EMPIRICA GROUP 

Chad J. Bitterlich 

(949) 242-0290 

cbitterlich@empiricagroup.net 

October 22, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C., 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization

and Reform Act of 2012, 49 U.S.C. § 44701(f), 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”) (“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11,

Empirica Group, Inc. (“Empirica Group”) requests an exemption from the Federal

Aviation Administration regulations listed below and discussed in Appendix A to

allow Empirica Group to conduct commercial operations with the DJI Phantom 3

(“Phantom”)1, and 3D Robotics Solo “Solo”)2 small Unmanned Aircraft Systems

(“sUAS”) for aerial photography and videography in connection with property and

casualty insurance inspections conducted by Empirica Group on behalf of its clients,

which include insurance carriers, insurance agents and brokers, insurance loss control

companies ,and claims administrators and adjustors3, as well as to conduct research and

development operations to explore the use of sUAS for other insurance industry

inspection applications4.

Conducting the requested sUAS operations, including building and private property

inspection and research and development – can be done safely in the National Airspace

                                                      

1 The Phantom and older variants of the same aircraft have previously been approved for commercial use

in similar contexts. See Exemption Nos. 11138, 11153, 11189, 11191, 11195.

2 The Solo is comparable in size, performance, and functionality to the Phantom with similar safety

features (explained below).

3 The FAA has granted similar exemptions. See Exemption 11175, 11293, 11691, 11857

4 The FAA has granted similar exemptions. See Exemption 11188, 11309.
October 23, 2015

Page 2

System (“NAS”) and is in the public interest for several reasons, which are elucidated in

further detail herein and include:

1) Prevention of bodily injury to persons and loss and damage to property through

insurance inspection to identify and mitigate potential risks and hazards that

may result in bodily injury or property damage;

2) Removing safety risks associated with inspectors accessing hazardous areas,

including roofs and building exteriors where there is a danger of slips and falls;

3) Allowing inspection of otherwise physically inaccessible areas, thus improving

the insurance underwriting, claims adjusting and claims payment process;

4) Reducing time involved to conduct insurance inspections, therefore increasing

the efficiency and decreasing time required to underwrite insurance risks and

pay insurance claims.

Applicant Information:

The names of the applicant: Empirica Group, Inc.

The primary contact for this application is:

Chad Bitterlich

President

Empirica Group, Inc.

31 Keepsake

Irvine, CA 92618

Phone:  (949) 242‐0290

Email: cbitterlich@empiricagroup.net

Exemptions Requested

Empirica Group requests exemptions from the following regulations:

14 C.F.R. Part 21, Subpart H;

14 C.F.R. 61.23(a) and (c);

14 C.F.R. 61.101(e)(4) and (5);

14 C.F.R. 61.113(a) and (b);
October 23, 2015

Page 3

14 C.F.R. 61.315(a);

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(1) and (2);

14 C.F.R. 91.417(a) and (b).

Airworthiness of the sUAS

Both the Phantom and Solo are quadcopters with gimbal‐mounted cameras

manufactured by DJI and 3D Robotics, both well‐recognized manufacturers of sUAS

and related systems. The Phantom has been previously authorized to conduct

commercial operations, including property inspections, under several Section 333

exemptions5. The Solo is comparable in size, performance, and functionality to the

Phantom with similar safety features.

Technical specifications for the Phantom and Solo are summarized in the table below.

DJI Phantom 3 3D Robotics Solo

Diagonal Size 590 mm 700 mm

Gross Weight 1.3 kg (2.9 lbs) 1.8 kg (4.0 lbs)

Estimated Flight Time 23 minutes 25 minutes

Maximum Speed 16 m/s (36 mph) 25.5 m/s (55 mph)

Maximum Ascent Speed 5.0 m/s (11 mph) 5.0 m/s (11 mph)

Maximum Descent Speed 3.0 m/s (7 mph) 2.5 m/s (5.5 mph)

Operating Frequency 2.400 – 2.484 GHz (FCC Compliant) 2.4 GHz (FCC Compliant)

