it to offer aerial data collection services in the fields of 

biology and botany, energy infrastructure inspection, and aerial mapping and survey. 

As described in the following pages, the requested exemption would permit the operation of a designated 

UAS, only as set forth in this document under controlled conditions in the National Airspace System (NAS). 

Approval of this exemption would provide services that would reduce the risk associated with manned 

solutions. 

The name and address of the Petitioner is as follows: 

Stephen Bennett

Moffatt & Nichol

3780 Kilroy Airport Way, Suite 750

Long Beach, CA 90806

(562) 590-6500

E-mail: sbennett@moffattnichol.com
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UnmannedAerial System Description

Moffatt & Nichol (M&N) will employ the DJI Phantom Pro 3 quadcopter for aerial data collection 

operations. This system is manufactured by DJI Innovations (DJI), has been extensively tested and has a 

proven safe flight history. The system includes a frame with 4 motors, a DJI flight controller, and iOSD 

(onscreen telemetry display). The Phantom Pro 3 (P3) is flown by the pilot-in-command (PIC) using a radio 

control system. The platform has a sophisticated flight control system that enables the PIC to locate the 

unmanned aerial vehicle (UAV) on a moving map as a part of a ground control system in addition to being 

continually in visual line-of-sight and has safety systems to warn and manage low battery-voltage situations. 

The P3 can be flown manually by the PIC or fly a pre-planned route using the ground control system. The 

P3 will be flown under a comprehensive set of operational standard procedures focused on the safe 

operation of the platform to minimize risk. The P3 has a LED lighting system to communicate key elements 

of operational status at all times, in addition to the on-screen display showing flight parameters relevant to 

the safe operation of the UAV. 

This UAV has a maximum take-off weight of 2.8 pounds. The UAV flight speed will not exceed 16m/s and 

it will not be flown in controlled airspace or at an altitude that exceeds 400 feet AGL. All flights will be 

flown in such a way that they can be safely terminated with a reserve battery power of 30% maximum 

charge. The P3 does not carry any flammable propellant or fuel. 

Command, control, and telemetry communications for the P3 occur on the 2.4 gHz frequency band. The 

communications link is frequency hopping, spread spectrum which greatly reduces the potential for 

interference. The specific radio frequency devices used by the P3 have been tested and found to comply 

with the limits for a Class B digital device, pursuant to Part 15 of the Federal Communications Commission. 

The P3 programming is such that, if a lost communication link occurs the UAV will return to its starting 

point and automatically land with no user interaction necessary. 

Granting an Exemption Would Serve the Public Interest

Enhanced safety to persons and property 

In the absence of a UAS, many of the proposed activities would have to be carried out by a helicopter, fixed 

wing aircraft, a bucket truck, or a lineman climbing a tower. All of these conventional methods involve a 

risk to human lives and property that is clearly higher than risks to human lives and property posed by the 

utilization of UAS. 

Reduction of burden on National Airspace System 

UAS utilization in accordance with the typical terms of an exemption grant does not require the interaction 

of Air Traffic Control (ATC). Where such use replaces manned aircraft, a net reduction in ATC burden is 

realized. 
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Reduction in air pollution and noise 

The DJI P3 is battery powered and therefore creates no noxious emissions hazardous to the environment. 

Further, as a battery powered vehicle the noise levels are substantially lower than any internal combustion 

engine driven aircraft. 

Economic benefit to the public 

Survey, mapping, and inspection of energy infrastructure facilities utilizing UAS technology is substantially 

more cost effective than the conventional methods to accomplish these tasks. Cost savings by UAS 

utilization have the potential to find their way to ratepayers thereby reducing energy costs to the consumer. 

OPERATIONAL LIMITATIONS TO ACHIEVE AN EQUIVALENT LEVEL OF 

SAFETY

M&N proposes the following operational limitations to achieve an equivalent or higher level of safety than 

under the current regulatory structure, particularly in comparison to the use of manned aircraft. 

