November 20, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

VIA FEDERAL DOCUMENT MANAGEMENT SYSTEM

RE: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Sir or Madam:

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

CFR Part 11, Drone Graphics, Inc., (a Florida corporation dba DR1Graphics) seeks an exemption from 

Federal Aviation Regulations (“FARs”) detailed below for the following described small Unmanned Aerial 

System (called in this application the “DR1G System”), which includes a small Unmanned Aircraft (UA) 

and a Ground Station (GS), consisting of ground-based equipment and crew.

DESCRIPTION OF THE UNMANNED AIRCRAFT (UA):

A lightweight (3.2 pound gross weight with all on-board equipment), lithium polymer battery operated 

4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured by DJI

Innovations, Inc., Model Phantom 3 Professional, that includes the following equipment in flight:

1. An on-board flight computer with GPS navigation and location ability that receives signals for 

flight controls from a ground-based transmitter/controller;

2. An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

3. An on-board telemetry system that delivers flight data from the on-board flight computer to the 

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass 

direction of flight and direction back to its launch site;
4. A 2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus all 

the flight data from the telemetry system described above;

DESCRIPTION OF THE GROUND STATION (GS):

The Ground Station consists of the following personnel and equipment elements:

1. A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and 

who controls the UA while it is in the air;

2. A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while it is in flight;

3. A radio receiver receiving live video and flight data from the on-board camera and computer 

projects it all together onto a smartphone or tablet screen for the PIC to view during flight;

4. A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA 

while it is in flight.

The requested exemption would support an application for a commercial Certificate of Authorization to 

use the above described DR1G System to support aerial data collection, including aerial photography 

and video for commercial purposes (primarily of real estate property, boats and marine property, and 

special events such as weddings, reunions, corporate events or functions, and other privately organized 

gatherings of people for similar purposes. Other uses may include aerial surveys of property for 

evidence of insurability or for damage claims, support of search and rescue or tactical operations at the 

direction of contracted local, county, and state law enforcement agencies, and security surveys for 

public or private entities).

SERVICE OF THE PUBLIC INTEREST

The UA, powered by lithium polymer battery, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel. It operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thus enhance safety and diminish the likelihood of death or 

serious bodily injury as compared to a full sized, manned aircraft. With a small payload, limited speed, 

limited climb and descent rates, and a maximum flight time of 23 minutes, the UA offers little or no risk 

to national security.

Low-altitude perspective photos and video from several angles – especially low angles – are far more 

effective than ground-based imagery for displaying (as an example) the characteristics of large, complex 

properties, which may have several buildings, large trees, and unique design or location features best 

visible from low altitude. The alternative could be to charter a full-sized helicopter for this purpose, 

which is significantly more costly than many potential clients are able to afford. The benefits of reduced 

cost and improved quality of low-altitude, low angle perspectives in the data captured from the UA will 

be valuable to and benefit many buyers and sellers of real property and marine property.

In the case of some sporting or special events, the UA may operate in remote or extreme locations 

where ground-based video recording could potentially put the camera crew in harm’s way. The UA is a 

safer way to capture these sporting or special events.

Additionally, we request that we be allowed to use our system to benefit first responders nearby who 

might require assistance in a variety of public safety applications, including local (municipal) firefighters 

and police, county public safety agents and sheriffs, and state agents. These applications could include, 
but are not limited to: Search and Rescue, Tactical Surveillance, Crime Scene or Fire Scene Management, 

Evidence Collection, Training Enhancement, Water Management, Wildlife, Fish and Game Management, 

and the like. All of these operations, when conducted within the limitations cited in this application, 

serve the public interest in tangible ways.