DJI and 3D Robotics provides a comprehensive suite of training manuals, maintenance

procedures and user’s guides for the Phantom and Solo6. Collectively, these documents

                                                      

5 See Exemption Nos. 11138, 11153, 11189, 11191, 11195.

6 The Phantom Operating Documents are attached in Appendix C. The Solo Operating Documents are

attached in Appendix D. The Phantom Operating Documents are available at http://download.dji‐

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf, and the

Solo Operating Documents are available at https://3drobotics.com/kb/solo‐user‐manual/.
October 23, 2015

Page 4

will be referred to as “Operating Documents” for each specific sUAS model. PICs will

be required to comply with all maintenance and inspection procedures outlined in the

Operating Documents.

Operating Conditions

Empirica Group requests an exemption subject to the conditions listed in Appendix B,

which are similar to the operating conditions required for the FAA’s previous grants of

exemptions under Section 333.

In accordance with the conditions approved in previous exemption grants, Empirica

Group is requesting authority to operate the Phantom and Solo within visual line of

sight and below 400 feet AGL, except as provided by FAA Air Traffic Control via COA.

These operating conditions, along with those listed in Appendix B, and the sUAS safety

features listed below provide an equivalent level of safety.

The following safety features are incorporated into both the Phantom and Solo to

ensure public safety and safe integration into the NAS:

• Auto‐Takeoff and Auto‐Land. The automated flight control systems of both

aircraft can take off and land automatically. In the event of critically low battery

power, the aircraft will land automatically.

• Return‐to‐Home. The aircraft will return to a pre‐recorded “Home Point” (a

predetermined start location within the boundaries of the privately owned

property based upon GPS coordinates) in the event of loss of controller signal,

loss of GPS signal, or low battery.

• Live Map with Failsafe and Battery Warning. The controller of each aircraft

displays a live map and GPS data to show the aircraft’s telemetry, recent flight

path, heading, bearing and distance from “Home Point,” GPS signal strength,

and radio signal strength for complete situational awareness. It also displays

battery status and low battery warnings with estimated time to return to “Home

Point” to alert the PIC and to ensure that the aircraft does not power down

unexpectedly during use.

• LED Lighting. Each aircraft has LED lights which are installed to each of the four

rotor arms to visually indicate aircraft orientation and flight control status, to

alert the PIC of possible concerns.
October 23, 2015

Page 5

• Maximum Height and Radius Settings. Before initiating a flight, the PIC may set

a maximum altitude and safe distance to prevent the aircraft from exceeding

designated altitude limits above ground level (AGL) and radius of distance from

the “Home Point.”

Operator Requirements

As a condition to the grant of the exemptions, Empirica Group will require that the PIC

hold either an airline transport, commercial, private, recreational, or sport pilot

certificate. The PIC will also hold a current FAA airman medical certificate or a valid

U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a

possession, or the Federal government. The PIC will meet the flight review

requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his

or her pilot certificate.

Empirica Group will conduct training in accordance with the Operating Limitations

specified in Appendix B. At the conclusion of the training, the PIC will be able to safely

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

this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles, and structures. This training will

include the following, to the extent necessary for the operations:

1) Perform an appropriate number of flights with the specific sUAS to be operated

to obtain flight proficiency.

2) Successfully learn and demonstrate all relevant flight maneuvers presented in

the User Manual of each aircraft.

3) Study and be knowledgeable of all relevant sections of the model‐specific User’s

Manual, Safety Guidelines, Battery Safety Guidelines, and other relevant

applicable manuals, updates, alerts, warnings and safety bulletins provided by

DJI and 3D Robotics for the specific sUAS to be operated.

Training flights will be conducted over private or controlled‐access property. Training

flights will be logged for each PIC in training in a manner consistent with 14 C.F.R. §

61.56(b).
October 23, 2015

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Empirica Group respectfully submits that operation qualifications take into account the

operating conditions and characteristics of the sUAS.