1. All operations will be carried out with strict adherence to the operating procedures outlined in the 

Pilot’s Operating Handbook (POH) and the manufacturer’s user manual. The POH is organized 

similar to a manned aircraft POH and includes the following sections: 

a. General description, specifications, and warnings 

b. Limitations 

c. Emergency Procedures 

d. Normal Procedures 

e. Performance 

f. Weight and Balance/Equipment List 

g. Air Vehicle and Systems Description 

h. Handling, Service, and Maintenance 

i. Supplements 

2. The UAV will weigh less than 5 lbs. 

3. The UAV, will operate at a true airspeed maximum (VNE) of 16 m/s (approximately 30 knots) which 

is within manufacturer specifications. 

4. Minimum crew for each operation will consist of the UAS Designated Pilot in Command (PIC) and 

at least one Visual Observer (VO). The PIC and VO will be able to communicate verbally at all 

times during the flight and will not exchange roles during the flight. Electronic messaging or texting 

is not permitted during flight operations. The PIC will ensure that the VO can perform the required 

duties of the VO. 

5. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate and 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 will 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. 
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6. Flights will be operated within visual line of sight (VLOS) of the PIC and VO at all times. M&N

understands that definition of VLOS is human vision unaided by any device other than corrective 

lenses. 

7. The primary responsibility of the VO will be to enhance the safety of flight operations by verbally 

communicating potentially unsafe observations to the PIC. Such conditions may include, but are 

not limited to, conflicting aircraft, hazardous terrain, features, or weather, UAV approaching VLOS 

limits or altitude limits, assisting the PIC in monitoring battery voltage, and advising the PIC if 

non-participating personnel move within a potential danger zone. VO’s will be familiar with the 

UAS normal and emergency procedures and aircraft limitations in sufficient detail as to provide 

the PIC with recommended corrective actions. 

8. Maximum flight time for each operational flight will be approximately 25 minutes. The actual flight 

time will depend on a variety of variables including wind conditions, mission requirements, and 

the choice of battery capacity. All flights will be conducted under a strict battery management 

regime that alerts the operator to end flight at a pre-determined battery capacity. If the PIC exceeds 

this limit, the P3 will autonomously return to the departure point and land upon reaching the first 

critical battery level (first alert) and will land immediately upon reading the second critical battery 

level (second alert). 

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

10. All operating documents will be accessible to the PIC at the ground control station during UAS 

operations. Operating documents will include the current POH and a copy of the FAA’s Exemption, 

if granted. If a discrepancy exists between the various operating documents, the FAA’s Exemption, 

the Exemption will take precedence. The POH will be updated as necessary. Such updates will be 

tracked. 

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

operations. All parties involved in the flight operations will participate in the safety briefing. 

12. The PIC will conduct a pre-flight inspection of the UAS. The pre-flight inspection will account for 

all systems to insure that the UAS is in a condition for a safe flight. As a minimum, the pre-flight 

inspection will follow the checklist procedures in the POH. If the pre-flight inspection reveals a 

condition that may affect the safe operation of the UAS, the aircraft will not be operated until 

necessary maintenance has been completed. 

13. In the event of an emergency or other unpredicted obstacle to the completion of a flight, the PIC 

will abort the flight in the safest manner possible. 

14. M&N will not permit a PIC to operate the UAS unless the PIC demonstrates the ability to safely 

operate the UAS safely and competently within the framework of the measures outlined herein and 

the POH. This will include normal and emergency procedures 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). 

15. The PIC and VO will have been trained in operation of UAS and receive current information 

regarding operation of the UAS. 

16. PIC and VO training and evaluation flights will only be conducted during dedicated training 

sessions. During such sessions, the PIC will operate the UAS a manner consistent with 14 CFR 

§91.119 by maintaining the prescribed distance from non-participants. 
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17. All DJI P3 aircraft utilized as a part of this request will be registered and subsequently assigned a 

serial number in accordance with 14 CFR part 47 and display identification markings in accordance 

with 14 CFR part 45, subpart C. N-number markings will be as large as practicable. 

