1

March 11, 2016

Attn:

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: UNMANNED AIRCRAFT SOLUTIONS, LLC REQUESTS AN EXEMPTION FROM THE 

REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (C.F.R.) PART 21 

SUBPART H AS WELL AS SECTIONS (§§) 61.3(a), 61.23(a), 61.101(e)(4) & (5), 61.113(a),

61.315(c)(2) & (3), 91.7(a), 91.119(b) & (c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJI PHANTOM 3 

ADVANCED & PROFESSIONAL, DJI PHANTOM 4, DJI INSPIRE 1, DJI S900, DJI S1000+, DJI MATRICE 

100, AND UASUSA TEMPEST UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95).

Chris Davidson

Manager

Unmanned Aircraft Solutions, LLC

2433 Steilacoom Blvd

Steilacoom, WA 98388

Phone: (512) 739-7333

Email: uasarc@gmail.com
2

TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS............................................................................................3

SUMMARY........................................................................................................................... 4

OVERVIEW AND INTERESTS OF THE PETITIONER................................................................ 4

SMALL UNMANNED AIRCRAFT SYSTEMS.............................................................................5

BASIS FOR THE PETITION............................................ ........................................................5

A. NAME AND ADDRESS OF THE PETITIONER............................................................. 5

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNMANNED AIRCRAFT 

SOLUTIONS SEEKS AN EXEMPTION ........................................................................5

C. THE EXTENT OF RELIEF AND REASONS WHY UNMANNED AIRCRAFT SOLUTIONS

SEEKS RELIEF AND WHY IT WOULD NOT ADVERSELY AFFECT SAFETY....................6

D. THE REASONS WHY GRANTING UNMANNED AIRCRAFT SOLUTIONS’ REQUEST 

WOULD BE IN THE PUBLIC INTEREST .................................................................... 10

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY ORWOULD PROVIDE AN EQUIVLENT LEVEL OF SAFETY...................12

CONCLUSION.......................................................................................................... ............17

LINKS TO REFERENCED PAGES.......................................................................................................18
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

§ Section

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

SO Safety Observer

SOP Standard Operating Procedures

sUASs Small Unmanned Aircraft Systems

UA Unmanned Aircraft

UAS Unmanned Aircraft System

UASs Unmanned Aircraft Systems

UAV Unmanned Aircraft Vehicle

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take-off and Landing
4

SUMMARY

The Petitioner Unmanned Aircraft Solutions, LLC hereafter referred to as UNMANNED AIRCRAFT 

SOLUTIONS, seeks an exemption from the requirements of the aforementioned §§ of 14 C.F.R to 

operate Small Unmanned Aircraft Systems (sUASs) (DJI Phantom 3 Advanced & Pro, DJI Phantom 4, DJI 

Inspire 1, DJI S900, DJI S1000+, DJI Matrice 100, and UASUSA Tempest) pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will allow UNMANNED AIRCRAFT 

SOLUTIONS to operate sUASs for the commercial purpose of conducting aerial data collection in a safe, 

attentive, and efficient manner.

UNMANNED AIRCRAFT SOLUTIONS seeks to further the advancement of sUASs and their data collection 

capabilities. Safety, efficiency, sustainability, and accessibility are what these technologies and 

UNMANNED AIRCRAFT SOLUTIONS can provide when granted an exemption to operate commercially. 

The sUASs operated by UNMANNED AIRCRAFT SOLUTIONS from this point on will be referred to as UAS 

PLATFORMS unless the platforms are directly referenced.

OVERVIEW AND INTERESTS OF THE PETITIONER

The objectives of UNMANNED AIRCRAFT SOLUTIONS and the sUASs (DJI Phantom 3 Advanced & Pro, DJI 

Phantom 4, DJI Inspire 1, DJI S900, DJI S1000+, DJI Matrice 100, and UASUSA Tempest) are to provide a 

safer and more sustainable, efficient, affordable, and higher quality aerial data collection system for a 

variety of government, commercial, and academic uses, targeting fields such as:

 Industrial Applications: Monitoring and inspection of oil & gas platforms over land and water, 

telecommunications, energy systems monitoring and inspection (green, nuclear, and fossil fuel 

based), pipelines, mining, landfills, chemical plants, pollution output, etc.

