January 5, 2016 

Uninsured Boston Aeroworks, LLC 

85 Wheeler Road 

Hollis, NH 03049 

617-852-4928 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations 

Dear Administrator, 

Pursuant to Section 333 of the FAA Modemization and Reform Act of 2012 and 14 

C.F.R., Part 11, Uninsured Boston Aeroworks, LLC d/b/a Boston Aeroworks 

("Boston Aeroworks"), operator of Small Unmanned Aircraft Systems ("sUAS") 

equipped to conduct aerial photography, videography, and inspection, requests a 

limited exemption from the below-listed regulations to allow commercial operation 

of its sUASs, provided that the proposed sUAS operations comply with the 

conditions outlined below or as established by the Federal Aviation Administration 

("FAA") under Section 333. 

The name and address of the applicant is: Uninsured Boston Aeroworks, LLC, 85 

Wheeler Road, Hollis, NH. 03049, c/o Tom N. Jagatic, Member, 617-852-4928, 

tn j@ boston .aero. 
Regulations from which the exemption is requested (refer to Appendix A for full 

details including justification for regulation exemption): 

Regulation 

14 CFR 21, subpart H 

14 CFR 45.23 (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 (b) 

14 CFR 9 I .1 09 

14 CFR 91 .119 

14 CFR 91.12 1 

14 CFR 91.151(a) 

14 CFR 91.203(a) &(b) 

14 CFR 91.405(a) 

14 CFR 91.407(a)(l) 

14 CFR 91.409(a)&(b) 

Brief Description 

Air Worthiness Certificates 

Identification and Registration Marking 

Civil Aircraft Worthiness 

Civil aircraft flight manual, marking, and placard 

requirements 

Preflight action 

Flight instruction; Simulated instrument flight and 

certain flight tests 

Minimum safe altitudes 

Altimeter settings 

Fuel requirements for flight in VFR conditions 

Ci vii Aircraft: Certifications required 

Maintenance required 

Operation after maintenance, preventive maintenance, 

rebuilding, or alteration. 

Inspections 

The requested exemption would permit the operator to pursue, safe, professional, 

for profit services to private and public entities within the State of New Hampshire 

and adjoining states utilizing a small unmanned aircraft system (sUAS) for aerial 

still and video data capture for, but not limited to the following purpose: 

I. Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related 

professional activities. 

2. Aerial video and/or photography for public and/or private use including 

television, public events, and cinematography. 

3. Aerial inspection/photography of residential/commercial structures under 
contract with the owners or local government authority. 

4. Aerial video/photography or providing live video feed to assist with search 

and rescue operations in cases of an emergency or natural disaster only when 

the local authorities or government has requested it by contract or donation. 

The UAS to be utilized during the operations are a highly successful consumer 

grade small rotorcraft in the quad copter configuration manufactured by DJI. 

The DJI Phantom 3 with an advertised weight of 2.8 pounds (1280g) designed 

primarily to carry aloft a high definition camera. It has an advertised maximum 

speed of less than 32 knots (16m/s) and a maximum climb rate of less than 1000 

feet per minute (5 m/s). It is powered by four electric motors with a diagonal size 

(including propellers) of less than 24 inches (590mm). 

In addition to the requirements already set forth by CFR Title 14 and the 

applicable FAR, Uninsured Boston Aeroworks7 LLC will, 

1. Only operate its UAS in direct visual line of sight of the pilot and observer 

without use of a visual aid other than corrective lenses. 

2. Operate at an altitude no greater than 400 feet above the ground. 

3. Operate with due vigilance and known practiced see and avoid scanning 

techniques to avoid any conflicts with manned or other UAS aircraft that 

may enter the UAS operating area. The UAS flight will be immediately 

terminated if a potential conflict may exist. 

4. Only operate over private sites or controlled access property with written 

and/or oral permission from the relevant property holder or authorized 

representative. 

5. Terminate flight when any unsafe condition exists. 

6. Terminate flight when battery voltage drops to 20% of battery capacity or 

when the 1 low battery alert occurs per the Instruction Manual. 

7. Operate at a ground speed of 0 to 40 knots during on site missions. 

8. Operate in accordance with the guidance and standards set forth by the UAS 
manufacturer and the administrator. 

9. Operate with a minimum crew for each operation consisting of the PIC and a 

visual observer in direct communication utilizing appropriate verbal, radio, 

or cell phone as needed. 

10. Insure the sUAS operator on the controls will be at least a current Private 

Pilot with a class Ill medical or a valid U.S. driver's license issued by a 

state , the District of Columbia, Puerto Rico, a territory, a possession, or the 

Federal government. 

11. Insure the observer has an understanding of the Title 14 of the Code of 

Federal Regulations ( 14 CFR) parts applicable to the airspace where the 

Unmanned Aircraft Systems (UAS) will operate. 

Public Interest 

UAS operations are often categorized into "three Ds": dull, dirty, or dangerous. 

