U.S. Department of Transportation December 13, 2015

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

EZ3D, LLC

Section 333 Petition to Operate Small Unmanned Aerial Systems

Applicant:

Marty Marra

Founder

EZ3D, LLC

1016 Jefferson Ave.

Louisville, CO 80027

720-839-7764

martym@ez3d.biz

Prepared by:

Reed Frick

Director

EZ3D, LLC

978-994-5448

reed.frick@gmail.com
Petition Summary:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95

(2012), 126 Stat. 11 (“Section 333”) and the Federal Aviation Administration’s (“FAA”) general

exemption authority under 49 U.S.C. section 44701(f), EZ3D, LLC (“Petitioner”) hereby 

petitions for exemptions from 14 C.F.R Part 21, Subpart H (Airworthiness Certificates), 14 

C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 

61.113(a)-(b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 

91.417(a)-(b).

The proposed exemption, if granted, would allow Petitioner to conduct commercial operations of

small unmanned aircraft systems (“UAS”) meeting or exceeding all of the operational and safety

requirements Congress has set forth in Section 333.

Petitioner is an information services and technology company that plans to exploit the capabilities 

of Unmanned Aerial Systems to provide aerial survey, asset inspection, mapping, and 

infrastructure modeling capabilities for construction, real estate, insurance, 

telecommunications, law enforcement, civil engineering, mining, and energy markets.

UAS derived data is core to EZ3D's business operations and this exemption will enable the 

company to discover the most appropriate implementation of such technology. Ultimately,

incorporating UAS data acquisition into EZ3D's business processes will improve worker safety,

expedite response, and improve product quality for our customers.

As detailed below, EZ3D’s proposed use of UAS will occur under conditions that limit the 

likelihood of operations near members of the general public and ensure complete coordination 

with any manned aircraft operations.

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS.

Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may

operate safely in the national airspace system before completion of the (comprehensive) plan and 

rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of 

this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for 

“expedited operation authorization” if several factors are met. Petitioner meets all requirements to 

permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following:

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in

connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight, to include—
(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and 

any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and

landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein;

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may

operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of 

this section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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.

[emphasis added]

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that

aircraft inspected as prescribed in subpart E of the same part and shall, between required

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been

approved for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless,

within the preceding 12 calendar months, it has had an inspection for the issuance of an
airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with 

the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall 

be retained until the defects are repaired and the aircraft is approved for return to service.
The Petitioner has supplied the Following Additional Information:

 3D Robotics Solo User Manaul

 3D Robotics Iris + Operation Manual and Checklist

 3D Robotics X8-M Operation Manual and Checklist

 Aerialtronics Altura Zenith ATX8 User Manual

 DJI Inspire 1 User Manual (please visit http://www.dji.com/product/inspire1/info#downloads for the manual. File is too large to attach)

 DJI Matrice 100 User Manual (please visit https://developer.dji.com/matrice100/downloads/ for the manual. File is too large to attach)

 DJI Phantom 2 User Manual

 DJI Phantom 3 User Manual (please visit http://www.dji.com/product/phantom-3-

pro/info#downloads for the manual. File is too large to attach)

 DJI S900 User Manual and POH (please visit http://www.dji.com/product/spreadingwings-s900/info#downloads for the manual. File is too large to attach)

 DJI S1000 User Manual and POH

 MicroDrone md4-200 User Manual

 MicroDrone md4-1000 User Manual

 Parrot Bebop User Guide

Unmanned Aircraft Systems requested to operate under this request:

3D Robotics Solo

3D Robotics Iris +

3D Robotics X8-M

Aerialtronics Altura Zenith ATX8

DJI Inspire 1

DJI Matrice 100

DJI Phantom 2 

DJI Phantom 3

DJI S900

DJI S1000

MicroDrone md4-200

MicroDrone md4-1000

Parrot Bebop

The petitioner states that the unmanned aircraft (UA) to be operated under this request are less

than 55 lbs. fully loaded, fly at a speed of no more than 50 knots, carry neither a pilot nor

passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within 

a secured area as set out in the POHs. 

The 3D Robotics Solo is a four-rotor aircraft. The VTOL quadrotor-type design has four motors, 

GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, 

the craft has integrated safety features built into the design of the UAS, as described in the 

Operation Manual, to ensure the safety of persons and property within and surrounding the 

limited operating area. The petitioner further describes that, in the event the UAS loses 

communications or its GPS signal, the UA will have the capability to return to a pre-determined 
location within the Security Perimeter and land. It will also have the capability to abort a flight in 

the event of unpredicted obstacles or emergencies.