 Environmental Applications: Assessment, management, and mapping of rivers, floodplains, 

shoreline erosion, wetlands, storm surges, hazards, pollution, natural resources, drought levels, 

glacial movement, earthwork & rock face monitoring, terrain modeling, and planning, etc.

 Government Applications: Asset management and monitoring, resource management and 

monitoring, assisting search and rescue operations, hazards risk assessment and mitigation, 

regulation enforcement, map creation, firefighting, etc.

 Agricultural Applications: Precision agricultural services, site monitoring and management, 

water management, etc.

 Construction Applications: Construction site management, monitoring, and inspections from 

large scale projects to residential buildings, roof inspection, site quality assurance and quality 

control, damage assessment, etc.

 Conservation Applications: Flora and fauna monitoring and management on land and over water 

bodies, habitat restoration projects, anti-poaching, etc.

 Archeological Applications: Site assessment and monitoring, terrain mapping, site archiving, site 

location, expedition route planning, etc.
5

 Ecology Applications: Species population ecology, forest ecology (such as leaf area index), 

vegetation dynamics, ecosystem processes, forest inventory and structure, invasive species 

locating and monitoring, degradation mapping, biomass estimation, etc.

 Property Applications: Real estate photography, photogrammetry and videography, land 

management and surveying, public events (at appropriate distances from crowds), inspections, 

business promotion purposes, site monitoring, insurance, etc.

 Film/Television Applications: Landscape cinematography, outdoor news photography/ 

videography, commercials, documentaries, and closed-set motion picture/television filming and 

production, etc.

 Research Applications: Market surveys, subterranean exploration research, planetary 

exploration research, SBIR research, academic institution research and consulting, etc.

SMALL UNMANNED AIRCRAFT SYSTEMS

The sUASs made by DJI mentioned earlier are vertical take-off and landing (VTOL) small Unmanned 

Aircraft Systems (sUASs) with a Ground Control Station (GCS) utilizing a field laptop, tablet or smart 

phone. The DJI Matrice, Inspire 1, S900, S1000+, Phantom 3 Advanced & Professional, and Phantom 4

spec sheets are available on the DJI website. The UASUSA Tempest is a fixed wing platform for larger 

projects in remote areas and has a GCS like the DJI sUASs.

BASIS FOR PETITION

Petitioner, UNMANNED AIRCRAFT SOLUTIONS, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, 

Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate sUASs in, around, and through the National Airspace System (NAS) at or below 

400 feet AGL, and for exemptions from the requirements of the 14 C.F.R sections listed below.

In accordance with 14 C.F.R. § 11.81, UNMANNED AIRCRAFT SOLUTIONS provides the following 

information in support of its petition for exemption:

A. Name and address of the petitioner.

Christopher Davidson

Manager

Unmanned Aircraft Solutions, LLC

2433 Steilacoom Blvd

Steilacoom, WA 98388

Phone: (512) 739-7333

Email: uasarc@gmail.com

B. The specific §§ of 14 C.F.R. from which UNMANNED AIRCRAFT SOLUTIONS seeks exemption.
6

UNMANNED AIRCRAFT SOLUTIONS seeks exemption from the requirements of 14 C.F.R. Part 21 

subpart H, and §§ 61.3(a), 61.23(a), 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3), 91.7(a), 

91.119(b) & (c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b).

C. The extent of relief UNMANNED AIRCRAFT SOLUTIONS seeks and the reason UNMANNED AIRCRAFT 

SOLUTIONS seeks the relief.

1. Extent of relief and the reason seeking relief from § 61.3(a) and why an exemption from 

the requirements of § 61.3(a) would not adversely affect safety.

Extent: Relief from § 61.3(a) entitled Requirement for certificate, ratings, and authorizations, is 

requested to the extent required to allow certain UNMANNNED AIRCRAFT SOLUTIONS’ PICs to operate 

only the smaller, lighter platforms (DJI Phantom 3 Professional & Advanced as well as DJI Phantom 4) 

without a pilot certificate but with at least 25 hours flight time on those sUAS platforms and taking at 

least the sport pilot knowledge test.

Reason: According to the conditions of FMRA Section 333 these aforementioned DJI Phantom 3 and 4 

platforms will not require an airworthiness certificate in accordance with 14 C.F.R Part 21, Subpart H. 