STATEMENT OF COMPLIANCE WITH RULES AND REGULATIONS

The DR1G System will be operated in the field with both a PIC and a VO in accordance with FAA Notice N 

8900.227, Paragraph 14 “Operational Requirements for UAS” and with the following Restrictions:

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations will occur in FAA Class G airspace at no more than 400 feet AGL, at an airspeed of 

no more than 50 knots and no further than .75 NM from the PIC;

c) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate by 

voice at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property owner;

e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten 

hours logged as a UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to operation;

g) The DR1G System will not be operated over densely populated areas;

h) The DR1G System will not be operated at air shows;

i) The DR1G System will not be operated directly over any open-air assembly of people;

j) The DR1G System will not be operated over heavily trafficked roadways;

k) The DR1G System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to daytime only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and other parties with interest in the flight about the operation and risk 

before the first flight at each new location;

n) No flight shall be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight (see Appendix A).

The PIC and VO will meet the requirements outlined in FAA Notice N 8900.227 Section 16 “Personnel 

Qualifications.” Additionally, the PIC and VO will perform maintenance on the DR1G System and will 

complete a course of maintenance instruction as part of their initial training.

We submit that the combination of the UA’s light weight, flight performance and ability, fully qualified 

flight crew and strict operation under the guidelines established in FAA Notice N 8900.227, and under all 

of the Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will 

have an equivalent or greater level of safety than manned aircraft performing the same mission.

The name and contact information of the applicant are:

Drone Graphics, Inc., dba DR1Graphics

Attention: W. David Robshaw, President

Address:1832 NW 48 Terrace, Coconut Creek, FL, 33063

Phone: (954) 914-5028

Email: David@DR1Graphics.com
The regulations from which an exemption is requested are listed below. Beside each regulation number 

is the page of the attached Addendum upon which each may be found together with our proposed 

equivalent level of safety for each regulation:

-14 CFR Part 21.............................................................................................................................Addendum Page 1

-14 CFR 91.203..............................................................................................................................Addendum Page 1

-14 CFR 45.23 and 45.29.............................................................................................................Addendum Page 2

-14 CFR 91.9..................................................................................................................................Addendum Page 2

-14 CFR 61.113 and 61.133.........................................................................................................Addendum Page 3

-14 CFR 91.109.............................................................................................................................Addendum Page 3

-14 CFR 91.119.............................................................................................................................Addendum Page 3

-14 CFR 91.121.............................................................................................................................Addendum Page 4

-14 CFR 91.151.............................................................................................................................Addendum Page 4

-14 CFR Subpart E (91.401 - 91.417) .........................................................................................Addendum Page 4

-FAA Notice N 8900.227 Para 16(c)(4) and Para 16(e)(1).......................................................Addendum Page 4

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level 

of safety. Please contact us at any time if you require additional information or clarification. We look 

forward to working with your office.

Sincerely,

W. David Robshaw, President

Drone Graphics, Inc.

Addendum containing Exemption Requests and Equivalent Level of Safety

Appendix A – DR1G System Flight Manual
ADDENDUM................................................................................................................................................PAGE 1

STATEMENTS OF EXEMPTION REQUESTS AND PROVISION OF EQUIVALENT LEVEL OF SAFETY

Drone Graphics, Inc. (dba DR1Graphics) requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the DR1G System:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DR1G System under either or both of the following 

provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA’s light weight, being constructed primarily of high 

impact lightweight plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.”

At a maximum gross weight of 3.2 pounds (with camera payload), the UA is too small to carry the 

required documentation, does not have an entrance, and is not capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control 

station and available for inspection upon request.
ADDENDUM................................................................................................................................................PAGE 2

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word “EXPERIMENTAL” to satisfy the requirement of 14 CFR 45.23, which follows 

immediately after the proposed placard description below:

EXPERIMENTAL

Manufacturer: DJI Innovations, Inc.

14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18

Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057

If found please contact: (954) 914-5028

14 CFR 45.23 Display of marks, general and 45.29 Size of marks.

These regulations provide that each aircraft must display “N” and the aircraft’s registration number in 

letters at least three inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in 

letters at least two inches high near the entrance to the cabin, cockpit, or pilot station.

The UA does not have an entrance in which the word “EXPERIMENTAL” can be placed, and may not have 

a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by 

including the word “EXPERIMENTAL” in a placard on the top of the aircraft, where the PIC, VO and 

others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the

aircraft’s registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words “Unmanned Aircraft Ground Station” in letters 

three inches high or greater. Since the aircraft will operate within .75 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its point of 

origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft.

