Precocity Aero Solutions LLC

Attn: Jeremy Gottshall

106 PATRICK HENRY DR.

WILLIAMSBURG, VA 23185

Precocity Aero Solutions.llc@gmail.com

14 November 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

ATTN: FAA Administrator

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) 

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 

91.409 (a) (2);91.417 (a) & (b).

Dear Sir or Madam,

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

and 14 CFR Part 11, Precocity Aero Solutions LLC, operator of Small Unmanned Aircraft 

Systems (sUAS), hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of designated sUAS, provided such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333. 

Precocity Aero Solutions LLC’s commercial operation of a sUAS, as described herein, which is

equipped with camera(s) and sensors, would provide professional services in the following 

areas: 

1. 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, cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

5. 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. 
6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future sUAS operations within the

National Air Space (NAS). 

As described fully below, the requested exemption would permit the operation of designated 

sUAS as set forth in this document under controlled conditions in the NAS that would be a) 

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase 

public awareness of sUAS operations, provide a desired service to the public and provide an 

opportunity for a small business venture. Additionally, it would enhance safety in providing 

comparable services, which would aid in fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of such 

aircraft systems in the national airspace system.” 

The name and address of the applicant is: 

Precocity Aero Solutions LLC

Attn: Jeremy Gottshall, Owner

Ph: 936-615-1704

Email: precocityaero.llc@gmail.com

Address: 106 Patrick Henry Drive, Williamsburg, VA 23185

Regulations from which the exemption is requested are the following: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 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)

This exemption application is expressly submitted to fulfill Congress’s goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of sUASs do not create a 

hazard to users of the NAS or the public or pose a threat to national security in light of the 

following: 

• The sUAS’s size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas; and 

• Operation of the sUAS within visual line of sight of the operator. (Reform Act § 333 (b)(1).)
Lastly, if the Secretary determines that such vehicles “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).

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

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes 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 U.S.C. §44701(f) See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1).

Precocity Aero Solutions LLC, plans to operate a sUAS, the commercially available and widely 

used DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft and a 

transportable ground station. The Phantom 3 is referred to as a quad-copter with a maximum 

gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors 

powered by batteries. The sUAS has a maximum airspeed of 16 m/s. The system can be flown 

both manually as well as by utilizing pre-programed routines and waypoints. The system 

provides a live video stream from the sUAS to facilitate safe operation as well as requires all 

waypoints be flown manually prior to autonomous flight to ensure a safe route. The ground 

station communicates with the sUAS for both operational control and video data utilizing a 2.4 

GHz system that is FCC approved.

Additionally, the system has numerous, redundant safety features to ensure safe flight. The 

system provides a live battery life feed and autonomously returns to “home” by internally 

computing a predetermined route when the battery life reaches a critical threshold, ensuring the 

sUAS does not run out of power mid-flight and thereby pose a safety hazard. All flights and 

battery cycles are recorded to ensure both the system and the batteries are in safe working 

order prior to all flights. The system also allows the operator to designate flight “not-to-exceed” 

parameters, such as altitude and distance, so the sUAS can be kept within a safe operating 

envelope. Lastly, the system comes pre-loaded with controlled airspace and no-fly zones (such 

as airports, etc), to ensure the sUAS is operated in uncontrolled airspace. These airspace 

restrictions will also be verified via a VFR Raster Chart prior to arrival to any location.

Given the small size of the sUAS involved and the restricted operational area within which it will 

operate, this application fits 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 size of the sUASs and the controlled areas in which 

the relevant sUASs will operate, approval of the application presents no national security issue

and does “not create a hazard to users of the national airspace system or the public.” (Reform 

Act Section 333 (b).)

Precocity Aero Solutions LLC proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed herein. These 

limitations provide for an exceptional level of safety to operations. These limitations and 

conditions to which Precocity Aero Solutions LLC agrees to be bound when conducting 

commercial operations under an FAA issued exemption including: 
1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of operator in accordance with VFR rules and 

regulations

3. Maximum total flight time for each operational flight will be 30 minutes. 

4. Flights will outside of:

a. 5 nautical miles (NM) from an airport having an operational control tower or

b. 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or

c. 2 NM from an airport without a published instrument flight procedure or an operational

tower; or

d. 2 NM from a heliport with a published instrument flight procedure

5. Flights will not be conducted in restricted airspace (such as over major cities, etc)

6. Flights will be operated at an altitude of not more than 200 feet Above Ground Level (AGL)

7. sUAS operator will be trained in the proper safety and operations of the sUAS. 

