August 14, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

ELECTRONIC SUBMISSION

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as Reform 

Act) and 14 CFR Part 11, Digital GIS, hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow commercial operation of sUAS for precision aerial surveying, 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. 

Digital GIS is a consulting firm that provides geospatial, surveying, geosciences, inspection, 

photographic, and cinemagraphic services to a wide range of industries in the United States. The 

company leverages the capacities of mapping software, GPS systems, and surveying equipment to 

provide these services to industries that rely on them for regulatory compliance, public safety, and asset 

management. Being positioned in this highly competitive industry requires a significant investment in 

the aforementioned software and hardware products, but to also be aware of forthcoming technological 

developments. The sUAS is among a group of several technological developments that Digital GIS

considers to be a tool that will have a positive impact on the way we perform data collection, 

photogrammetry, and visual documentation methodologies, all of which are services we provide for our 

customers.

As detailed in this document, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access and 4) 

would provide safety enhancements to the already best practices safety protocols followed by Digital 

GIS. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft 

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

The name and address of the applicant is: 

Digital GIS, LLC

Edward Roske

1164 Sedgewood Circle

West Melbourne, FL 32904

321-795-3240

Edward@DigitalGIS.com
Regulations from which the exemption is requested: 

14 CFR Part 21 

14 CFR 45.23(b) 

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 91.111(a) 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b) 

14 CFR 91.405(a) 

14 CFR 407(a)(1) 

14 CFR 409(a)(2) 

14 CFR 417(a) & (b)

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 §40101 of the Act, including sUASs, from 

the requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 

CFR 91.203(a)(1). 

Section 333(b) of the Reform Act assist the Secretary in determining whether sUASs may operate in the 

national airspace system 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 of sight of the operator; 

 Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. 333(c). 

Digital GIS’ sUAS Fleet Specifications

Digital GIS’ fleet of sUAS consist of the following characteristics that illustrate their minimal impact to 

human beings, manned aircraft, and infrastructure:
1. 3DRobotics Solo:

o Max Flight time: 25minutes without payload, 20 min with payload

o Dimensions: 10 inch tall, 18 inch motor to motor

o Weight: 1500g, 1800g with payload

o Max distance: 0.5 miles

o Flight controls: WiFi 2.4 GHz

o Max speed: 55 mph

o Max payload 420 g

o Max altitude: 400ft

2. SenseFly eBee

o Total weight with maximum allowable payload: 1.5lbs,

o Dimensions: Greatest width: 96cm (38in)

o Material: EPA foam, carbon structure & composite parts

o Maximum speed: 56mph

o Battery system (11.1 volt, 2150maH lithium-polymer) provides fifty (50) minutes of flight 

time

o Radio link range up to 3 km (1.86miles)

The sUAS will operate only in the pilot’s or visual observer’s visual line of sight at all times. Such 

operations will insure that the sUAS will “not create a hazard to users of the national airspace system or 

the public.” Reform Act Section 333(b). 

Given the small size of the sUAS involved and the restricted environment within which they will operate, 

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will operate, 

approval of the application presents no national security issue.

The sUAS can be operated entirely by a touch-screen, map-based interface. This means the operator 

only needs to command the system where to go, and the system does all the flying for the operator. The 

sUAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking 

on a map to create a pre-planned flight path for a flight. In addition, the operator can create no fly zones 

or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or 

unnecessary to fly over. 

The sUAS has built-in intelligent fault handling which allows it to detect a system fault while in the air 

and automatically fly back to its take-off location and land. Faults that can be detected include: loss of 

communication; exceeding pre-set wind thresholds; and low battery levels. 

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. 

At any point if the operator is not explicitly commanding the system to move, the system automatically 

holds its GPS position. The flight control system employs not only GPS positioning but a variety of 

sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so 
long as wind thresholds are not exceeded. Also a flight termination link – to prevent a “fly away” or 

other potentially dangerous situation – is available to the operator. 

DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness certificates 

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to 

be utilized by Digital GIS, an exemption from Part 21 Subpart H meets the requirements of an equivalent 

level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 

§44701(f)) and Section 333 of the Reform Act both authorize 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 particular sUAS. In all cases, an analysis 

of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed, will be at least as safe, or safer, than a 

conventional aircraft operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

14 CFR 45.23(b): Marking of the aircraft 

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “lightsport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the sUAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAS, 2 inch lettering will be impossible. Digital GIS will mark the sUAS with 

the organization’s name and address. An insurance barcode attached to the aircraft will also be linked to 

Digital GIS.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of 

100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled 

and restricted, and all flights are planned and coordinated in advance. The risks associated with the 

operation of the small UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested 

exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 

14 CFR 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, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 
requirements for maintenance and use of safety checklists prior to each flight an equivalent level of 

safety will be provided. 

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the User Manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. 

14 CFR 91.103: Preflight action 

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

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the safety checklists. These actions will provide an equivalent 

level of safety. 

14 CFR 91.109: Flight instruction 

Section 91.103 provides 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.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the 

controller and by the size and speed of the aircraft. 