When regarding only the DJI Phantom 3 Professional, Advanced, and Phantom 4 a pilot certificate is not 

necessary since the controls are not similar and require different psychomotor skills compared to any 

traditional aircraft that the pilot certificate training would cover. Also, the limited size, speed, and 

weight compared to even the 5 to 55 pound sUASs would make having a pilot certificate excessive since 

an equivalent level of safety can be reached for those specific platforms.

Safety: The reason for an equivalent level safety when flying the DJI Phantom 3 Professional & 

Advanced, as well as the DJI Phantom 4 is the limited size, speed, and weight in conjunction with the 

flight hours and knowledge test. Flight time on the Phantom platforms will include take-off/landing drills 

as well as evasive and emergency maneuvers. These steps provide proper hands on experience with the 

pertinent platform (DJI Phantom 3 Professional, 3 Advanced, and 4) as well as experience with NAS 

operational methodology and terminology taken from the knowledge test and would provide an 

equivalent level of safety.

2. Extent of relief and the reason seeking relief from § 61.23(a) & (c) and why an exemption 

from the requirements of § 61.23(a) & (c) would not adversely affect safety.

Extent: Relief from § 61.23(a) & (c) entitled Medical certificates: Requirement and duration, is requested 

to the extent required to allow UNMANNNED AIRCRAFT SOLUTIONS’ PIC to operate sUASs without a 

medical certificate but with a current U.S. driver’s license.

Reason: The requirement says that a PIC can hold either a medical certificate issued under § 61.67 or a 

U.S. driver’s license when exercising the privileges of PIC for a sport pilot certificate in a light sport 

aircraft other than a glider or balloon. Since sUASs are far safer in their relative size, speed, weight, and 

fuel type compared to light sport aircraft a valid U.S. driver’s license is all that would be needed.

Safety: Commercial operations of sUASs; which are similar to hobbyist platforms flown without medical 

or pilot certificates, are far safer than all other forms of sport, recreational, and commercial aircraft 

based on size, speed, weight, fuel, and the prescribed conditions and limitations. A greater than 
7

equivalent level of safety can be reached based on these factors since all of UNMANNED AIRCRAFT 

SOLUTIONS PICs will have a valid U.S. driver’s license and will only fly approved sUASs. 

The FAA has previously granted relief from § 61.23(a) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 13741, 13776, 13777, 11862). Also, 

the FAA has previously granted relief from § 61.23(c) in circumstances similar to those presented herein 

(e.g. Exemption Nos. 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, & 11278)

3. Extent of relief and the reason seeking relief from §§ 61.101(e)(4) & (5), 61.113(a),

61.315(c)(2) &(3) and why an exemption from the requirements of §§ 61.101(e)(4) & (5),

61.113(a), 61.315(c)(2) &(3) would not adversely affect safety.

Extent: Relief from §§ 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3) is requested to the extent

required to allow UNMANNNED AIRCRAFT SOLUTIONS PIC holding a recreational, commercial, or sport

pilot certificate to operate sUASs for compensation, hire, or in the furtherance of a business. 

Reason: The flight controls and methods for piloting a traditional aircraft (fixed/rotor) versus sUASs are 

not similar, requiring different psychomotor skills to operate the craft. Making it mandatory for sUAS 

companies to pay for non-equivalent aircraft flight training means the PIC would have to practice on a 

platform that isn’t close to what the PIC will actually fly and would take away time and resources that 

could be spent training the PIC on the sUAS platform being used for compensation, hire, or in the 

furtherance of a business.

Safety: Greater than an equivalent level of safety can be achieved due to the PIC operating an aircraft 

with such a small size, weight, speed and lack of combustible fuel compared to the FAA listed aircraft 

that conduct similar aerial data collection for compensation, hire, or in the furtherance of a business.

Also, UNMANNED AIRCRAFT SOLUTIONS submits that the greater equivalent level of safety established 

by §§ 61.101(e)(4) & (5), 61.113(a), 61.315(c)(2) & (3) will be maintained because no PIC at UNMANNED 

AIRCRAFT SOLUTIONS will be allowed to operate the UAS PLATFORMS unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

UAS PLATFORMS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The PIC 

must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total 

time as a UAS pilot (with a minimum of 5 hours of those 25 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the exemption). In addition to the hour 

requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes). The PIC area of operation will be predetermined in a protected flight area with permission of 

the property owner or representative with each flight planned and coordinated in advance.

The FAA has previously granted relief from § 61.101(e)(4) & (5) specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11230, 11240, 11252, 11253, 

11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862).

