June 26, 2015

Exemption No. 11919

Regulatory Docket No. FAA–2015–1268

Mr. Eric Gakstatter

Discovery Management Group, LLC

P.O. Box 663

19760 Bellevue Way

West Linn, OR 97068

Dear Mr. Gakstatter:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 3, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Discovery Management Group, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial mapping to enhance academic community awareness, augment real estate 

listing videos, filmmaking, golf course mapping, agricultural mapping, and photogrammetry.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
2

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Discovery Management Group, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

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

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 UA.
3

Conditions and Limitations

In this grant of exemption, Discovery Management Group, LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 
4

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate 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. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA 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.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

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

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

Discovery Management Group, LLC, Oregon – Section 333 Exemption

Petition

April 3, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 91.119(a)(b), 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)

(1); 91.409(a) (2); 91.417(a)&(b); 14 C.F.R. 407(a)(1); 14 C.F.R. 409(a)(2); and 14

C.F.R. 417(a)&(b)

Dear Sir or Madam,

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

“Reform Act”) and 14 C.F.R. Part 11, Discovery Management Group, LLC

(“Discovery”), the owner and operator of the DJI Phantom 2 quad-copter Unmanned

Aircraft System (UAS), seeks an exemption from the Federal Aviation Regulations

(“FARs”) listed below so that Discovery can operate our small ultra-light weight UAS

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

Discovery will utilize an experienced, licensed pilot holding an FAA third-class airman

medical certificate as the operator1(Pilot in Charge [PIC]) and a visual observer (VO)2

that can perform the functions prescribed in the operating manual for all flights under this

Exemption, if granted.

The requested exemption would support an application for a commercial Certificate of

Authorization to use the system to perform aerial mapping to enhance academic

community awareness, augment real estate listing videos, filmmaking, golf course

mapping, agricultural mapping, and photogrammetry for various industries.

Use of the DJI Phantom 2 UAS for aerial mapping reduces the need to operate

conventional aircraft for the same purpose and provides very high quality imagery at a

fraction of the dollar cost and danger to human life34 of using conventional aircraft. By

1 See Appendix A for PIC qualifications and certifications.

2 Note; the VO will not be operating the UAS.

3 See National Aeronautics and Space Administration. 2000. U.S. Civil Rotorcraft Accidents, 1963

Through 1997. http://www.ihst.org/portals/54/industry_reports/NASA%20TP%20209597.pdf
2

approving these exemptions, the FAA will create benefits through safer survey methods

by UAS, resulting in decreased potential for loss of life and enhanced efficiency and

productivity for the affected activities, as well as environmental benefits, which are all

ultimately in the public interest.

Committed to safety with each flight, Discovery’s, exemption request would permit

operation of ultra-light weight, unmanned (piloted by remote control) and comparatively

inexpensive UAS in tightly controlled and limited airspace. Currently, similar lightweight,

remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no

safety plan or controls in place to prevent catastrophe. In addition, Douglas Trudeau

(Exemption No. 11138) and Slugwear, Inc (Like On A Tree; Exemption No. 11157) were

granted exemptions for these types of surveys with the DJI Phantom 2.

Discovery has created and will follow its UAS Flight Protocols and Controls5for safe

operation to avoid and prevent public hazard, as well as manned aircraft

hazards/catastrophe. This will act to further safety protocols exclusive to lightweight

UAS's specific video and photography usage as Discovery records flight data and other

information gained through permitted flight operations to share with the FAA through any

required FAA reports to assist with future protocol and safety regulation.

Granting Discovery’s request comports with the Secretary of Transportation’s (FAA

Administrator’s) responsibilities and authority to not only integrate UAS's into the national

airspace system, but to “...establish requirements for the safe operation of such aircraft

systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act

specific to the use of UAS's for real estate/Realtor purposes. Further, Discovery, will

conduct its own operations in compliance with the protocols described herein or as

otherwise established by the FAA.

For the reasons stated below, Discovery, respectfully request the grant of an exemption

allowing Discovery to operate ultra-light weight, remote controlled UAS’s for community

awareness, enhance real estate listing videos for homeowners, filmmaking, golf course

mapping, agricultural mapping, and photogrammetry for various industries. All of which

will promote local economic growth through increased employment and increased tax

base. Both with public safety in mind by keeping heavier manned aircraft containing

combustible fuel that that poses potential public hazard.