For instance aerial inspection work is not necessarily an exciting endeavor. Such 

"dull" work can be carried out by helicopters, but when conditions shift or 

mechanical failure occurs, the use of a helicopter can prove "dangerous" for the 

human pilots aboard. UAS technology used for these commercial purposes benefit 

the public interest in the following ways: 

• Reduces the collateral damage risks to life and property associated with low 

altitude helicopter operations. 

• Increased economic wellbeing to local businesses via cost reductions. 

• Enabling aerial business solutions to be available to a larger market. 

Respectfully, 
Appen_dix A: Regulations for Requested Exemption 

Regulation 

Code 

14CFR21, 

subpart H, 

l4CFR 

§91.203 (a) 

( I ) 

Brief 

Description 

Air 

Worthiness 

Certificates 

Regulation Description 

Subpart H, entitled 

Airworthiness 

Certificates, sets forth 

requirements for 

procurement of 

necessary airworthiness 

certificates in relation to 

FAR §91.203(a)( I)_ 

Justification for Regulation Exemption 

Given the size, weight and defined area of 

operations for Uninsured Boston 

Aeroworks, LLC. UAS 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 UASs 

from airworthiness certificates in 

consideration of weight, size, speed, 

maneuverabil ity and proximity to areas 

such as airports and dense populations. The 

UAS to be operated are less than 55 lbs. 

fully loaded, carry neither pilot nor 

passenger, carry no explosive materials or 

flammable fuels. and operates within a 

secured controlled area. Operations under 

this exemption will be tightly controlled 

and monitored to ensure safe operations. 
14CFR 

§45.23 (b) 

14CFR 

§91.7 (a) 

Marking of 

Aircraft 

Civil Aircraft 

Worthiness 

The regulation requires: 

When marks include 

only the Roman capital 

letter "N" and the 

registration number is 

displayed on limited, 

restricted or light-sport 

category aircraft or 

experimental or 

provisionally certificated 

aircraft, the operator 

must also display on that 

aircraft near each 

entrance to the cabin, 

cockpit. or pilot station. 

in letters not less than 2 

inches nor more than 6 

inches high. the words 

"limited ," "restricted," 

"light-sport," 

"experimental ," or 

"provisional ," as 

applicable. 

The regulation requires 

that no person may 

operate a civil aircraft 

unless it is in airw01thy 

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. 

Even though the liAS will have no 

airworthiness certificate, an exemption may 

be needed as the liAS will have no entrance 

to the cabin, cockpit or pilot station on 

which the word Experimental'. can be 

placed. Given the size of the UAS. two-inch 

lettering will not be possible. The word 

'·Experimental'· will be placed on the 

fuselage in compliance with §45.29 (f). The 

equivalent level of safety will be provided 

by having the UAS marked on its fuselage 

as required by §45.29 (f) where the pilot. 

observer and others working with the UAS 

will see the identification of the UAS as 

"Experimental:' The FAA has issued the 

following exemptions to this regulation to 

Exemptions Nos. I 0700. 8738. I 0 I 67 and 

10167A. If required, theN regi stration 

number will also be displayed on the 

fuselage in a font size appropriate for the 

dimension of the device for identification 

purposes. 

Given the size of the aircraft and the 

requirements contained in the 

Manufacturers Operating Manual for 

maintenance and use of safety checklists 

prior to each flight. an equivalent level of 

safety will be provided. 
14CFR 

§91.9(b) 

(2) 

14CFR 

§9 1.103 (b) 

14CFR 

§9 1.109 

Civi l aircraft 

flight manual 

Preflight 

action 

Flight 

instruction; 

Simulated 

instrument 

flight and 

certain flight 

tests 

o 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. 

This regulation requires 

each pilot in command 

become familiar with all 

information concerning 

that flight including 

runway distances and 

takeoff and landing 

distances, with this data 

provide in FAA approved 

rotorcraft flight manuals 

will not be provided for 

the aircraft an exemption 

will be needed . 

This section provides 

that no person may 

operate a civi l aircraft 

(e\cept a manned free 

balloon) that is being 

used for flight instruction 

unless that aircraft has 

ful ly functioning dual 

controls. 

The UAS, given its siz.e 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 flight manual at 

the ground control point where the pilot 

flying the UAS with immediate access to it. 

The FAA has issued the following 

exemptions to this regulation: Exemption 

Nos.8607.8737.8738.9299.9299A.9565. 

95658. 10167, 10167A, 10602.32827, and 

10700. 

Flight information such as runway distances 

and flight perfonnance are not relevant to 

the operation of UAS. The equivalent action 

is that the PIC will review airspace 

considerations. weather, flight battery 

requirements. land and propetiy boundaries 

with respect to takeoff and landing 

locations. Manuals for the UAS will present 

on site of all operations. 

