Drone Solutions, LLC

Attn: James D. Morgan

1750 Highway 70 East

Lenoir City, TN 37772

August 18, 2015

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 from 

14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 

(a)(1); and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act), Drone 

Solutions, LLC (Applicant) hereby applies for an exemption from the above-listed Federal Aviation 

Regulations (FARs) to allow commercial operation of its small unmanned aircraft systems (UASs) as 

more fully described herein, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. This request for 

exemption is similar to many previously submitted requests that have received exemption.

The name and address of the Applicant is:

Drone Solutions, LLC

Attn: James D. Morgan

1750 Highway 70 East

Lenoir City, TN 37772

Phone: 865.323.6466

Proposed commercial uses by Drone Solutions, LLC of a UAS equipped with a camera and/or sensors

would include aerial photography, video and data collection for the following purposes:

1. Real estate marketing and inspection, environmental monitoring and investigations,

agricultural support, and other related professional activities.

2. Public events, private events (e.g. reunions, weddings, etc.), tourism promotion, and news 

gathering.
3. Assistance with search and rescue operations in cases of an emergency or natural disaster or 

when otherwise approved by local authorities, government or other agency in charge.

4. Inspection and marketing of private facilities (e.g. golf courses, resorts, corporate facilities,

etc.)

Drone Solutions, LLC will operate a variety of UASs, including:

 DJI Phantom 2 Vision +,

 DJI Phantom 3, 

 DJI Inspire 1, and 

 DJI Spreading Wings models.

Each of these UAS are readily-available UAS available to the general public. Each UAS will be powered 

using lithium polymer batteries and controlled with a remote transmitter operating on 2.4 GHz band. 

Applicant will operate the UAS in line of sight within a predetermined area. Additional specifications for 

the DJI Phantom 2 Vision + are contained in the User Manual (Appendix A).

James D. Morgan, owner of Drone Solutions, LLC, is an experienced UAS operator and a member of the 

Academy of Model Aeronautics. Drone Solutions, LLC intends to conduct aerial photography, video and 

data collection as described above. Mr. Morgan is a Professional Geologist with over 25 years 

conducting environmental consulting and water-resources investigations and is aware of the benefits and 

safety precautions associated with using UAS for the safe and efficient accomplishment of environmental

monitoring and investigations. Mr. Morgan is a Private Pilot (Certificate #3728638) with a current Third 

Class Medical Certificate and is knowledgeable about national airspace and other relevant issues.

The requested exemption would permit the operation of a UAS in the national airspace under conditions 

that will be limited and that will provide safety enhancements to the already safe operations in the 

industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to establish 

requirements for the safe operation of such aircraft systems in the national airspace system.

The specific section or sections of 14 CFR from which Drone Solutions, LLC seeks an 

exemption.

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)
14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

An exemption from 14 CFR 21 is not necessary, based on the size, weight, speed, and limited 

operating area associated with the UASs and operations described in this exemption request. 

Given the small size of the UAS and the controlled environment in which the UAS will operate, the 

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, including but not 

limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly, Applicant requests that the FAA grant the requested exemption with minimum delay.

The extent of relief that Drone Solutions, LLC seeks and the reason that we seek the relief.

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private (versus commercial) pilot 

certificate may act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. 

Drone Solutions, LLC will achieve an equivalent level of safety compared with current Regulations 

because our UASs do not carry any pilots or passengers nor property. The risks associated with the 

operation of UAS are far less than the risk levels inherent in the commercial activities outlined in 

14 CFR 61.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft no FAA regulatory standard will exist 

for determining airworthiness. An equivalent level of safety will be provided by conducting 

maintenance and inspections in accordance with the manufacturer’s user manuals and checklists.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual, Markings and Placard Requirements.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

The UASs proposed for use herein have no ability or place to carry a flight manual on the aircraft due to 

their small size and configuration. In addition, any flight manual that might be carried onboard a UAS 

would not be available for use by the UAS operator located on the ground. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it.
14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. 

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be

needed. In order to provide an appropriate and equivalent level of safety the UAS operator will take all 

actions contained in the user manuals and pre-flight checklists including, but not limited to, reviewing 

the physical setting where the UAS will be utilized, weather conditions, flight battery requirements, 

UAS settings for safety features such as Return to Home (RTH), and aircraft performance data before 

initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.109 provides, in part, that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

UAS flight control is accomplished with a control box, operated by a pilot on the ground, which

communicates with the aircraft via radio communications. UAS by their design do not have fully 

functional dual controls. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. 

The equivalent level of safety will be provided due to the fact that neither a pilot nor passengers will 

be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to 

be operated at lower altitudes in certain conditions, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the FAA. 

As this exemption is for a UAS that is a helicopter and the exemption requests authority to oper ate 

between land surface and altitudes up to 400 feet AGL, an exemption may be needed to allow such 

operations. As set forth herein, the UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between 

these UAS operations and the operations of conventional aircraft that must comply with Section 

91.119.
14 C.F.R. §91.121 Altimeter Settings.

14 CFR 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter , and further describes various options for obtaining an appropriate altimeter setting (such 

as a setting from a station along the route of flight and within 100 nautical miles, a setting from the 

departure airport, or another appropriate station).

As the UAS may not have a barometric altimeter, but instead an altitude determined by GPS, an 

exemption may be needed. An equivalent level of safety will be achieved by confirming that the GPS 

altitude reading for the ground station is 0 feet AGL prior to flight, monitoring in-flight altitude 

information, and utilizing the programing capabilities to produce visual and audible alerts associated 

with a maximum permitted altitude.