4 See Helicopter Accident Analysis Team. 1998. The Final Report of the Helicopter Accident

Analysis Team. June 1998. http://www.ihst.org/portals/54/industry_reports/HAATFinalReport.pdf

5 See Appendix B. for Discovery’s UAS Flight Protocols and Safety Controls. Applicant submits this

manual as a confidential document under 14 CFR 11.35 (b). The manual contains proprietary

information that the applicant does not wish to be shared publically. The manual contains operating

requirements and procedures that are not available to the public and are protected from release

under the Freedom of Information Act 5 USC 552.
3

I. Contact Information:

Eric Gakstatter

Discovery Management Group, LLC

PO Box 663 – 19760 Bellevue Way

West Linn, OR 97068

Mobile: (541) 829-3443

Email: Ericpg@gps-mapping.com
4

II. The Specific Sections of Title 14 of the Code of Federal Regulations

From Which Discovery Requests Exemption are:

14 CFR Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

III. The Extent of relief Discovery seeks and the Reason Discovery Seeks

Such Relief:

Discovery submits this application in accordance with the Reform Act, 112 P.L. 95 §§

331-334, seeking relief from any currently applicable FARs operating to prevent

Discovery contemplated commercial cinematic, academic and other flight operations

within the national airspace system. The Reform Act in Section 332 provides for such

integration of civil unmanned aircraft systems into our national airspace system as it is in

the public’s interest to do so. Discovery’s, ultra-light weight UAS meets the definition of

“small unmanned aircraft” as defined in Section 331 and therefore the integration of

Discovery’s ultra-light weight UAS is expressly contemplated by the Reform Act.

Discovery would like to operate its ultra-light weight UAS prior to the time period by

which the Reform Act requires the FAA to promulgate rules governing such craft.

Thereby, providing direct experience and valuable information for formal regulation that

can be administered uniformly to all agriculture, mapping, and real estate related UAS

aerial video and photography.

The Reform Act guides the Secretary in determining the types of UAS's that may operate

safely in our national airspace system. Considerations include: The weight, size, speed

and overall capabilities of the UAS's; Whether the UAS will be operated near airports or

heavily populated areas; and, Whether the UAS will be operated by line of sight. 112

P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Discovery.

Discovery’s UAS utilizes four (4) counter-rotating propellers for balance, control and

stability. Weighing less than five (5) pounds (far below the maximum 55 pound limit);

including camera with gimbal. Discovery’s UAS is equipped with a compass, GPS, auto

return safety technology if communication is lost between the UAS and the controller,

Real-Time Fight Data Display6, and a No Fly Zone7 software default setting to force the

device to abide by International Civil Aviation Organization regulations.

Discovery considers safety as foremost with each flight. Discovery’s small UAS is

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind.

For safety, stability and fear of financial loss, Discovery will not fly in winds exceeding 16

kph (10 mph) nor exceed an indicated airspeed of 29 knots (15 m/s). Built-in safety

6 Real-Time Flight Data includes UAS flight height, horizontal speed, vertical speed, and distance from

the PIC.

7 DJI’s “No Fly Zone”: Two classes in this mode limit the DJI Phantom 2’s ability to fly near restricted

airport air space. Class A will not allow the UAS to take off within 1.5 miles of the GPS location of an

airport. Class B will has incorporated an increasing height limit from 35 feet AGL at 1.5 miles from an

airport, increasing to 400 feet at 5 miles an airport. The UAS control system will also automatically

warn the PIC when the UAS has approached within 330 feet of the 5-mile buffer zone around an

airport. This software will also not allow the user to set GPS waypoints within 5 miles of the 5-mile

No Fly Zone around an airport. For further details, visit http://www.dji.com/fly-safe/category-mc.
5

systems include a GPS mode that allows Discovery’s UAS to hover in place when radio

controls are released. With three modes to choose from, Discovery will utilize the Smart

Mode for aerial videography/photography. This is the safest, most reliable and stable

mode to prevent accident and hazard. When PIC communication is lost, Discovery’s

UAS is designed to slowly descend to point of take-off (Return to Home). Discovery will

not operate the UAS near Airports, Hospitals, nor Police heliports, and will not operate

near areas where general public is within fifty to one hundred (50-100) yards depending

on location, conditions and weather. Discovery’s PIC and VO will be on constant alert for

any manned aircraft (Police/Medical helicopters, etc.) or other UAS, and prepared to

land/abort immediately to the nearest and safest ground point should a manned aircraft

or UAS approach Discovery’s location, or Discovery suspects manned aircraft or UAS

may approach near our location. Discovery’s UAS is capable of vertical and horizontal

operations, and is only flown within the line of sight of both the PIC and VO.