Public Interest

Empirica Group respectfully submits that using sUAS to conduct insurance inspections

in lieu of using its employees and contractors to visually inspect potentially dangerous

properties offers a safety benefit and will achieve goals of enhancing safety as

mandated under Section 333(c) of the Reform Act. Public safety will also be enhanced

through insurance inspections to identify and mitigate potential risks and hazards and

prevention of bodily injury to persons and loss and damage to property. Approval of

this application will also benefit the public interest by providing faster and more cost‐

effective insurance underwriting and claims processing.  

No national security issue is raised by the grant of the requested exemption due to the

small size, weight and load capacity of these aircraft, as well as their operating

limitations and lack of flammable fuel. All PIC’s will have previously been screened by

the Department of Homeland Security.

The grant of the requested exemption is in the public interest based on the clear

direction in Section 333 and 49 U.S.C. § 44701(f),7 the equivalent and enhanced level of

safety of the proposed operations, the significant public benefit, and cost savings to be

realized as a result of the use of sUAS for aerial inspections. Accordingly, the applicant

respectfully requests that the FAA grant the requested exemption without delay.  

Privacy

The proposed operations will be conducted in accordance with applicable federal, state,

or local laws regarding privacy. Empirica Group will not conduct flight operations over

property that it does not own or control without the prior consent and knowledge of the

property owner.

7 Pursuant to 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement of a

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

if the Administrator finds the exemption is in the public interest.”
October 23, 2015

Page 7

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in

the Federal Register, should the FAA determine that publication is needed:

Docket No.: No. FAA‐2015‐   

Petitioner: Empirica Group, Inc.

Section of 14 C.F.R.: Part 21, Subpart H, § 61.23(a) and (c), § 61.101(e)(4) and (5), §

61.113(a) and (b), § 61.315(a), § 91.7(a), § 91.119(c), § 91.121, § 91.151(a), §

91.405(a), § 91.407(a)(1), § 91.409(a)(1) and (2), and §91.417(a) and (b).

Description of Relief Sought: Empirica Group seeks an exemption to conduct

insurance inspection operations using small unmanned aircraft (55 pounds or

less).

Thank you for your prompt consideration of our requested exemptions. Should you

have any questions or need additional information to support the requested

exemptions, please do not hesitate to contact us.

Respectfully submitted,

Chad J. Bitterlich

   
October 23, 2015

Page 8

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Empirica Group requests an exemption from the following regulations as well as any

additional regulations that the FAA deems necessary to the operation of the DJI

Phantom 3 and 3D Robotics Solo sUAS:

14 C.F.R. Part 21, Subpart H:  Airworthiness Certificates

Title 14, Part 21, Subpart H of the Code of Federal Regulations establishes the procedural

requirements for the issuance of airworthiness certificates as required by § 91.203(a)(1).

Given the size and weight of the aircraft, the operating conditions, design safety features,

and the proposed conditions and limitations, it is unnecessary to go through the

certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current

safety levels. Such an exemption meets the requirements of an equivalent level of safety

under Part 11 and Section 333. Section 333 authorizes 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 sUAS

involved. In this case, an analysis of these criteria demonstrates that the sUAS operated

without an airworthiness certificate, under the conditions proposed herein, will be at

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an

airworthiness certificate. The Phantom and Solo weigh 2.9 and 4.0 pounds, respectively.

They will not carry a pilot, passenger or flammable fuel. They will operate exclusively

within a controlled area pre‐disclosed and in compliance with the conditions set forth

herein. Unlike other civil manned aircraft operations, operations under this exemption

will be tightly controlled and monitored by the PIC and Visual Observer, pursuant to the

conditions set forth in Appendix B, the Operating Documents, and local public safety

requirements. The FAA will have advance notice of all operations, to the extent required.

The lack of flammable fuel and the fact that the aircraft are carried to the location and

not flown there all establish an equivalent level of safety. The sUAS provide at least an

equivalent level of safety to that of such operations being conducted with conventional

aircraft that would be orders‐of‐magnitude larger and would be carrying passengers,

cargo, and flammable fuel.