The FAA has previously granted relief from § 61.113(a) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 

11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 

11862). 
8

The FAA has previously granted relief from § 61.315(c)(2) & (3) specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (Exemption Nos. 11230, 11240, 11252, 11253, 11256, 

11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862). 

4. Extent of relief and the reason seeking relief from § 91.7(a) and why an exemption from 

the requirements of § 91.7(a) would not adversely affect safety.

Extent: Relief from § 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow UNMANNNED AIRCRAFT SOLUTIONS to determine that the UAS PLATFORMS are in airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the operating documents 

(i.e. Operations Manual, Monthly Maintenance Log, and the UAS PLATFORMS Instruction Manuals).

Reason: UNMANNED AIRCRAFT SOLUTIONS seeks the requested relief because the UAS PLATFORMS do 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. The FAA has 

stated that no exemption is required for § 91.7(a) to the extent that the requirements of Part 21 are 

waived or found inapplicable. See Docket No. FAA-2014-0352 at 13-14, 22.

Safety: The equivalent level of safety established by § 91.7(a) will be maintained because prior to every 

flight, UNMANNED AIRCRAFT SOLUTIONS will ensure that the UAS PLATFORMS are in an airworthy 

condition based upon the sUASs’ compliance with its operating documents and as stated in the 

conditions and limitations herein. 

Additionally, the FAA has previously granted relief from § 91.7(a) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160,11161, 11230, 11240, 11252, 11253, 11256, 11256, 11260, 11267, 11269, 11275, 11278, 

13741, 13776, 13777, & 11862).

5. Extent of relief and the reason seeking relief from § 91.119(b) and (c) and why an 

exemption from the requirements of § 91.119(b) and (c) would not adversely affect safety.

Extent: UNMANNNED AIRCRAFT SOLUTIONS seeks an exemption from the minimum safe altitude 

requirements of § 91.119(b) and (c). This section prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any person, vessel, 

vehicle, or structure in non-congested areas.

Reason: Maximum altitude for operating sUAS is limited at 400 feet AGL and due to the unique aerial 

data collection capabilities of sUASs, the proximity requirements required by § 91.119(b) and (c) would 

not allow these types of businesses to operate. The sUASs operated by UNMANNED AIRCRAFT 

SOLUTIONS will not operate over 400 feet AGL or near any non-participating persons as prescribed by 

the restrictions and limitations.

 

Safety: The sUASs operated by UNMANNNED AIRCRAFT SOLUTIONS are far smaller than manned 

aircraft, such as rotorcraft and fixed winged aircraft. Additionally, the UAS do not carry a pilot or 

passengers, weigh less than 55 pounds, do not carry flammable fuel, will not exceed 40 knots, and it will 

not be operated over non-participating persons. The sUASs will be operated VLOS and below 400 feet 

AGL with the use of a PIC and a SO to avoid risk to aircraft, persons, and property. This provides an 
9

equivalent or greater level of safety than achieved with conventional aircraft currently performing 

similar operations.

Additionally, the FAA has previously granted relief from § 91.119(b) and (c) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11230,

11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 11862, 13741, 13776, & 13777).

6. Extent of relief and the reason seeking relief from § 91.121 and why an exemption from 

the requirements of § 91.121 would not adversely affect safety.

Extent: Relief from § 91.121, entitled Altimeter settings, may be required to allow flight operations of 

the UAS PLATFORMS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC at the 

ground control station (GCS). 

Reason: Since the FAA requires that any altitude information concerning UAS operations be reported to 

air traffic control (ATC) in feet above ground level (AGL), UNMANNED AIRCRAFT SOLUTIONS seeks the 

requested relief because the UAS PLATFORMS’ altimeter may be set on the ground to zero feet AGL, 

rather than the local barometric pressure or field altitude, before each flight.

Safety: The equivalent level of safety established by § 91.121 will be maintained because the altitude 

information of the UAS PLATFORMS will be provided to the PIC via GPS and GCS equipment via a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path and altitude. This altitude information, combined with UNMANNED AIRCRAFT 

SOLUTIONS’ operation of the UAS PLATFORMS within visual line of sight, at or below 500 feet AGL, will 

ensure a level of safety equivalent to § 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is 

automatically established by the UAS at ground level and won’t go over 400 feet AGL. 