The Iris + is a four-rotor manufactured by 3D Robotics. The VTOL quadrotor-type design has 

four motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. 

In addition, the craft has integrated safety features built into the design of the UAS, as described 

in the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

The X8-M is a four-rotor manufactured by 3D Robotics. The VTOL quadrotor-type design has 

eight motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. 

In addition, the craft has integrated safety features built into the design of the UAS, as described 

in the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

The Altura Zenith ATX8 is a multi-rotor aircraft built with a monocoque carbon airframe.

The Zenith has a 5.6 kg take-off weight and a maximum payload of 2.9 kg. The Zenith carries a

16.600 mAh battery, which facilitates up to 45 minutes of flight-time. It can be flown with either

a radio or tablet and carries a variety of payloads. The aircraft also has redundant motors. The 

Zenith has a maximum cruise speed of 20m/s. It features auto-takeoff and landing, auto go home 

and landing, GPS waypoint navigation, direction lock, full autopilot, telemetry and ground 

control. The petitioner further describes that, in the event the UAS loses communications or its 

GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

The DJI Inspire 1 weighs less than 7 lbs., has four motors and has the ability to hover and

move along a vertical and horizontal plane simultaneously. Its dimensions are 438mm x 451mm

x 301mm or 17.24inch x 17.75inch x 11.85 inches. Under still air the maximum speed is no

more than 49mph with a cruising speed of 25mph. Its safety system will allow it either to hover

in place and slowly descend if communication with the PIC is lost or to return to a predetermined

point. The petitioner further describes that, in the event the UAS loses communications or its GPS 

signal, the UA will have the capability to return to a pre-determined location within the Security 

Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted 

obstacles or emergencies.

The DJI Matrice 100 is a four-rotor manufactured by DJI. The VTOL quadrotor-type design has 

four motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. 

In addition, the craft has integrated safety features built into the design of the UAS, as described 

in the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.
DJI Phantom 2 is a four-rotor manufactured by DJI. The VTOL quadrotor-type design has four 

motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In 

addition, the craft has integrated safety features built into the design of the UAS, as described in 

the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

DJI Phantom 3 is a four-rotor manufactured by DJI. The VTOL quadrotor-type design has four 

motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In 

addition, the craft has integrated safety features built into the design of the UAS, as described in 

the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

The S900 is a six-rotor manufactured by DJI. The VTOL hexarotor-type design has six motors, 

GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, 

the craft has integrated safety features built into the design of the UAS, as described in the POH, 

to ensure the safety of persons and property within and surrounding the limited operating area. 

The petitioner further describes that, in the event the UAS loses communications or its GPS 

signal, the UA will have the capability to return to a pre-determined location within the Security 

Perimeter and land. It will also have the capability to abort a flight in the event of unpredicted 

obstacles or emergencies.

The S1000 is an eight-rotor manufactured by DJI. The VTOL octarotor-type design has eight 

motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In 

addition, the craft has integrated safety features built into the design of the UAS, as described in 

the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

The Microdrone md4-200 is a four-rotor manufactured by Microdrones. The VTOL quadrotortype design has four motors, GPS, full autonomous autopilot capabilities, telemetry and manual 

ground control. In addition, the craft has integrated safety features built into the design of the 

UAS, as described in the POH, to ensure the safety of persons and property within and 

surrounding the limited operating area. The petitioner further describes that, in the event the UAS 

loses communications or its GPS signal, the UA will have the capability to return to a predetermined location within the Security Perimeter and land. It will also have the capability to 

abort a flight in the event of unpredicted obstacles or emergencies.

The Microdrone md4-1000 is a battery powered quadcopter weighing less than 6 kg,

including payload. It has a maximum speed of 26 mph and a maximum flight operating

endurance of 88 minutes. Its flight and navigation controller centers on an inertial measurement

unit, consisting of an accelerometer and a gyroscope for each axis, supplemented by a 3-axis

magnetometer, a barometric altitude sensor and a GNSS receiver. With all these sensor readings

put together, the md4-1000 is able to fly self-stabilized with GNSS Position Hold. As soon as
there is no input from the operator, the md4-1 000 will stay on the spot, waiting for the next

command. It is possible to let the md4-1 000 hover in the same spot for several minutes.