14 CFR § 61.23(a) & (c)
October 23, 2015

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Section 61.23(a) requires a person exercising the privileges of a transport pilot certificate

to hold a first‐class medical certificate, the privileges of a commercial pilot certificate to

hold a second‐class medical certificate, and the privileges of a private or recreational

pilot certificate to hold a third‐class medical certificate. Section 61.23(c) requires a

person to hold a medical certificate or U.S. driver’s license when exercising the

privileges of a sport pilot certificate in a light‐sport aircraft other than a glider or

balloon. The operations proposed herein will provide an equivalent level of safety by

complying with the conditions and limitations of this exemption. The FAA has found

that these conditions and limitations provide an equivalent level of safety in numerous

previous exemptions, including but not limited to Exemptions 11213, 11252, 11275,

11277, and 11278.

14 C.F.R. § 61.101 (e)(4) & (5): Recreation Pilot Privilege and Limitations; 14 C.F.R. §

61.315(a)

Section 61.101(e)(4) prohibits a recreational pilot from acting as pilot in command of an

aircraft for compensation or hire. Section 61.101(e)(5) prohibits a recreational pilot from

acting as pilot in command of an aircraft in furtherance of a business. Section 61.315(a)

authorizes persons holding a sport pilot certificate to act as pilot in command of a light‐

sport aircraft. As with previous Section 333 exemptions,8 an equivalent level of safety is

established because (1) the aeronautical knowledge requirements that would be

applicable to sUAS operations for a recreational pilot and sport pilot certificate were

substantially similar as those for a private pilot certificate; (2) holders of recreational

and sport pilot certificates are subject to security screening by the Department of

Homeland Security; and (3) risk was mitigated through conditions and limitations

regarding PIC training.

14 C.F.R. §§ 61.113(a) & (b): Commercial Pilot Privileges  

Sections 61.113(a) & (b) limit private pilots to non‐commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the UAS are remotely

controlled with no passengers or property of others on board. The area of operation is

controlled and restricted, and all flights are planned and coordinated in advance as set

forth in the Operating Documents. In conjunction with the PIC’s required training, the

level of safety provided by the requirements included in the Operating Documents

meets or exceeds that provided by a single individual holding a commercial pilot

8 See, e.g., Exemption Nos. 11310, 11311, 11312, 11313, 11315.
October 23, 2015

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certificate operating a conventional aircraft. The proposed operations will achieve at

least an equivalent level of safety.

14 C.F.R. § 91.7:  Civil aircraft airworthiness

Section 91.7 requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the

sUAS without an airworthiness certificate, no standard will exist for airworthiness of

the sUAS. Given the size of the aircraft and the requirements that Empirica Group has

agreed to as it relates to airworthiness, as contained in the manual, an equivalent level

of safety will be achieved by insuring compliance with the manuals prior to each flight.

The FAA has granted exemptions to conduct similar operations9.  

14 C.F.R. § 91.119(c): Minimum Safe Altitudes  

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically,

Section 91.119(c) limits aircraft flying over areas other than congested areas to an

altitude of 500 feet above the surface, except over open water or sparsely populated

areas. In those cases, the aircraft may not be operated closer than 500 feet to any person,

vessel, vehicle, or structure. Because the aerial photography and videography work

must be accomplished at altitudes less than 500 feet AGL an exemption is required. The

equivalent level of safety will be achieved given the sUAS’ size, weight, speed, and

proposed operating conditions. sUAS operations will be conducted over private or

controlled‐access property with consent granted by the property owner/controller or

authorized representative prior to each operation.

14 C.F.R. § 91.121: Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain cruising altitude

by reference to an altimeter that is set “to the elevation of the departure airport or an

appropriate altimeter setting available before departure.” The Phantom’s and Solo’s

Inertial Measurement Units incorporate barometric altimeters, but they cannot be

changed to the elevation of the departure location. Rather, upon initialization, the sUAS

calibrate their positions without user input and transmit a single altitude measurement

to the ground station. Thus, an exemption is required. An equivalent level of safety will

9 See Exemptions 11062 through 11067, 11080 and 11110
October 23, 2015

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be achieved by the operator, pursuant to the Operating Documents, confirming the

altitude of the launch site shown on the altitude indicator before flight.

