ATTN: U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, S.E. West Building Ground Floor, Room W12-140 

Washington, DC 20590 

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11.81 of the Federal 

Aviation Regulations 

July 30, 2015 

Petitioner: 

AIRLEX Intelligent Solutions, LLC

D. Stewart Ditto II, President

136 Cherokee Park

Lexington, Ky 40503

Tel.: 859.797.8665

Email: stewart@lexingtongroup.co

Dear Sir or Madam, 

This petition is being submitted on our own behalf without legal counsel or consulting services. Currently we are 

establishing ourselves as a service disabled veteran owned small business. Combined, AIRLEX includes 4 Winged 

Naval Aviators. We have a total of nearly 5000 hours of manned flight time, and 10,000 hours of UAS Commander

Flight time. As winged Naval Aviators each of us are licensed as the following: airplane single engine land, 

instrument airplane, instrument rotorcraft, and commercial pilots. All UAS flights conducted under this exemption 

will include a licensed pilot with experience in interacting with the complexity of airspace rules and regulations in 

the United States and abroad.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 

11.81, AIRLEX, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its small, unmanned aircraft for photogrammetry, inspection, and analyses. All operations 

shall be conducted within and under the conditions and limitations outlined previously by the FAA as required by 

Section 333 and conducted in compliance with the UAS operator’s manuals. 

1. Sections from which exemptions are sought: Application is hereby made for exemption from: 

a. 14 CFR Part 21 

b. 14 CFR 45.23

b. 14 CFR Part 61.113(a) and (b) 

c. 14 CFR Part 91: 

i. 91.7 (a)

ii. 91.9 (b) (2)

iii. 91.103(b)(2) 

iv. 91.105 

v. 91.109 

vi. 91.119 

vii. 91.121 
viii. 91.151 

ix. 91.203 (a) & (b)

x. 91.205 (b)

xi. 91.215

xii. 91.401-417

AIRLEX believes an exemption is only needed from the above-listed regulatory provisions. To the extent that the 

FAA believes that additional relief is required for AIRLEX to conduct the operations described within, we request an 

exemption from any such regulatory provisions as well.

2. Relief sought: 

a. AIRLEX wishes to operate small Unmanned Aircraft Systems (UAS) for commercial purposes to include:

i. Aerial Land Surveying & Mapping

ii. Construction Monitoring

iii. Agricultural Surveying

iv. Real Estate Photography

v. Oil/Gas Inspections

vi. Forest and Land Management

vii. Product Demonstrations

b. This exemption will cover use of the following airframes, all of which will weigh less than 55 pounds 

including payload and energy sources: 

i. DJI Phantom 3 (see www.dji.com/product/phantom-3)

ii. DJI Phantom 2 (see www.dji.com/product/phantom-2) 

iii. Precision Hawk Lancaster (see www.precisionhawk.com/#contactUs1)

iv. Aeryon Skyranger (see www.aeryon.com/aeryon-skyranger)

3. Public benefit: 

a. Use of UAS technology to obtain imagery, information and data currently obtained by use of manned 

flight or manual methods: 

i. Reduces statistical risk to human life due to manned aircraft accidents (e.g., infrastructure 

inspections) and due to other dangerous activities that can be avoided (e.g., scaffolding/rigging 

failures during stack or bridge inspections). 

ii. Reduces the cost of time obtaining such information, which benefits consumers and the 

economy. 

iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned 

aircraft. 

4. Safety not adversely affected: 

a. Aircraft will comply with maintenance and inspection requirements of the manufacturer. All repair and 

maintenance work will be conducted or approved by qualified personnel, and will require a test flight 

after such work. 

b. All flight operations will be conducted by at least two individuals (PIC and observer) who will maintain 

verbal communication capability with each other at all times during the flight, and who will remain 

stationary on the ground during the flight operations: 

i. A Pilot In Command (PIC) who possess the following credentials: 

1. An Airman Certificate issued under 14 CFR 61 (private pilot license) screened by the 

TSA 

2. A Third Class medical certificate issued under 14 CFR 67. 

3. A bi-annual flight review under 14 CFR 61.56 

4. Successful completion of a UAS knowledge test in a specified form. 

5. At least 200 cycles and 25 hours of flight experience in a UAS rotorcraft (or UAS fixedwing in the case of fixed-wing flight operations under this exemption). Such cycles and 
hours may be gained during flights under this exemption if a safe distance is maintained 

from persons in accordance with 14 CFR 91.119. 

6. At least 5 hours of flight experience and 3 takeoffs and landings in make and model 

being flown in the prior 90 days. Such cycles and hours may be gained during flights 

under this exemption if a safe distance is maintained from persons in accordance with 

14 CFR 91.119. 

ii. A Visual Observer. 

iii. A Sensor Operator as necessary. 

c. All flight operations will be conducted in accordance with valid Certificates of Authorization. 

d. All flight operations will comply with the following: 

i. The manufacturers’ user manuals. 

ii. AIRLEX Flight Operations and Procedures Manual (FOPM) and Aircraft Flight Manuals (AFM) 

which include lost communication and other emergency and safety procedures. 

iii. Conducted in VMC conditions during daylight hours. 

iv. PIC and VO will maintain VLOS at all times. 

v. Pre-flight inspections (including ground control station, if any) and safety risk assessments will 

be conducted prior to each flight. 

vi. Flight altitudes will remain below 400 feet above ground level. 

vii. Flight ground speeds will not exceed 50 knots. 

viii. Maximum flight time for each operational flight will be 50 minutes.

ix. Flights will be terminated at 20% battery power reserve should that occur prior to the 50 

minute limit.

x. Not intrude into Class B, C or D airspace, or published approach, SID or STAR, or take place 

within 5 nautical miles of an airport. 

xi. When flying UAS within 3 miles of an airport, shall submit a Plan of Activities to the local

Flight Standards District Office (FSDO) at least 3 days before the planned flight in accordance

with FAA guidelines.

xii. Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground 

without their prior permission. 

xiii. Each flight will be logged in both the PIC’s logbook and the aircraft logbook. 

xiv. Any incidents will be reported within 24 hours of occurrence. 

xv. AIRLEX will maintain liability insurance, issued by a major aviation insurance underwriter. 

xvi. Any applicable local FSDO requirements. 

xvii. All other applicable regulations concerned with the operation of aircraft. 

e. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with well-defined and 

tested lost link procedures. 

Please advise us of any additional information or changes that may be required. 

Semper Fi, 

D. Stewart Ditto II

AIRLEX, President

1st Lt, USMC (Ret.)