The aircraft is operated using a remote control ground station and is capable of setting

pre-programmed distance and height limits. In the event of a loss link, GPS failure or law

battery condition, the aircraft can be programmed to descend and land or return to home. The 

petitioner further describes that, in the event the UAS loses communications or its GPS signal, the 

UA will have the capability to return to a pre-determined location within the Security Perimeter 

and land. It will also have the capability to abort a flight in the event of unpredicted obstacles or 

emergencies.

The Parrot Bebop is a four-rotor manufactured by Parrot. The VTOL quadrotor-type design has 

four motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. 

In addition, the craft has integrated safety features built into the design of the UAS, as described 

in the POH, to ensure the safety of persons and property within and surrounding the limited 

operating area. The petitioner further describes that, in the event the UAS loses communications 

or its GPS signal, the UA will have the capability to return to a pre-determined location within the 

Security Perimeter and land. It will also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies.

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part

47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart

C. Markings will be as large as practicable.

Pre-flight Inspection, Maintenance

Before each flight the PIC will perform a series of pre-flight and takeoff checks as defined by the

POH supplied. After each 60 minutes of airtime, the craft will undergo a thorough inspection of

all aircraft components, including, but not limited to:

a. Actuators / Servos

b. Motors, wiring and connectors

c. Propellers, smooth, no chips

d. Electronic speed controller, wiring and connectors

e. Batteries, wiring and connectors

f. Remote command and control

g. Ground control station

UAS Operating Parameters

The petitioner states that all flights will be operated within visual line of sight (VLOS) of pilot, in

daytime VFR flight conditions and all operations will be conducted with the assistance of a

second spotter/observer. The UAS flights will be limited to a maximum altitude of 400 feet AGL.

Altitude is accurately measured by GPS. The petitioner further states that an operator will ensure 

that only consenting production personnel will be allowed within 100 feet of the UA operation, 

and UAS will be kept at least 100’ from any inhabited structure. Generally the petitioner’s UAS 

will be operated in rural or suburban areas that will permit significantly larger safety zones.

Flight Standards District Offices (FSDOs) will be notified as required prior to operations to

describe intended coordination for proposed operation(s). Petitioner will obtain an Air Traffic

Organization (“ATO”) issued Certificate of Waiver or Authorization (“COA”) prior to 

conducting any operations under this grant of exemption. In fulfilling its requirements under the 

COA, Petitioner will be required to request a NOTAM not more than 72 hours in advance, but not 

less than 48 hours prior to the operation.
Petitioner’s UAS will remain clear and yield the right of way to all manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute activities,

parasailing activities, and hangliders). Petitioner will not conduct UAS operations within 5

nautical miles of the geographic center of a non-towered airport unless a letter of agreement with 

that airport’s management is obtained and the operation is conducted in accordance with a

Notice to Airmen (“NOTAM”).

Pilot in Command (PIC)

Petitioner notes that FAA requires the Pilot in Command to hold either an airline

transport, commercial, private, recreational or sport certificate pilot license and either 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. Petitioner will

ensure that its PICs will satisfy each of these requirements. Since Petitioner's PICs will be

operating UAS under the same conditions as those previously granted, an equivalent level of

safety will be met by granting these exemptions.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.103(b)(1), Petitioner will comply 

with the other applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, 

the PIC will take all actions including reviewing weather, flight battery requirements, aircraft

performance data, and landing and takeoff distances before initiation of a flight. The PIC will also 

account for all relevant site-specific conditions in their preflight procedures. Risks presented by 

sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a 

return-to-home sequence if needed.

Radio Frequencies

Radio frequencies used will be those allotted by the FCC for data transmission and vehicle

control in unlicensed frequency bands. All devices used will comply with FCC usage and

emissions regulations.

Safety and Benefits of the UAS

The petitioner will be using the UAS in a variety of applications that generally require expensive

full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer a myriad of 

benefits over the use of full-sized manned aircraft for electric power line inspection, oil/gas

pipeline inspection, advanced agriculture, film and still photography, just to name a few.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Petitioner’s requested exemptions, the FAA will help drive development of safe and

successful commercial UAS operations and will advance the public knowledge base for such

operations. Petitioner is committed to promoting the UAS research efforts of policymakers

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS

operations and serving as a resource for future UAS research operations. Thus, the FAA has good 

cause to grant this Petition.

Conclusion

For the foregoing reasons, the exemptions requested herein should be granted and Petitioner

should be permitted to conduct small UAS operations in accordance with its manuals and all

other operating parameters deemed necessary and appropriate by the FAA.