8. The operator of the sUAS will utilize and comply with Precocity Aero Solutions LLC’s 

operational checklists

9. The operator of the sUAS will operate in compliance with the guidance provided within the 

operator’s manual of the sUAS

10. The operator of the sUAS will only operate if the weather and environmental conditions are 

within the safe operating guidelines as described in the operator’s manual of the sUAS

11. The sUAS will only operate within a limited area as defined above. 

12. The operator will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated as required. 

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have capability to 

autonomously return to a pre-determined location within the Security Perimeter utilizing a preprogrammed safe path and predetermined clear landing zone. 

14. The sUAS will have the capability to immediately abort a flight in case of unpredicted 

obstacles or emergencies. 

Specific justification for requested exemptions are listed below:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, 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 the Applicant, 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 U.S.C.§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 (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a predetermined area within line of sight of the operator. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator and 

under the requirements and in compliance with local public safety requirements. These safety 
enhancements provide a greater degree of safety to the public and property owners than similar 

operations utilizing conventional aircraft conducted with airworthiness certificates issued under 

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry 

a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

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. 

Even though the sUAS 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 UAV, two-inch lettering will be impossible. 

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 UAV marked on its fuselage as 

required by §45.29 (f) where the pilot and others working with the UAV will see the identification 

of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation 

to Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Sections 61.113 (a) & (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 in Command (PIC) operating the aircraft to be 

fully trained in the safe operation of the sUAS. Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAS is remotely controlled with no living thing on board and its 

operational area is extremely limited as previously described. The level of safety provided by 

these conditions exceeds that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of the sUAS 

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 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft, its extremely limited area of operation, the numerous redundant 

safety measures inherent in the sUAS and the use of the provided safety check lists prior to 

each flight, an equivalent level of safety will be provided.
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof. 

The 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 flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be accomplished via the pre-flight 

checklist provided. The PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

14 C.F.R. §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. 

sUASs and 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. The FAA has approved exemptions for flight training without 

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

aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact 

that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 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. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or at no more than 100 feet above and away from an elevated object, 

whichever higher, an exemption may be needed to allow such operations. As set forth herein, 

the sUAS will never operate at higher than 400 AGL or at an altitude greater than 100 feet 

above an elevated object and within 100 feet laterally from the elevated object. Additionally, it 
will operate within the conditions previously described and in an area where buildings and 

people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, 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 of the advance notice to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

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

is far less than those presently presented with conventional aircraft operating at or below 500 

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

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

91.119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an 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 operator by utilizing the provided checklist and confirming that the 

system recognizes the launch site as zero feet AGL prior to flight and correctly increases as the 

sUAS is set to hover at the initial safety stop immediately upon flight initiation.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 23 minutes of powered flight. As such, 

it is impossible to meet the 30 minute reserve requirement in 14 CFR §91.151. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUAS in an extremely limited operational area

where only people who have been notified and property owners or official representatives will be 

present with less than 30 minutes of reserve fuel does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 15% of battery power 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. Additionally, the sUAS has an embedded failsafe in which it continuously calculates the 

power required to safely return to its point of origin and land (with an appropriate factor of 

safety) and will do so automatically if the threshold is breached.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

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. 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, 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. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

14 C.F.R. §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 section and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the operating instructions of the sUAS, manufacturer recommended maintenance 

procedures and the provided checklists. An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will carry a small payload and operate in 

extremely limited operational 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. As 

provided in the checklists, 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.

Summary

In summary, the applicant believes that the approval of described exemptions allowing Precocity 

Aero Solutions LLC’s commercial operation of sUASs weighting less than 55 lbs. and in 

accordance with the strict conditions outlined above will provide at least an equivalent, if not 

elevated, level of safety. These lightweight aircraft operate at slow speeds, close to the ground, 

have numerous safety fail-safes, and are far safer than conventional operations conducted with 

traditional aircraft operating in close proximity to the ground and people.
Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and 

are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

additional information or clarifications are needed. 

Sincerely, 

Jeremy Gottshall

Owner, Precocity Aero Solutions LLC