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Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Rupestrian CyberServices requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of DJI UAS:

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 UAS, we request an experimental 

certificate be issued for DJI UAS 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 fact that the aircraft weighs less than 55 lbs., we 

propose that DJI UAS 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." Each DJI UAS is too small to carry documentation, does 

not have an entrance, and is not capable of carrying passengers or crew. 
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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. 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: 

Manufacturer: DJI 

Models: Phantom 2 Vision+, Phantom 2, Phantom 3

Registered to: 

Rupestrian CyberServices

3644 N. Stone Crest Street

Flagstaff, AZ. 86004

(928) 526-3625

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 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. Each DJI UAS 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" 

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 

should it be found on the ground. Finally, we will display at the ground station a high contrast 

flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches 

high or greater. Since the aircraft will operate within VLOS of the PIC and VO near 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 
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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. 

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

approved Airplane Flight Manual (appendix E) must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight. 

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 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 PIC to hold a private pilot certificate with an instrument rating. 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 provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The DJI UAS ground control 

station is based on a small hand-held radio controller and, if applicable, a mobile device. 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 91.109 and provides an 

equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation provides 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. 
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To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of flight and 

the associated risks to persons and property on the ground. We maintain that due to the small 

size of each DJI UAS, the hazard to persons, vessels, vehicles, and structures is not comparable 

to manned aircraft and should be considered in granting the exemption. 

The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface.

14 CFR 91.121 Altimeter settings.

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

setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet 

AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with 

other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be 

Above Ground Level and should be based on the digitally encoded telemetric data feed, which 

downlinks from the aircraft to a ground-based on-screen display. The altitude information will 

be generated by equipment installed onboard the UAS, using GPS triangulation, digitally 

encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a 

zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. 

Since the aircraft will fly no more than 30 minutes, even rapid changes in barometric pressure 

will have limited effect on the safety of the flight. 

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 a reserve of 

energy as a safety buffer for go-arounds and other delays to landing.

Each DJI UAS is battery operated and the maximum duration of flight from a single battery 

charge is 30 minutes. Since the aircraft will never fly more than VLOS from the PIC and the VO 

near the point of intended landing, a full battery charge at launch will ensure that we meet the 

reserve energy requirement of this paragraph. The UAS will not be operated unless it can begin 

the flight with enough power to complete the intended operation and operate after that for at least 

five minutes or with the reserve power recommended by the manufacturer. 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, and 

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 
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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." 

The UAS will be maintained IAW the manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for both the system and related components. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating 

software and firmware. All other maintenance will be performed by the manufacturer. 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.

Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristic will undergo a functional test flight prior to conducting further operations. 

Functional test flights will only be conducted by a current and qualified PIC with a VO and will 

remain 500 feet from other people.

14 CFR 91.103(b) – Preflight Action

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include, “For any 

flight, runway lengths at airports of intended use, and the following takeoff and landing distance 

information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

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

contained therein.”

The PIC will take all actions including reviewing weather, flight battery requirements, aircraft 

performance data, and landing and takeoff distances before initiation of a flight. The PIC will 

also account for all relevant site-specific conditions in their preflight procedures. Risks presented 

by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a 

return-to-home sequence if needed. However, given the limited nature on how the UAS will be 

used and that all operations will not be conducted within an airport environment, takeoff and 

landing data associated with airport data will not be applicable. Therefore, we request relief 

from 91.103(b).