AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam: August 31, 2015

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

and 14 CFR Part 11, AeroPacific Consulting LLC, requests to be exempted from the Federal 

Aviation Regulations (FAR) listed below. If exempted, AeroPacific Consulting LLC will then 

be able to operate small Unmanned Aerial Systems (sUAS) commercially in airspace regulated 

by the FAA, as 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.

Statutory Authority For Exemptions

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory

authority includes exempting civil aircraft, as the term is defined under §40101of the Act,

including sUAS, from certain requirements otherwise prescribed by the Code of Federal 

Regulations (CFR).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public,

or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS size, weight, speed, and operational capability,

• Whether the sUAS operates within the visual line ofsight of the operator,

• Whether the sUAS operates outside of highly populated areas and away from close

proximity to airports

Reform Act Sect 333 states that if the Secretary determinesthat a sUAS operates safely in the

national airspace system, then the Secretary shall establish requirementsfor the safe 

operation ofsuch aircraft in the national airspace system.

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for 

flights at or under 200 AGL to any UASs operator with a section 333 exemption.

The Applicant

AeroPacific Consulting LLC is an aviation research and consulting company. It is wholly owned 

and operated by Douglas M. Moss, a Nevada resident, with a Nevada state drivers license. Mr. 
AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

Moss also has an Airline Transport Pilot license, a Class I Medical Certificate, as well as a Flight 

Instructor Certificate (CFI, CFII, and MEI). Additionally, Mr. Moss is currently employed as an 

airline pilot for a major US international airline. Mr. Moss will be the only pilot the flying the 

sUAS under this Section 333 exemption. All operations will be performed with the public’s 

safety and right to privacy as primary concerns and these will be protected at all times.

AeroPacific Consulting LLC will use its sUAS vehicles for aerial data collection.

1

 The 

anticipated projects would include photographic depictions of aviation accident sites, 

maintenance assessments of large structures, environmental surveys, and, periodically, real estate 

appraisals and marketing. The geographical areas to be used will be primarily rural locations in 

the Sierra Nevada mountain chain and some portions of California's central valley.

As described below, the requested exception would permit the operation of light weight (less 

than 55 lbs. total takeoff weight) sUAS under controlled conditions for commercial use by a 

certified pilot thereby enhancing safety and fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibility to” establish requirements for safe operation of such aircraft 

systems in national airspace systems.” Section 333(c), of the Reform Act.

The Small Unmanned Aircraft System (sUAS)

The sUAS to be operated by AeroPacific Consulting LLC will be rotorcraft weighing less than 

55 pounds. They will be comprised of DJI Phantoms, models "Vision 2+" and "3 Professional". 

They will operate at a speed less than 50 knots and have the capability to hover and move in the 

vertical and horizontal plane simultaneously. They will have an automatic return to the launch

point feature that will be activated whenever the battery power reaches a preset level. The sUAS 

will operate within the line of sight of the operator and below 200 feet above ground level 

(AGL). These operations will be designed so as to not create a hazard to the public, the 

environment, nor any other aircraft. Thus, these sUAS operations will not present a hazard to the 

national airspace nor the public.

The very small nature of these sUAS combined with the safeguards presented below, will allow 

for their safe operation in a manner greater than that envisioned by Congress. Also due to the 

small size of sUAS and the areas and altitudes they will operate, approval of this exception 

presents no national security issues and absolutely minimal safety concerns which have been 

mitigated through our rigorous risk management process. Given the clear direction given in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, 

the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses

traditional aircraft as well as the economic impact of greatly reducing the cost of aerial data 

collection thereby benefiting the greater public’s interest. Accordingly, the applicant requests 

that the FAA grant the requested exemption.