Utilizing battery power rather than combustible fuels, flights with Discovery’s UAS

generally last between five (5) to seven minutes, with an altitude under 400 feet.

Discovery will utilize a fresh fully charged battery with each flight as a safety precaution;

full flight time limit for each battery is nine (9) to 12 minutes as tested. Discovery will not

operate our UAS at or below manufacturer recommend minimum charge levels for

operation; preferring to remain well within a safe operating range to insure adequate

communication between radio control and UAS to eliminate potential for crash, loss of

control or hazard. Reserve batteries are at hand with each exercise to insure

replacement for sufficient safe level of operation.

Discovery does not believe in taking risk that may cause a crash that could create

hazard to the public/property/manned aircraft, and have no desire to lose an investment.

Discovery has clocked numerous practice flights in remote areas as a hobbyist

simulating flights for future commercial use to gain familiarization with the characteristics

of this specific UAS's performance under different temperature and weather conditions.

Discovery also practices computerized simulated flights to maintain adequate skills and

response reflex time, for the sake of safety.

Discovery is extremely cautious when operating any UAS and will not “create a hazard

to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b).

Given the small size and weight of Discovery’s UAS, it falls well within Congress’s

contemplated safety zone when it promulgated the Reform Act and the corresponding

directive to integrate UAS's into the national airspace system. Discovery’s UAS, used in

hobby flight, has a demonstrable safety record and does not pose any threat to the

general public or national security.

IV. How Discovery’s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness in real estate, filmmaking, golf course

mapping, agricultural mapping, and photogrammetry for various industries has been

around for a long time through manned fixed wing aircraft and helicopters. For small

budget companies, farms and average homeowners, the expense of manned aerial

videography is cost prohibitive. Only large companies can afford to absorb such

expense, this depriving the remainder of the public from a valuable marketing and

mapping tool. Manned aircraft pose a threat to the public through potential catastrophic

crash that Oregon has experienced in the past with private and public officials involved
6

in crashes in recent years8. Furthermore, Discovery’s PIC, Eric Gakstatter, is an editor

for GPS World magazine and Geospatial Solutions. He has written several articles on

UAS and intends to continue writing such articles to raise awareness and education of

productive and safe UAS operations.

Congress has already proclaimed that it is in the public’s interest to integrate

commercially flown UAS's into the national airspace system, hence the passing of the

Reform Act. Granting Discovery’s exemption request furthers the public interest through

academic/visual awareness of the geographical benefits around Oregon. Discovery’s

ultra-light weight UAS is battery-powered and creates no emissions that can harm the

environment. The consequence of my ultra-light weight UAS crashing is far less than a

full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and

can cause catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting

aerial video/photo capture through our battery operated ultra-light weight UAS's.

Permitting Discovery to immediately fly within national air space furthers economic

growth by offering cost-effective videography and mapping products.

V. Reasons Why Discovery’s Exemption Will Not Adversely Affect Safety Or

How The Exemption Will Provide a Level of Safety At Least Equal To

Existing Rule:

Discovery’s exemption will not adversely affect safety. Quite the contrary, for the

reasons stated, permitting Discovery to log more flight time in FAA controlled airspace,

with communication with the FAA, will allow us to contribute to the innovation and

implementation of new and novel techniques for realtors, filmmaking, golf courses,

agricultural mapping, and photogrammetry for various industries as well as continuing to

educate the public through publishing articles. In addition, Discovery submits the

following representations of enhancements to current aerial videography and

photography for real estate, filmmaking, golf courses, agricultural mapping, and

photogrammetry for various industries:

 Discovery’s UAS weighs less than 5 pounds complete with a small ultra-light

weight high quality GoPro 4 Black camera;

 Discovery will only operate this UAS below 400 feet, as recommended by the

FAA Modernization and Reform Act of 2012;

 Discovery’s UAS will only operate for 10 minutes per flight;

 Discovery will land this UAS prior to manufacturer recommended minimum level

of battery power, 30% battery power remaining. Also, Discovery’s UAS has an

automated function which results in immediate landing when a low battery is

detected;

 Discovery will pilot this UAS through remote control by line of sight;

 Discovery’s UAS has GPS-controlled autopilot system to maintain UAS stability

and control,

 Discovery’s UAS has an Auto Return-to-Home & Landing function to increase

8 Three injured in helicopter crash in rural Douglas County,

http://www.kpic.com/news/local/Helicopter-crashes-in-Douglas-County-229583111.html