The FAA has previously granted relief from § 91.121 specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,11161, 

11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 

11862).

7. Extent of relief and the reason seeking relief from § 91.151 and why an exemption from 

the requirements of § 91.151 would not adversely affect safety.

Extent: Relief from § 91.151 entitled Fuel requirements for flight in VFR conditions, is requested to the 

extent required to allow flights of the battery powered UAS PLATFORMS during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a duration based on battery life and 

related return time. 

Reason: UNMANNED AIRCRAFT SOLUTIONS seeks the requested relief because without an exemption 

from § 91.151, the flight time duration of the battery powered UAS PLATFORMS will severely constrain 

the practicality of any data collection flight operations that UNMANNED AIRCRAFT SOLUTIONS proposes 

to conduct pursuant to this Petition.
10

Safety: A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. §

91.151 as a result of (1) the technical specifications of the UAS PLATFORMS; (2) the limitations on the 

proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, 

UNMANNED AIRCRAFT SOLUTIONS will ensure that it will safely operate the battery powered UAS 

PLATFORMS during daylight hours in VFR conditions, with enough battery power to safely return initial 

launch point with power to spare. Furthermore, safety will be ensured as the UAS PLATFORMS provides

warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the UAS PLATFORMS will return to launch point, 

descend, and land automatically. 

Previous exemptions granted by the FAA concerning § 91.151 establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. Relief 

has been granted for manned aircraft to operate at less than the minimums prescribed in § 91.151, 

including Exemption Nos. 2689, 5745, and 10650. 

The FAA has also granted relief from § 91.151 specific to UAS, in circumstances similar to those 

presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,11161, 

11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 

11862).

8. Extent of relief and the reason seeking relief from §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b) and why an exemption from the requirements of these 

sections would not adversely affect safety.

Extent: Since §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft 

with an airworthiness certificate, and deals with required maintenance inspections.

Reason: UNMANNED AIRCRAFT SOLUTIONS requests relief from these sections because the UAS 

PLATFORMS do not require airworthiness certificates. The UAS PLATFORMS meet the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, UNMANNED 

AIRCRAFT SOLUTIONS will use trained technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating 

documents (i.e. Operations Manual, Monthly Maintenance Log, and UAS Instruction Manuals). 

Furthermore, UNMANNED AIRCRAFT SOLUTIONS will document and maintain all maintenance records 

for its UASs. In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and their operation, UNMANNED AIRCRAFT SOLUTIONS operation of its sUASs meets 

the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Safety: In seeking this exemption, UNMANNED AIRCRAFT SOLUTIONS submits that the equivalent level 

of safety with regard to the regulatory maintenance and alteration requirements established by these 

sections will be met because UNMANNED AIRCRAFT SOLUTIONS will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., UNMANNED AIRCRAFT SOLUTIONS Aerial 

Operations Manual, Monthly Maintenance Log, and UAS PLATFORMS Instruction Manuals). 

Furthermore, UNMANNED AIRCRAFT SOLUTIONS will document and maintain all maintenance records 
11

for the UAS PLATFORMS. Since the UAS PLATFORMS will be inspected as prescribed by the operating 

documents, UNMANNED AIRCRAFT SOLUTIONS will maintain the equivalent level of safety established 

by these sections.

The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 

11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 

11862).

D. The reasons why granting UNMANNED AIRCRAFT SOLUTIONS request would benefit the public as a 

whole.

Granting the present Petition will further the public interest by allowing UNMANNED AIRCRAFT 

SOLUTIONS to safely, efficiently, and economically perform aerial data collection over certain areas of 

the United States below 400 feet AGL.

1. The public will benefit from decreased congestion of the NAS.

The UAS PLATFORMS are battery powered and serve as a safe, efficient, and economical alternative to 

the manned aircraft traditionally utilized to obtain aerial data. By reducing the amount of manned 

aircraft needed to perform aerial data acquisitions, an exemption allowing the use of the UAS 

PLATFORMS would reduce the amount of manned aircraft in the NAS as well as increase the safety of 

life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft 

operating in the NAS, congestion around airports caused by arriving and departing aircraft will be 

reduced. The UAS PLATFORMS do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions would result in fewer aircraft that 

must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases 

of flight operations.