The DJI Phantom sUAS aircraft have the following characteristics:

Phantom Vision 2+ Phantom 3 Professional

 1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the sUAS. Examples 

include imagery (photography, video, infrared, etc), electronic measurement (precision surveying, RF analysis, etc.), 

chemical measurement (particulate measurement, etc), or any other gathering of data by instruments aboard the 

sUAS.
AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

Weight 2.74 lbs 2.82 lbs

Maximum speed 33 mph 36 mph

Radio Frequency Spectrum 5.8 & 2.4 GHz 2.4 GHz

Safeguards and Procedures

AeroPacific Consulting LLC will adhere to the following safeguards and procedures in order to

minimize risk when operating under this Section 333 exemption.:

• The sUAS operated by AeroPacific Consulting LLC will be registered with the FAA and 

the appropriate registration (N-number) will be displayed on the aircraft.

• The pilot in command (PIC) will be Douglas M. Moss, a certificated pilot holding an 

Airline Transport Pilot license and at least a Class II medical certificate.

• Flights will only occur in the daylight hours,

• Flights will only operate in VFR conditions (500 feet below and 2,000 feet to the side of 

any clouds and with flight visibility greater than or equal to 3 statute miles).

• Flights will be terminated any time weather or wind deteriorate to a level deemed to be 

unsafe for flight,

• The UASs will weigh less that 55 lbs.,

• Flights will be operated at a maximum height of 200 feet AGL,

• Crew will be at a minimum of the Pilot in Command (PIC) who will be solely responsible 

for the safety of the operation,

• The PIC will maintain visual line-of-sight (LOS) contact with the sUAS at all times,

• The PIC will perform a check of the flight area to ensure the safety of all persons in the

area,

• The PIC will use an iPhone/iPad aviation application to check for the existence of any 

Temporary Flight Restriction (TFR) before flight,

• Unless written approval from the Airport Operator is obtained, all sUAS flights will be 

flown outside a 5 nm radius of any airports.

• All sUAS will return automatically to the operator in a safe manner whenever datalink is 

lost with the sUAS or when the sUAS fuel reserve reaches a pre-set level.

• The PIC will use the pre-flight checklist published in the applicable sUAS manufacturer's 

User Manual before flight (attached).

Specific Exemptions from FARs Requested

AeroPacific Consulting LLC respectfully requests the grant of an exception to the following 

specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight 

sUAS for commercial use:
AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

14 CFR part 21 Subpart H: Airworthiness Certificate 

14 CFR 21 Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and 

defined area of operations for AeroPacific Consulting LLC UASs flights permits exception from 

Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt sUAS from airworthiness certificates in consideration of 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. AeroPacific Consulting LLC meets or exceeds each of these elements.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

14 CFR 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs this regulation is 

inapplicable. Subparagraph (b) which requires that the pilot determine the aircraft is safe to fly 

will, however, be fully complied with. This will provide an equivalent level of safety.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 91.9(b)(2) requires an aircraft flight manual be in the aircraft. As there are no pilots or 

passengers, and given the size of the sUAS, this regulation is inapplicable. An equivalent level of 

safety will be achieved by requiring the pilot in command to have the manufacturer's User 

Manual within immediate reach at any time when operating the aircraft. This will provide an 

equivalent level of safety.

14 CFR 91.105: Flight Crewmembers at Stations

14 CFR 91.105 requires that flight crewmembers wear seat belts and, for take-off and landing, 

wear shoulder harnesses. AeroPacific Consulting LLC should be exempt from this requirement 

because the aircraft at issue is a sUAS, where the pilot (and all other conceivable crewmembers)

will not be riding in the sUAS, but would be located at a safe location on the ground, away from 

any potential kinetic energy impact. This will provide an equivalent level of safety.

14 CFR 91.119: Minimum Safe Altitudes

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. AeroPacific Consulting 

LLC will only operate its sUAS at or below 200 feet AGL (Above Ground Level). They will be 

operated over a pre-defined area that has been reviewed for hazards and minimum presence of 

persons not essential to the operations. Flights will only be over either public land or private 

property where the owner has consented to such overflight. To the maximum extent practicable, 

flight will be avoided over people and property. Compared to flight operations of conventional 

aircraft and rotorcraft weighing far more than 50 lbs and carrying flammable fuel, sUAS

operations present a far smaller risk to the public.