‘Ax Men’ pilot dies in Oregon helicopter crash, http://www.kptv.com/story/23447746/one-personkilled-in-linn-county-logging-helicopter-crash
7

safe return of the UAS to the ground,

 A pre-programmed flight safety feature whereby Discovery’s UAS automatically

hovers and then slowly lands if communication with the remote control pilot is

lost; 

 Discovery will actively analyze flight data and other sources of information to

constantly update and enhance safety protocols; 

 Discovery will only operates in reasonably safe environments that are strictly

controlled and are away from: power lines, elevated lights, airports and actively

populated areas; 

 Discovery will conduct extensive pre-flight inspections and protocol review,

during which safety carries primary importance; 

 Any maintenance or alterations of Discovery’s UAS that could affect operation or

flight characteristics will require a functional test flight before returning to work;

 Discovery will always obtain all necessary permissions prior to operation,

including issuing a notice-to-airmen (NOTAM) prior to operations; and, 

 Discovery will have procedures in place to abort flights in the event of safety

breaches or potential danger.

 In recognition of the FAA’s Exemption No. 11062, and specifically Exemption No.

11138 for the same UAS model (DJI Phantom 2); prior to conducting operations

for the purpose of aerial photography/videography, Discovery’s PIC will have

accumulated 25 hours of total time as a UAS rotorcraft pilot including at least 10

hours as a UAS pilot with a multi-rotor UAS. Prior to operations, Discovery’s PIC

must also have accumulated a minimum of 5 hours as a UAS pilot operation the

DJI Phantom 2. In addition to the hour requirements, the PIC must accomplish 3

take-offs and landings in the preceding 90 days (for currency purposes).

Discovery’s, safety protocols provide a level of safety equal to or exceeding existing

rules. It is important to note that absent the integration of commercial UAS into our

national airspace system, helicopters are the primary means of aerial video and

photography for community awareness and real estate. While the safety record of such

helicopters is astounding, there has been local incidents involving loss of life as well as

extensive property damage; it is far safer to operate a battery powered ultra-light weight

UAS.

 First, the potential loss of life is diminished because UAS's carry no people on

board and Discovery will only operate its UAS in specific areas away from mass

populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or

explosions is greatly diminished.

 Third, the small size and extreme maneuverability of Discovery’s UAS allow the

PIC to remotely pilot away from and avoid hazards quickly and safely. Lastly,

given its small size and weight, even when close enough to capture amazing

images, Discovery’s UAS need not be so close to the objects they are focused

on through the technology and use of post editing software allowing pan and

zoom.

Accordingly, Discovery’s UAS has been experimentally operated for

familiarization/competency and will continue to operate at and above current safety

levels. Furthermore, Discovery’s PIC has accumulated 25 hours of total time as a UAS
8

multi-rotor pilot. Discovery’s PIC has also accumulated more than 5 hours as a UAS pilot

operation the DJI Phantom 2.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. Part 21, Subpart H, entitled Airworthiness Certificates, sets forth

requirements for procurement of necessary airworthiness certificates in relation

to FAR § 91.203(a)(1). The size, weight and enclosed operational area of

Discovery’s UAS permits exemption from Part 21 because Discovery’s UAS

meets (and exceeds) 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 U.S.C. § 44701 (f)) and Section

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's

from the airworthiness certificate requirement in consideration of the weight, size,

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

populations. Discovery’s current UAS meets or exceeds each of the elements.

14 C.F.R. 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. However, Discovery’s PIC will still

ensure that the UAS is in an airworthy condition based on compliance with the

operating documents prior to every flight.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there

are no on board pilots or passengers, and given the size of the UAS, this

Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a safety/flight manual delineating areas where safety can be

defined9. The FAA has previously issued exemptions to this regulation in

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 10700 and 32827. However, Discovery’s UAS operations manual will be

kept in a location accessible by Discovery’s PIC.

14 C.F.R. § 91.103 regarding preflight action. Discovery’s PIC will take certain

actions before flight to ensure safety of the flight. These will include reviewing

weather, flight battery requirements9, landings, and takeoff distances and aircraft

performance data before initiation of the flight.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as

Discovery’s UAS utilizes electronic GPS with a barometric sensor. According to

the manufacturer of Discovery’s UAS, the GPS sensor is accurate to 2.6 feet

Vertical and 8.2 feet Horizontal. These accuracies are adequate for Discovery to

safely operate the UAS for its exempted purposes.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft

certifications and registrations. They are inapplicable for the same reasons

described above. The equivalent level of safety will be achieved by maintaining

any such required certifications and registrations by Discovery in a location

accessible by Discovery’s PIC.