UAS are remotely piloted aircraft, by their 

design 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. T he FAA has approved 

exemptions for flight training without fully 

·functional dual controls for a number of 

aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 

5778K & 9862A. The equivalent level of 

safety can be achieved as neither a pilot nor 

passengers will be carried in the aircraft in 

addition to the small size and low speed of 

the aircraft. 
14CFR Minimum Section §91.119 This exemption is for a UAS that is a RC 

§91. 119 safe altitudes establishes safe altitudes multi-prop helicopter with the exemption 

for operation of civil requesting authority to operate at altitudes 

aircraft. Section §91 .J 19 up to 400 AGL. The equivalent level of 

(d) al lows helicopters to safety will be achieved given the size, 

be operated at less than weight, and speed of the UAS as well as the 

the minimums location where it is operated. 

prescribed. provided the 

person operating the 

helicopter compl ies with 

any route or altitudes 

prescribed for helicopters 

by the FAA. 

14CFR Altimeter This regulation requires The UAS typically may not have a 

§91.121 settings each person operating an barometric altimeter. but instead a GPS 

aircraft to maintain altitude read out, an exemption may be 

cruising altitude by needed. An equivalent level of safety will 

reference to an altimeter be achieved by the operator, pursuant to the 

that is set ·• ... to the Manual and Safety Check list. by receiving 

elevation of the departure altitude information via a digitally encoded 

airport or an appropriate telemetric data feed, which downlinks from 

altimeter setting the aircraft to a ground-based on-screen 

available before display. This altitude information will be 

departure."' generated by equipment installed on board 

the aircraft. using GPS triangulation, or 

digitally encoded barometric altimeter, or 

radio altimeter, or any combination thereof. 

Prior to each flight, a zero altitude initiation 

point will be established, recorded and 

confirmed for accuracy by the pilot. 

14 CFR Fuel Section §9 1.15 I (a) The battery powering the UAS provides 

§9 1.151(a) requirements prohibits an individual approximately 20 minutes of powered 

for flight in from beginning '·a flight flight. To meet the 30 minute reserve 

VFR in an airplane under VFR requirement in 14 CFR §9 1.151. UAS 

conditions conditions unless flights would not be practical. Given the 

(considering wind and limitations on the UAS's proposed 

forecast weather operations are within the '·line-of -sight'" 

conditions) there i s distances. flight durations will instead be 

enough fuel to fly to the determined by remaining battery life. 

first point of intended Telemetry indicators provide indication of 

landing, and, assuming remaining battery life. At 25 percent 

normal cruising speed- remaining battery life. the sequence to bring 

(I) During the day. to fly operations to completion will be initiated. 

after that for at least 30 Similar exemptions have been granted to 

minutes; or (2) At night. other operations. including Exemptions 

to ft y after that for at 2689F, 5745, 10673, and 10808. 

least 45 

minutes."' 
14CFR Civil T he regulation provides The liAS fully loaded weighs no more than 

§91.203(a) Aircraft in pertinent part: 55 lbs. and is operated without an onboard 

&(b) Ccrti fication (a) Except as provided in pilot. As such, there is no abi lity or place to 

s required § 91.7 15 , no person may carry ce1ti fication and registration 

operate a civil aircraft documents or to display them on the UAS. 

unless it has within it the An equivalent level of safety will be 

following: achieved by keeping these documents at the 

ground control point where the pilot flying 

( I) An appropriate and the UAS will have immediate access to 

current airworthiness them, to the extent they are applicable to 

certificate .. the UAS. The FAA has issued numerous 

(b) No person 1nay exemptions to this regulation . A 

operate a civil aircraft representative sample of other exceptions 

unless the airworthiness includes Exemption Nos. 9565,9665,9789, 

certificate required by 9789A. 9797. 9797A. 98 16A, and 10700. 

paragraph (a) of this 

section or a special flight 

authorization issued 

under §91.715 is 

displayed at the cabin or 

cockpit entrance so that 

it is legible to passengers 

or crew. 

14CFR Operation These regulations require Given that these sections and Part 43 apply 

§9 1.405(a) after that an aircraft operator only to aircraft with an airwo1thiness 

§91.407(a) maintenance. or owner '·shall have that ce1tificate, these sections will not apply to 

(1) preventive aircraft inspected as the applicant. The operator pursuant to the 

§91.409(a) maintenance, prescribed in subpart E flight manual and operating handbook will 

&(b) rebuilding, of this pa1t and shall accompli sh maintenance. Software and 

or alteration. between required firmware wil l be maintained with current 

inspections, except as versions. As the manufacturer does not 

provided in paragraph (c) provide specific maintenance instructions, 

of this section, have maintenance will be ·'on condition'' for all 

discrepancies repaired as aircraft and each aircraft will have a 

prescribed in part43 of maintenance log. 

thi s chapter ... .'· and 

others shall inspect or 

maintain the aircraft in 

compliance with Part 43.