Traditional aerial data collection and photography requires large aircraft with flammable fuel to 

fly in close proximity of populated areas and people in general. With the use of small sUAS of 

55 lbs. or less, battery operated, and flying below 200 feet AGL, the risk of injury to people on 

the ground has been reduced or almost erased. Thus, allowing the sUAS to fly below the normal 

minimum of 500 ft AGL, an equivalent level of safety will be achieved because flight over 
AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

people and property will be minimized and even if an accident were to occur, the small weight 

and lack of flammable fuel of the sUAS will provide an equivalent level of safety.

14 CFR 91.121: Altimeter Settings

14 CFR 91.121 requires local altimeters settings be used when operating below 18,000 ft MSL. 

Since the sUAS do not use any barometric equipment for altitude control (only GPS derived 

altitude above launch point), this requirement is superfluous and should be exempted. Safety 

will not be affected by not using local altimeter settings. Thus, AeroPacific Consulting LLC 

should be exempt from this requirement.

14 CFR 91.151: Fuel Requirements for Flight in VFR Conditions

14 CFR 91.151 requires that flights must be planned so that an aircraft lands with at least 30 

minutes of fuel in reserve. AeroPacific Consulting LLC should be exempt from this requirement 

because a) there will be no humans aboard the sUAS who would be harmed if the sUAS ran out 

of fuel, and, b) the sUAS incorporates an automatic fuel alert feature when a preset level of 

battery capacity remains. When the battery capacity reaches such a level, the sUAS will 

automatically return to its launching point. This will provide an equivalent level of safety.

14 CFR 91.203 (a&b): Certifications Required, Airworthiness & Registration

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and registrations. These 

are inapplicable for the same reasons stated above. The equivalent level of safety will be 

achieved by maintaining such certifications and registrations at AeroPacific Consulting LLC

operations center. The pilot in command will have a photocopy of the aircraft registration on 

him whenever operating the sUAS.

14 CFR 91 Subpart E (Sections 91.405-409): Maintenance, Preventive 

Maintenance, and Alterations

14 CFR 91.405 requires that an aircraft be inspected on an annual and/or hourly basis, requires 

specific documentation of maintenance performed, and requires all maintenance be performed by 

a licensed A&P or IA mechanic. AeroPacific Consulting LLC should be exempt from these 

requirements because there are no owner-serviceable parts on the sUAS. Furthermore, any 

maintenance to be performed must be and will be performed by its manufacturer, DJI, Inc. 

Before flight, the PIC will inspect the sUAS in accordance with the manufacturer's operating 

manual to ensure the sUAS is safe to fly.

14 CFR 91.417: Maintenance Records

14 CFR 91.417 Requires that not only complete maintenance records of the aircraft be kept, but 

that they also be signed off by a certificated A&P or IA mechanic. AeroPacific Consulting LLC 

should be exempt from this requirement since the designated repairmen at the manufacturer, DJI, 

Inc, are not certificated A&P or IA mechanics. To fulfill the spirit of the regulation, however, 

AeroPacific Consulting LLC will maintain a complete maintenance log of all sUAS maintenance 

actions under its ownership and control, but without adhering to the signature requirements of 

FAA certificated mechanics.
AeroPacific Consulting LLC

195 N. Argyle Ct

Reno, NV 89511

Phone: (310)503-4350 FAX: (815)550-8766

 http://www.aeropacific.net Email: Doug.Moss@aeropacific.net

Summary

Approval of these 333 Exemptions allowing commercial operations of small sUAS in the service 

of aerial data collection will greatly enhance safety by reducing the overall risk associated with 

conventional aircraft.

Granting AeroPacific Consulting LLC the above exemption will allow for the expansion of UAS 

systems into the future for the safe conduct of free enterprise and the enjoyment of the masses.

AeroPacific Consulting LLC respectfully requests the FAA grant its exception without delay. 

The FAA has the authority to issue the exemption sought by AeroPacific Consulting LLC

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely

Douglas M. Moss 2 Attachments

Managing Member 1) Phantom User Manual, Vision 2+

AeroPacific Consulting LLC 2) Phantom User Manual, 3 Professional

195 N. Argyle Ct.

Reno, NV 89511

310-503-4350

doug.moss@aeropacific.net