9 See Appendix B and C
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B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according

to certain specifications. Discovery’s UAS, by definition, is unmanned. Therefore

the UAS does not have a cabin, cockpit or pilot station on which to mark certain

words or phrases. Further, two-inch lettering is difficult to place on such small

aircraft with dimensions smaller that minimal lettering requirement. The FAA has

previously issued exemptions to this regulation through Exemptions Nos. 8738,

10167, 10167A and 10700.

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

14 C.F.R. § 91.119(a) and (b) prescribes safe altitudes for the operation of civil

aircraft. It allows helicopters to be operated at lower altitudes in certain

conditions. Discovery’s UAS will never operate at an altitude greater than 400

AGL; safely within the standard 400 AGL as recommended by the FAA

Modernization and Reform Act of 2012. Discovery will however operate its UAS

in safe areas away from areas depicted in “yellow” on VFR charts, providing a

level of safety at least equivalent to or below those in relation to minimum safe

altitudes. Discovery will conduct all operations under Discovery’s Protocols and

Controls10, including posting a warning sign reading: “Attention Aerial

Photography in Progress – Remain Back 150 Feet”. Discovery will operate its

UAS in accordance with Exemption No. 11109, which may require the UAS be

operated closer than 500 feet to essential persons. Non-participating persons

must remain at appropriate distances (500 feet) from the UAS, and if they need

to be closer than 500 feet, non-participating persons will remain behind barriers

or structures that can sufficiently protect them from the UAS debris in the event

of an accident. Given the size, weight, maneuverability and speed of Discovery’s

UAS, an equivalent or higher level of safety will be achieved.

D. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] 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.

. . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to Discovery’s UAS. However, as a safety precaution Discovery’s PIC

and VO will inspect Discovery’s UAS before and after each flight.

10 See Appendix B.
10

A Summary the FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1).

The size, weight and enclosed operational area of Discovery’s UAS permits exemption

from Part 21 because Discovery’s UAS meets 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 U.S.C. § 44701 (f)) and

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt

UAS's from the airworthiness certificate requirement in consideration of the weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations.

Discovery’s UAS meets or exceeds each of the elements. 14 C.F.R. 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. 14

C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no

pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a manual. The FAA has

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software

updates and curative measures for any damaged hardware. Therefore, an equivalent

level of safety will be achieved.

In summary, Discovery seeks an exemption from the following

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9

(b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119 (a)(b); 14 C.F.R. §

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a);

14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14

C.F.R. §§ 91.417 (a) & (b) to commercially operate Discovery’s small unmanned

vehicle/lightweight unmanned aircraft vehicle in community awareness, real estate

operations, filmmaking, golf course mapping, agricultural mapping, and photogrammetry

for various industries and to develop economic platforms for real estate and golf

courses.

Currently, area awareness, filmmaking, real estate aerial videography/photography, golf

course mapping, agricultural mapping, and photogrammetry for various industries relies

primarily on the use of larger aircraft running on combustible fuel, posing potential risk to

the public. Granting Discovery’s request for exemption will reduce current risk levels and

thereby enhance safety. Discovery’s UAS craft does not contain potentially explosive

fuel, is smaller, lighter and more maneuverable than conventional real estate video and

photographic aircraft with much less flight time. Further, Discovery will operate at lower

altitudes and in controlled airspace eliminating potential public risk flying to and from

established air fields. Discovery has been informally analyzing flight information and will

compile safety protocols and the implementation of a flight operations manual for real

estate usage that exceeds currently accepted means and methods for safe flight. Formal

collection of information shared with the FAA will enhance the FAA's internal efforts to

establish protocols for complying with the FAA Modernization and Reform Act of 2012.
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There are no personnel on board Discovery’s UAS and therefore the likelihood of death

or serious bodily injury is significantly diminished. Discovery’s operation of its UAS,

weighing less than 5 pounds and travelling at lower speeds within limited areas will

provide an equivalent level of safety as that achieved under current FARs. Accordingly,

Discovery respectfully request that the FAA grant Discovery’s exemption request and

Discovery is willing to cooperate in sharing information to benefit the FAA, safety of

manned aircraft, and the general public at large.

Respectfully submitted,

Eric Gakstatter

Discovery Management Group, LLC

PO Box 663 – 19760 Bellevue Way

West Linn, OR 97068

Mobile: (541) 829-3443

Email: Ericpg@gps-mapping.com