18. M&N will conduct routine inspections of the UAV to ensure that it is in condition for safe 

operation. As a minimum, inspections will be conducted as per the POH and as per manufacturer 

recommendations. Additional inspections will be completed as deemed necessary. M&N will 

comply with all safety bulletins issued by the manufacturer. 

19. M&N will conduct maintenance on the UAV as necessary. Maintenance procedures will follow 

manufacturer’s recommendations regarding replacement, overhaul, and life limited components. 

20. After maintenance or alterations that affect the operational or flight characteristics of the UAV, a 

test flight will be conducted to determine that the UAV is properly functioning prior to resuming 

commercial operations. Flight tests will be conducted by a PIC and a VO and will remain at least 

500 feet from other non-participants. Further, the flight test will be conducted in a manner so as not 

to pose an undue hazard to persons and property. 

21. M&N will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization (ATO) prior to conducting operations within the NAS. 

22. No UAV flights will be conducted at night and all flights will occur under Visual Meteorological 

Conditions (VMC). The UAV will not be operated less than 2,000 feet horizontally from a cloud 

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

23. The PIC will ensure that the UAV remains clear of and gives right-of-way to all manned aviation 

operations. 

24. The PIC will not operate the UAS from a moving device or vehicle. 

25. The UAS will not be operated within 5 nautical miles of an airport reference point (ARP) unless a 

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

COA issued to M&N. 

26. The UAV will be operated in a manner that maintains at least a 500 foot clearance from all 

nonparticipating persons, vessels, vehicles and structures.

27. Flight operations will only be conducted over property where the permission is granted by the 

property owner or otherwise authorized representative. 

28. The P3 UAV automatically determines its failsafe return-to-home position upon liftoff. If the UAV

loses communications with the remote controller, it will return to a liftoff location and land 

autonomously. 

29. M&N will report any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA to the FAA's UAS Integration 

Office (AFS−80) within 24 hours. Accidents will be reported to the National Transportation Safety 

Board (NTSB). 

SPECIFIC EXEMPTIONS REQUESTED

In pursuit of this petition the following exemptions are requested: 
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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 M&N, 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. 

Unlike other civil aircraft operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H, the UAV to be operated hereunder is less than 55 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. Flights will be operated only within visual line of sight (VLOS) of the PIC 

and VO, enabling the PIC and VO to observe any objects in the flight path of the UAV. Flights will be 

short in duration and limited in altitude. Flight operations will not be conducted at night, and will only be 

conducted over property where the permission is granted by the property owner or otherwise authorized 

representative. Operations under this exemption will be tightly controlled and monitored by the operator. 

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, there is no credible threat to national security posed by the UAV, 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. §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 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 UAV, 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 PIC 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. These actions include the following: 
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a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel 

requirements, alternatives available if the planned flight cannot be completed, and any known 

traffic delays of which the pilot in command has been advised by ATC; 

b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing 

distance information: 

1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein; and 

2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values 

of airport elevation and runway slope, aircraft gross weight, and wind and temperature. 

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 POH in Section 4 under Normal Procedures including 

but not limited to reviewing weather, flight battery requirements, 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 signals. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

UAV and by the small size, weight, and generally slow speed of the UAV. 

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 request is for a UAV that is a quadcopter and the exemption requests authority to operate at altitudes 

up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, the UAV will 

never operate at higher than 400 AGL It will only be operated in a controlled environment, where structures, 

vessels, vehicles, and non-participating people will not be exposed to operations. 