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

Section 91.151 (a) 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.”

Relief from 14 CFR 91.151 is needed because without an exemption the flight time duration of the 

battery-powered DJI would be severely constrained and it would be impractical to use the UAS for the 

purposes proposed herein. To achieve safe flight and maintain a safe reserve of battery power, UAS 

flights would be conducted with enough available power for the UAS to conduct the intended operation 

and to operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area.

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

These regulations require, among other requirements, 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...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

These regulations apply only to aircraft with an airworthiness certificate and will not apply to Applicant. 

An equivalent level of safety will be achieved because the UAS maintenance will be accomplished by 

the operator pursuant to the manufacturer’s user manual and the operator will ensure that the UAS is in 

working order prior to initiating flight and perform required maintenance. 
Reasons why the exemption will not adversely affect safety, or how the exemption would 

provide a level of safety at least equal to the existing rule. 

The exemption proposed herein for Drone Solutions, LLC will not adversely affect safety. The 

following proposed operating limitations and conditions will provide for safe UAS flight.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO). The PIC and VO will be able to communicate verbally at all times.

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated location 

and land autonomously. Manufacturer’s procedures for the return-to-home (RTH) feature, 

such as those described in the User Manual for the DJI Phantom 2 Vison + (Appendix A) 

will be followed.

 Manufacturer’s procedures for pre-flight inspections and flight operations such as those 

contained in the User Manual for the DJI Phantom 2 Vision + (Appendix A) will be 

followed. In addition a proprietary checklist (Appendix B) will be followed, and the 

checklist will be modified and expanded as more flights are taken in order to continually 

improve flight safety and efficiency. 

 The PIC will not begin a flight unless there is enough available power for the UAS to 

conduct the intended operation and to operate after that for at least five minutes or with the 

reserve power recommended by the manufacturer, if greater.

 Flights will be operated at an altitude of no more than 400 feet above ground level (AGL).

 The PIC will hold either a sport, recreational, private or commercial pilot’s license along 

with a Third Class or higher medical certificate. 

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/ ARP of a tower controlled 

or uncontrolled airport the respective airports will be contacted advising them of the estimated 

flight time, flight duration, elevation of flight and other pertinent information.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.
How the request of Drone Solutions, LLC would benefit the public as a whole.

Granting this exemption will further the public interest by allowing Drone Solutions, LLC to safely 

efficiently, and economically take pictures/video and collect data that will benefit a variety of users. 

Use of the proposed small UAS, rather than full-scale manned aircraft will decrease traffic congestion in 

the national airspace, reduce noise and air pollution, decrease risks to life and property, and provide 

significant benefits to the economy. 

Aerial imagery and data collection have traditionally been conducted by manned aircraft. The use of 

small UAS to conduct some portion of similar services would reduce the amount of manned aircraft in 

the NAS. Congestion around airports would be reduced due to a reduction in the number of departures 

and arrivals of manned aircraft. Small UAS do not require an airport to take off and land. Additionally, 

a reduction in manned aircraft flights would result in fewer aircraft that must be handled by air traffic 

control staff.

By using battery power and electric motors, the proposed UASs will produce no air pollution. UAS are 

an environmentally conscious alternative to manned aircraft that burn several gallons of fuel per hour. 

The UAS produces much less noise than manned aircraft powered by an internal combustion engine.

By using a UAS to conduct the activities proposed herein, risk to life and property in the air and on the 

ground will be reduced, as compared to similar operations conducted with manned aircraft. Because of 

the small size and low weight of the DJI UASs as compared to maned aircraft, there is less potential for 

physical damage to life and property on the ground and in the air. The UAS carry no pilot, no 

passengers, and no fuel, which reduces the potential for accident-related damage to life and property as 

compared to a full-scale manned aircraft.

Granting this exemption would provide economic benefits. The expense of conducting many of UAS 

activities may be cost prohibitive for many consumers if conducted using manned aircraft. By 

comparison, the activities could be conducted more efficiently and economically using UAS and as a 

result many more companies and individuals would be able to obtain the proposed services, stimulating 

the economy as a result. Photographs and video produced from the UAS activities will be used as 

affordable marketing and promotional tools for the consumers of the UAS products.

Conclusion

As set forth herein, Drone Solutions, LLC seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 from 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 

CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1); and (2); 14 CFR 91.417(a) and (b). This 

exemption will allow Drone Solutions, LLC to conducted limited data collection activities using UASs 

including the DJI Phantom 2 Vision +, DJI Phantom 3, DJI Inspire 1, and DJI Spreading Wings models. 

Exemptions for similar purposes and these same UASs have previously been granted by the FAA.

James D. Morgan, owner of Drone Solutions, LLC, is an experienced UAS operator and a member of 

the Academy of Model Aeronautics. Mr. Morgan is a Professional Geologist with over 25 years 

conducting environmental consulting and water-resources investigations and is aware of the benefits and 

safety precautions associated with using UAS for the safe and efficient accomplishment of 

environmental monitoring and investigations. Mr. Morgan is a Private Pilot (Certificate #3728638) with 
a current Third Class Medical Certificate and is knowledgeable about aviation regulations, national 

airspace and other relevant issues.

Drone Solutions, LLC respectfully requests that the FAA Administrator grant this exemption. 

Sincerely,

James D. Morgan

Drone Solutions, LLC

Appendices

Appendix A: User Manual, DJI Phantom 2 Vision +

Appendix B: Drone Solutions, LLC Flight Checklist (proprietary)