We assume that the intent of this requirement is to ensure that flight manual information is available to 

the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft 

is not only too small to carry documentation, the documentation would not be available to the crew 

during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

UA Flight Manual (See Appendix A, DR1G System Flight Manual) must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight.
ADDENDUM................................................................................................................................................PAGE 3

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command, and 61.133 Commercial pilot 

privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command 

of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property 

for compensation or hire.

Our proposed operations require that the PIC must either:

1. Hold a Private Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience 

in this type of UA, or

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in 

which the PIC is required to complete “FAA private pilot ground instruction” and pass “the FAA 

Private Pilot written examination.”

Since there are currently no means available for the pilot of a UAS to gain the experience in an 

equivalent category and class in order to apply for a commercial pilot’s license, we propose to generate 

an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA private pilot ground 

instruction and pass the FAA Private Pilot written examination or to hold a valid private pilot certificate. 

Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls."

The DR1G System ground-based control station consists of a small hand-held radio transmitter and 

smartphone or tablet and while it does not offer a second set of “controls,” both the student and 

instructor can, and will, operate the single set of controls simultaneously. With both student and 

instructor having “hands-on” the controls during flight, we feel that this technique meets the intent of 

91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 

feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety we will only fly over privately owned property with preflight consent obtained from the property owner. The aircraft will not be operated over congested areas 

or over any open air assembly of persons. The property owner will be briefed on the expected route of 

flight and the associated risks to persons and property on the ground. The aircraft will be operated at a 

low altitude allowing, in the event of a power unit failure, an emergency landing without undue hazard 

to persons or property on the surface. We maintain that due to the small size and weight of the UA, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption.
ADDENDUM................................................................................................................................................PAGE 4

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the UA on-board computer to the display screen observed by the PIC, 

providing a constantly updated altitude AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes.

We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. The UA is battery operated and the maximum duration of flight from a single battery charge is 

18 minutes with a 20% reserve. Since the aircraft will never fly more than .75 NM from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy"

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be “approved for return to service by a person authorized under 43.7” after 

maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and “be authorized to 

approve the aircraft for return to service.” As provided in the Pre-Flight Checklist in Appendix A, the PIC 

will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct 

detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or 

their designated repair facility. The PIC will document work performed in accordance with 91.417. We 

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.

8900.227 Para 16(c)(4) PIC Medical, and Para 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate 

issued under Part 67 in order to perform as a pilot or observer.

The UA maximum gross weight is 3.2 pounds, it is constructed of high impact plastic and the PIC is not 

on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC 

and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to 

the site of launching and land without crew intervention.
Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot 

carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 

and a valid, state issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO 

can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.
APPENDIX A – DR1G SYSTEM FLIGHT MANUAL

FLIGHT RESTRICTIONS 

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400’ AGL, at an airspeed of no 

more than 50 knots and no further than .75 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate 

verbally at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property owner; 

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51 (b), a minimum 

of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot and at least ten hours logged as a 

UA pilot with a similar UA type;

f) All required permits will be obtained from state and local government prior to operation;

g) The DR1G System will not be operated over densely populated areas;

h) The DR1G System will not be operated at air shows;

i) The DR1G System will not be operated over any open-air assembly of people;

j) The DR1G System will not be operated over heavily traveled roadways;

k) The DR1G System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to daytime only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the first flight at 

each new location;

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST

1. Remote controller battery, UA battery, and mobile display device battery are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro-SD card has been inserted in on-board camera, if necessary.

4. Camera gimbal functions as normal.

5. UA motors can start and function as normal.

6. Wireless connection between DJI Pilot “app” and the UA is established.

7. If operating outdoors, the UA’s internal compass is calibrated, consistent with manufacturer’s 

instructions.

8. If operating outdoors, the UA has established a strong GPS/GLONASS system “lock.”

9. 

TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature is 

activated and will bring the UA back to the launch site and the PIC.