14 CFR 91.111(a): Operating near another aircraft

Section 91.111(a) establishes that no person may operate an aircraft so close to another aircraft as to 

create a collision hazard. Occasionally, sUAS engage in simultaneous flight routines that employ more 

than one (1) sUAS in a tightly controlled, patterned flight plan based on onboard GPS positioning 

navigation systems. This method of data collection employs interferometric capture sequences, 

requiring more than one measurement sensor during the flight routine.

14 CFR 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is 

for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which 

will typically operate at altitudes of 200 feet above ground level (AGL), so an exemption may be needed 

to allow such operations. The sUAS will never operate at altitude higher than 400 AGL and all operations 

will occur during daylight hours under Visual Meteorological Conditions (VMC) only. 
The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as 

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

or local officials. Because advance notice to the property owner and any onsite personnel, as well as the 

precautions outlined below, all affected individuals will be aware of the planned flight operations. 

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other 

than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless: 

Barriers or structures are present that sufficiently protect non-participating persons from debris in the 

event of an accident. The PIC will ensure that non-participating persons remain under such protection. If 

a situation arises where non-participating persons leave such protection and are within 500 feet of the 

sUAS, flight operations will cease immediately and/or; 

The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted 

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

and; 

Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a). 

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at 

least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO 

will provide notification to the local Flight Standards District Office and airport controller of all

operations within 5 miles of an airport. The FAA will have advance notice of all operations through the 

filing of notices-to-airmen. 

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those 

presently presented with helicopters and other conventional aircraft operating at or below 500 feet 

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

operations and the operations of conventional aircraft that must comply with Section 91.119. 

14 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the 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.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC 

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

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited 

to operations in controlled environments and has a limited flight time which require an exemption from 

14 CFR 91.151(a). 

The battery powering the sUAS provides approximately 25 minutes of powered flight. This would render 

the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on 
the sUAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight VFR conditions is reasonable. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined 

by the onboard monitoring system and the PIC), whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating 

area. 

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. 

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections 

These regulations require 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. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Unmanned Experts. Maintenance will be accomplished by the operator 

pursuant to the manufacturer’s recommendations. An equivalent level of safety will be achieved 

because these sUASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the sUAS is in working order 

prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the

aircraft in an airworthy condition to provide the equivalent level of safety. 

PUBLIC INTEREST 

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing 5 pounds and powered by batteries eliminates virtually all of that risk given the reduced mass 

and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights. 

Conducting aerial surveys with the sUAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight 

operations. By using battery power and electric motors, the sUAS produces no air pollution and is a 
viable, environmentally conscious alternative to the cabin class, six cylinder internal combustion twin 

engine aircraft that are typically utilized for aerial surveys, while burning approximately 20-30 gallons 

per hour of leaded aviation fuel. The sUAS, while reducing the carbon footprint of aerial surveys, also 

reduces noise pollution as it is propelled by battery powered electric motors rather than an internal 

combustion engine. 

EQUIVALENT LEVEL OF SAFETY 

Unmanned Experts proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe protocols 

followed by aerial survey operations conducted with helicopters and other conventional aircraft. 

Unmanned Experts will be bound by the following limitations when conducting its sUAS operations 

under an FAA issued exemption:

1. The sUAS will weigh less than 55 pounds. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or 

densely populated area, which are depicted in yellow on VFR sectional charts. 

6. Flight operations within 5 miles of an airport require notification and approval from the local 

Flight Standards District Office and airport controller. 

7. Flight operations will occur during daylight hours and under visual meteorological conditions 

only. 

8. The FAA will have advance notice of all operations through the filing of notices-to-airmen. 

9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 

10. The sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third 

class medical. 

11. The pilot and visual observer will have been trained in the operation of the sUAS. 

12. The pilot and visual observer will at all times be able to communicate by voice and/or text. 

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. Flight operations will be conducted at least 500 feet from all non-participating persons, vessels, 

vehicles and structures unless: 

a. Barriers or structures are present that sufficiently protect non-participating persons 

from debris in the event of an accident. The pilot will ensure that non-participating 

persons remain under such protection. If a situation arises where non-participating 

persons leave such protection and are within 500 feet of the sUAS, flight operations will

cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of 

the risk of operating closer to those objects and; 

c. Operations near the pilot or visual observer do not present an undue hazard to the pilot 

or visual observer. 

15. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to 

return to a safe, pre-determined location and land. 
16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies. 

PRIVACY 

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial photography will take place.

FEDERAL REGISTER SUMMARY 

Digital GIS, Mr. Edward Roske, Aerial Photogrammetrist and Mapping Specialist, 1164 Sedgewood Circle, 

West Melbourne, Florida 32904, petitioned the FAA on behalf of Digital GIS for an exemption from part 

21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.111(a), 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the 

Federal Regulations (14 CFR). The exemption would allow commercial operation of small Unmanned 

Aircraft Systems (sUASs) for precision aerial surveys, inspection, photography, and cinematography. 

******* 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of Digital GIS’ sUAS for precision aerial surveys, inspection, 

photography, and cinematography.

Sincerely, 

Digital GIS, LLC

Edward Roske

Aerial Photogrammetrist and Mapping Specialist