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

This regulation prohibits an individual from beginning “a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing and, assuming normal cruising

speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes.” The Phantom and Solo batteries provide

approximately 25 and 23 minutes of powered flight, respectively. Without an

exemption from 14 C.F.R. § 91.151, the sUAS flights would not be allowed. Given the

limitations on its proposed operations, allowing the sUAS to operate without the

required reserve fuel is reasonable and is consistent with prior exemptions.10 An

equivalent level of safety will be achieved because operating the sUAS without 30

minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was

meant to prevent given the size and speed at which the sUAS operate. In the unlikely

event that a sUAS should run out of battery power, it would simply land. Given the

sUAS’s weight and construction material, the risks are less than contemplated by the

current regulation. Pursuant to Operation Limitations, Empirica Group will require the

UAS to return home and land when the battery reaches 30% capacity.

14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) & (b): Maintenance

required, Operation after maintenance, Inspections, Maintenance Records

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter.” Section 91.407 similarly makes reference to

requirements in Part 43. Section 91.409(a)(2) requires an annual inspection for the

issuance of an air worthiness certificate. Section 91.417(a) requires the owner or

operator to keep records showing certain maintenance work that has been

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of

approval of the aircraft for return to service. An equivalent level of safety will be

achieved by complying with the Operating Documents maintenance and inspection

requirements because the sUAS will carry no external payload, will operate only in

10 See Exemption 10673, 10673 and 10808.
October 23, 2015

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restricted predetermined areas. In addition, the PIC will ensure that the sUAS is in

working order prior to initiating flight, perform required maintenance, and keep a log

of any maintenance that is performed. Moreover, the PIC is the person most familiar

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and

to ensure an equivalent level of safety.

Unless otherwise specified in this grant of exemption, the sUAS, the sUAS PIC, and the

UAS operations must comply with all applicable parts of 14 C.F.R. including, but not

limited to, parts 45, 47,61 and 91.   
October 23, 2015

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APPENDIX B

EMPIRICA GROUP OPERATING LIMITATIONS

1) Operations authorized by the grant of exemption are limited to the following

aircraft: DJI Phantom 3 and 3D Robotics Solo.

2) The DJI Phantom 3 shall not be flown at a speed exceeding 16 m/s. The 3D

Robotics Solo shall not be at flown at a speed exceeding 25 m/s.  

3) The sUAS will not be operated at an altitude more than 400 feet above ground

level (AGL). All altitudes reported to ATC shall be in feet AGL.  

4) The sUAS must be operated within visual line of sight 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.  

5) All operations must use a Visual Observer (VO). The VO and PIC must be able to

communicate verbally at all times. The PIC must be designated before the flight.

The PIC must ensure that the VO can perform the functions prescribed in the

operating documents.  

6) The operating documents and this grant of exemption must be accessible during

UAS operations and made available to the Administrator upon request. If a

conflict exists between the conditions and limitations in the exemption and the

procedures outlined in the operating documents, the conditions and limitations

in the exemption take precedence and must be followed. Otherwise, Empirica

Group must follow the procedures as outlined in its operating documents.

Empirica Group may update or revise its operating documents. It is Empirica

Group’s responsibility to track such revisions and present updated and revised

documents to the Administrator upon request. Empirica Group must also

present updated and revised documents if it petitions for extension or

amendment to this grant of exemption.  

7) Prior to each flight the PIC must inspect the sUAS to ensure that it is in a

condition for safe flight. The PIC shall not operate the aircraft if the inspection

reveals a condition that affects the safe operation of the sUAS until the necessary
October 23, 2015

Page 14

maintenance has been performed and the sUAS is found to be in a condition for

safe flight. The Ground Control Station, if utilized, must be included in the

preflight inspection. All maintenance and alternations must be properly

documented in the aircraft records.  

8) Any sUAS that has undergone maintenance or alterations that affect the sUAS

operation or flight characteristics (e.g., replacement of a flight critical component)

must undergo a functional test flight in accordance with the Operator’s Manual.