2. The public will benefit from the safety and efficiency of the UAS PLATFORMS.

Conducting aerial data collection with the UAS PLATFORMS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and electric 

motors, the UAS PLATFORMS produce no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized 

for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation 

fuel. The UAS PLATFORMS, while reducing the carbon footprint of aerial acquisitions, also eliminates 

noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal 

combustion engine.

By using the UAS PLATFORMS to perform aerial acquisitions, the substantial risk to life and property in 

the air and on the ground, which is usually associated with traditional manned aircraft flight operations, 

will be substantially reduced or completely eliminated. Aside from the lack of flight crew members 

located onboard the aircraft, the UAS PLATFORMS (weighing less than 55 pounds at their maximum 

gross weight with a dimension of no more than 45 inches for VTOL, 127 inches for fixed wing, and with 

no fuel on board), has less physical potential for collateral damage to life and property on the ground, 
12

and in the air, compared to the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel 

capacity of 180 gallons).

Compared to all other aircraft type sUASs for commercial operation are the least threatening sUASs 

since by requesting this exemption they have stated a clear understanding of the pertinent rules and 

regulations provided by the 333 exemptions conditions and limitations.

3. Performing aerial data collections operations with the UAS PLATFORMS will benefit the 

economy.

The UAS PLATFORMS; in addition to being safe and efficient, are an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of the UAS PLATFORMS will 

allow United States based companies, like UNMANNED AIRCRAFT SOLUTIONS, to remain competitive 

and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the 

Environmental Protection Agency (EPA) regulatory actions phasing out leaded aviation fuels, U.S. owned 

and operated companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered UAS PLATFORMS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility without the 

high operational cost of a traditional manned aircraft. 

By operating the UAS PLATFORMS, companies such as UNMANNED AIRCRAFT SOLUTIONS, can remain 

competitive and profitable, and therefore, provide greater job stability to employees and contractors, 

which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the UAS PLATFORMS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in 

research and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

UNMANNED AIRCRAFT SOLUTIONS’ proposed operation of the UAS PLATFORMS will not implicate any 

privacy issues. Specifically, the UAS PLATFORMS will be operated only in compliance with operating 

documents (i.e., UNMANNED AIRCRAFT SOLUTIONS Aerial Operations Manual, Monthly Maintenance 

Log, and UAS PLATFORMS Instruction Manuals) which requires property owner involvement as well as 

local law enforcement notification, and in accordance with the Federal Aviation Regulations, including 

the altitude requirements of 14 C.F.R. § 91.119. 

E. The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which UNMANNED 

AIRCRAFT SOLUTIONS seeks exemption.

1. Reasons why the sUASs meet the conditions of the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the UAS 

PLATFORMS and its operation, UNMANNED AIRCRAFT SOLUTIONS’ operation of its sUASs meet the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 
13

C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security. 

In seeking this exemption, UNMANNED AIRCRAFT SOLUTIONS submits that the UAS PLATFORMS can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) The characteristics of the UAS PLATFORMS; 

(b) The specific operating conditions and limitations.

a. The specifications of the UAS PLATFORMS demonstrate its safe characteristics.

The UAS PLATFORMS do not create a hazard to users of the NAS, the public, or otherwise pose a threat 

to national security considering its small size, weight, speed, and operational capability. Previous 

exemptions listed above throughout [Section C] show that the UAS PLATFORMS have safe characteristics

and will operate safely. 

b. Flights of sUASs will be conducted under specific operating conditions and limitations provided by 

the 333 exemption. 

In seeking this exemption, UNMANNED AIRCRAFT SOLUTIONS plans to conduct aerial data collection

commercially over certain areas of United States, pursuant to the following specific operating

conditions and limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in 

the operating documents, sUASs weighing less than 55 pounds maximum gross weight: DJI Phantom 

3 Professional & Advanced, DJI Phantom 4, DJI Inspire 1, DJI S900, DJI S1000+, DJI Matrice 100, and

UASUSA Tempest sUASs. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant.

2. The UAS may not be flown at an indicated airspeed exceeding 20 knots for the VTOL unmanned 

aircraft and 40 knots for the fixed wing unmanned aircraft. 

3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made 

and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

4. The UAS 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. 

5. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted and any payload 

that requires control will be handled by a third team member.

6. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as both the PIC and SO always maintains VLOS capability. The SO 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 SO can perform the functions 

prescribed in the operating documents. 
14

7. The operating documents and the grant of exemption must be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the conditions 

and limitations contained in the grant of exemption and the procedures outlined in the operating 

documents, the conditions and limitations contained in the grant of exemption 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 

Administrator upon request. The operator must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted the exemption, then the 

operator must petition for 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. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 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. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

9. 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. 

The PIC who conducts the functional test flight must make an entry in the aircraft records. 

10. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, 

items, or equipment, not already covered in the relevant sections of the operating documents. 

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

replacement, inspection, and life limit requirements.

12. The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized person returning the 

UAS to service. 

13. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

14. Under this grant of exemption, a PIC must hold an airline transport, commercial, private, recreational, 

or sport pilot certificate, unless operating the DJI Phantom 3 Advanced, Professional or Phantom 4 

and granted an exemption from § 61.3 for only those specific sUASs. 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 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.

15. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights 

for the purposes of training the operator’s PICs are permitted under the terms of the 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 

nonparticipants in accordance with 14 C.F.R. § 91.119. 
15

16. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All flights must be 

operated under VMC. Flights under special visual flight rules must be obtained through a COA or 

amendment to the 333 exemption.

17. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current 

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

obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

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

Administrator upon request. 

18. 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. 

19. If the UA loses communications or loses its GPS signal, it must return to a predetermined location 

within the planned operating area and land or be recovered in accordance with the operating

documents.

20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents. 

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with at least the reserve power recommended by the sUAS manufacturer.

22. 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 

enclosed COA.

23. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

24. 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 the PIC 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.

25. The UA must remain clear and yield the right of way to all manned aviation operations and activities 

at all times. 

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

27. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC, SO, operator trainees or essential 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 and/or; 
16

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

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

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

28. All operations shall be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted.

29. During operations involving closed-set motion picture and television filming and production, the 

operator must have a Motion Picture and Television Operations Manual (MPTOM).

30. 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:

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant 

of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of the UAS; 

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

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

f. 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; 

g. Signature of exemption holder or representative; and

h. 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.

31. 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.

32. 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.

2. The FAA may prescribe any other conditions for safe operation. 
17

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. 

§ 21.16 entitled Special Conditions, UNMANNED AIRCRAFT SOLUTIONS requests that the FAA prescribe 

special conditions for the intended operation of the UAS PLATFORMS, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by the aforementioned sections of 14 C.F.R. Such special conditions will permit safe 

operation of the UAS for the limited purpose of conducting aerial data collection over certain areas of 

the United States for compensation or hire. FMRA Section 333 sets forth the requirements for 

considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, 

for operation of the UAS PLATFORMS, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features of the 

aircraft. See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special 

conditions for UNMANNED AIRCRAFT SOLUTIONS’ UAS PLATFORMS, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by the aforementioned sections of 14 C.F.R. 

CONCLUSION 

As set forth in this document, UNMANNED AIRCRAFT SOLUTIONS seeks an exemption pursuant to 14 

C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This will 

permit safe operation of the UAS PLATFORMS commercially, without an airworthiness certificate, for the 

purpose of conducting aerial data collection over certain areas of the United States. By granting this 

petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization 

and Reform Act of 2012, while also advancing the interests of the public, by allowing UNMANNED 

AIRCRAFT SOLUTIONS to safely, efficiently, and economically operate the aforementioned sUASs for 

commercial purposes.

Thank you for your time,

Christopher Davidson

Manager

Unmanned Aircraft Solutions, LLC
18

Hyperlink Addresses

DJI Phantom 3 Advanced Spec Sheet: http://www.dji.com/product/phantom-3-adv/info#specs

DJI Phantom 3 Pro Spec Sheet: http://www.dji.com/product/phantom-3-pro/info#specs

DJI Phantom 4 Spec Sheet: http://www.dji.com/product/phantom-4/info#specs

DJI Inspire 1 Spec Sheet: http://www.dji.com/product/inspire-1-pro-and-raw

DJI Matrice Spec Sheet: https://developer.dji.com/matrice-100/specs/

DJI Spreading Wings S900 Spec Sheet: http://www.dji.com/product/spreading-wings-s900/info#specs

DJI S1000+ Spec Sheet: http://www.dji.com/product/spreading-wings-s1000-plus/info#specs

UASUSA Tempest Spec Sheet: http://www.uasusa.com/products-services/aircraft/the-tempest