The equivalent level of safety will be achieved given the small size, low weight, and slow speed of the UAV

as well as the controlled environment where it is operated. No flight will be initiated without the permission 

of the property owner or authorized representative. Unlike conventional aircraft, the UAV requires no 

flammable fuel, a safety enhancement at low altitude. Further, since the UAV will be operated at 400 AGL 

or less, it will maintain separation from manned aircraft that are required to comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 
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This regulation requires each person operating an aircraft below 18,000 feet MSL to maintain cruising 

altitude by reference to an altimeter that is set to a particular barometric pressure (altimeter setting) or the 

elevation of the departure airport. 

Manned aircraft have an altimeter that displays altitude in MSL. The intent of this regulation is to ensure 

that all aircraft in an area are displaying the same altitude when they at the same true altitude MSL. In this 

way aircraft can maintain vertical separation in cruise flight as per §91.159 for VFR flights and as per 

§91.179 for IFR flights. Further it ensures that aircraft assigned a particular altitude by ATC or as per 

published altitude requirements such as traffic pattern altitudes will have the ability to accurately determine 

that altitude. 

Conversely, the P3 automatically sets its zero altitude based on the departure site. Thus, all altitude readings 

displayed on the Ground Control Station are in AGL from the departure site. In order to comply with the 

limitations specified herein to maintain an altitude below 400 feet AGL, it is appropriate for the altimeter 

to display in AGL instead of MSL thereby maintaining separation from manned aircraft and achieving an 

equivalent level of safety. 

14 C.F.R. §91.151(a) and (b): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 specifies fuel reserve minimums for airplanes and helicopters. Specifically, 91.51 (b) states 

that no person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

Since the UAV is battery powered and lacks a combustion engine, there is no conventional fuel 

consumption. Further, the flight times for the P3 are considerably shorter (maximum of 25 minutes) than 

combustion engine powered manned aircraft. An equivalent level of safety will be achieved by landing the 

aircraft when the battery power, as monitored at the ground control station, reaches 30% of the capacity of 

a fully charged battery. A further safety feature is that the P3 will automatically return to its departure point 

with no PIC interaction required if the battery voltage falls below 20% of the capacity of a fully charged 

battery. 

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. . . . 

2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second duplicate copy (pink) of the Aircraft 

Registration Application as provided for in §47.31(b), or a registration 

certificate issued under the laws of a foreign country. 

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. 
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As previously discussed, an exemption is sought regarding the requirement to acquire an airworthiness 

certificate. Further, the UAV fully loaded weighs less than 5 pounds and is operated without an onboard 

pilot. As such, there is no ability or place to carry a registration certificate or to display it on the UAV. An 

equivalent level of safety will be achieved by keeping the registration certificate at the ground control point 

where the PIC will have immediate access to it. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations cover maintenance, preventative maintenance, and aircraft alterations. In summary for 

VFR aircraft, and not including all exceptions, it requires the following: 

1. Annual inspections or 100-hour inspections (for commercial operations) with approval for return 

to service by a person authorized by §43.7. 

2. A test flight by an appropriately rated pilot after repairs or alterations that may have appreciably 

changed the aircraft’s flight characteristics have been made 

3. Logging of all maintenance performed according to particular standards 

These sections, collectively part of Subpart E, and Part 43 only apply to aircraft with an airworthiness 

certificate. As previously discussed, an exemption is sought regarding the requirement to acquire an 

airworthiness certificate. However, an equivalent level of safety will be achieved by implementing the 

concepts of these sections as follows: 

1. Inspections will be performed at intervals recommended by the POH and the manufacturer. 

2. A test flight will be performed after any maintenance or alteration is performed that may affect the 

UAS’s flight characteristics. The test flight will be performed prior to return to commercial service 

by an appropriately rated and experienced PIC. 

3. All maintenance will be logged. 

CLOSING

Moffatt & Nichol appreciates the opportunity to submit this petition for exemption to the Federal Aviation 

Administration. We have endeavored to provide the appropriate information required based on guidance 

from the FAA’s website. If there are any questions or we can provide further information, please contact 

me. 

Stephen Bennett

Moffatt & Nichol