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

aircraft records of the flight. The requirements and procedures for a functional

test flight and aircraft record entry shall be included in the Operator’s Manual.  

9) The pre‐flight inspection must account for all discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of

the operating documents.  

10) Empirica Group must follow DJI’s and 3D Robotics’ aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.  

11) Empirica Group 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 person authorized to return the

sUAS to service.  

12) Each sUAS operated under this exemption must comply with all manufacturer

Safety Bulletins.  

13) The PIC must hold either an airline transport, commercial, private, recreational,

or sport pilot certificate. The PIC must also hold a current FAA airman medical

certificate or a valid U.S. driver’s license issued by a state, the District of

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The

PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56

in an aircraft in which the PIC is rated on his or her pilot certificate.  

14) Empirica Group may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the
October 23, 2015

Page 15

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

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures.13 PIC

qualification flight hours and currency must be logged in a manner consistent

with 14 C.F.R. § 61.51(b). The PIC must ensure that the VO is trained

appropriately in order to fulfill his or her duties. A record of training and

qualification must be documented and made available 13 Prior documented

flight experience that was obtained in compliance with applicable regulations

may satisfy this requirement upon request by the Administrator. Flights for the

purposes of training the operator’s PICs and VOs (training, proficiency, and

experience‐building), are permitted under the terms of this exemption. However,

training operations may only be conducted during dedicated training sessions.

During training, proficiency, and experience‐building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must

operate the UA with appropriate distance from nonparticipants in accordance

with these operating conditions.  

15) Operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

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

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

16) The sUAS 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 Empirica Group’s COA.

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

the Administrator upon request.  

17) The sUAS may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.  

18) If the sUAS loses communications or loses its GPS signal, the sUAS must return

to a pre‐determined location within the private or controlled‐access property.  

19) The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the Operator’s Manual.  
October 23, 2015

Page 16

20) The PIC will be 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 sUAS with 30% battery power

remaining in accordance with the operating documents.  

21) All aircraft operated in accordance with the requested 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 shall be as large as practicable.

22) The radio frequency spectrum used for operation and control of the sUAS must

comply with Federal Communication (FCC) or other appropriate government

oversight agency requirements.  

23) The documents required under 14 C.F.R. § 91.9 and § 91.203 must be available to

the PIC at the Ground Control Station of the sUAS any time the aircraft is

operating. These documents shall be made available to the Administrator or any

law enforcement official upon request.  

24) The sUAS must remain clear and yield the right of way to all other manned

aircraft operations and activities at all times.  

25) The sUAS may not be operated from any moving device or vehicle.  

26) The sUAS may not be operated over congested or densely populated areas.

27) Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, structures, and public access roads unless barriers or

structures are present that sufficiently protect nonparticipating persons from the

sUAS 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 sUAS, flight operations must cease immediately, or the owner/controller of

any vessels, vehicles or structures has granted permission for operating closer to

those objects and the PIC has made a safety assessment of the risk of operating

closer to those objects and determined that it does not present an undue hazard.  
October 23, 2015

Page 17

28) Operations nearer than 500 feet to the PIC, VO, operator trainees or essential

persons as defined in the operating documents are permitted if those operations

do not present an undue hazard to those persons per § 91.119(a) as determined

by the PIC.  

29) All operations must be conducted over private or controlled‐access property.  

30) Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA will

be reported to the Federal Aviation Administration’s (FAA) UAS Integration

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

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web

site: www.ntsb.gov. Further flight operations will not be conducted until the

incident, accident, or transgression is reviewed by AFS‐80 and authorization to

resume operations is provided.

31) No person may participate in sUAS flight operations in any capacity if they are

under the influence of alcohol or any drug.
APPENDIX C

DJI PHANTOM 3 ‐ OPERATING DOCUMENTS

Available for download at:

http://download.dji‐innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf
APPENDIX D

3D ROBOTICS SOLO ‐ OPERATING DOCUMENTS

Available for download at:

https://3drobotics.com/kb/solo‐user‐manual/