August 6, 2015

Exemption No. 12375

Regulatory Docket No. FAA–2015–1966

Mr. Karl Mortensen

Dragon Avionics LLC

7511 Woodpalace Court

Annandale, VA 22003

Dear Mr. Mortensen:

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 May 15, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Dragon Avionics LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial imaging 

services.

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 3D Robotics Iris.
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 

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, Dragon Avionics 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 

 

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.
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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.

Conditions and Limitations

In this grant of exemption, Dragon Avionics 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 3D Robotics Iris 

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 
4

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

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.
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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.
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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.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Karl Mortensen

7511 Woodpalace Ct

Annandale, VA 22003

karl@dragonavionics.com

(703) 354-1340

15 May 2015

Hon. Michael Huerta 

Administrator 

Federal Aviation Administration 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Aviation Regulations from certain parts of the FARs. 

Dear Administrator Huerta: 

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

14 C.F.R. Part 11, Dragon Avionics LLC (“Dragon”), a small Unmanned Aircraft Systems 

(“sUAS”) operator, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow Dragon to operate sUAS under the conditions and limitations set 

forth in this Petition. 

The requested exemption would permit the operation of small, unmanned and relatively 

inexpensive sUAS under controlled conditions in airspace that is (1) limited, (2) predetermined, 

and (3) would provide safety enhancements to the already safe image gathering operations 

presently using manned helicopters and airplanes. Approval of this exemption would thereby 

enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish requirements 

for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of 

the Reform Act. 
The name and address of the applicant is: 

Dragon Avionics

Attn: Karl Mortensen

Email: karl@dragonavionics.com 

Address: 7511 Woodpalace Ct. Annandale, VA 22003

Telephone: (703) 354-1340 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. § 45.23(b) 

14 CFR § 61.3 

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 § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a) 

14 CFR § 407 (a) (1) 

14 CFR § 409 (a) (2) 

14 CFR § 417 (a) & (b) 3 

The Appendix describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption. 

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform 

Act, which directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before completion of the 

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

Administrator must determine which types of UASs 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 UAS’s size, weight, speed, and operational capability; 

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

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). 

If the Adminstrator 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) (emphasis added). 
The Secretary has delegated his aviation authority to the Administrator of the FAA. The Federal 

Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory 

requirements for civil aircraft, a term defined under §40101 of the Act, which includes sUAS. 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 the Federal Aviation Act if 

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). 

The petitioner is an aerial imaging company, intending to do business imaging agricultural, real 

estate, surveying, and other needs. Dragon founders have been flying model aircraft for years 

and are prepared to sell their aerial imaging services. The founders are also familiar with 

ground-based radar, UAV-based radar, Counter-UAS radar systems, aerial imagery, digital 

signal processing, and a variety of U.S. military UAS.

The wide availability of sUAS, sometimes known as “microdrones,” capable of carrying highquality video equipment and priced at affordable levels fascinated the petitioner. Their careers 

have involved exploring new technologies and adapting them to capture good information to 

help the U.S. warfighter with lifesaving real-time information. Dragon founders have flown 

several different types of sUAS systems over the course of the last 7 years, involving locations in 

New York, Virginia, Alabama and Idaho, for recreational purposes, exploring the potential and 

the limitations of various sUAS, as well as exercising their image collection and processing 

subsystem. Dragon founders have also observed many professional UAS flights, involving 

everything from safety pre-flight checks, to mid-scenario command and control decisions, to 

controlled landing. They have seen first-hand successful and unsuccessful sUAS expeditions, 

and have learned from both. They are familar with a wide variety of sUAS systems and have 

chosen as their preferred aerial platforms those sUAS solutions that offer both low price, high 

reliability, and good operator control. They are pleased with the platforms chosen and the 

quality of the images captured, and have used imagery captured from their sUAS systems to 

provide situational awareness to farmers already.

Having prepared themselves to capture and process aerial imagery, proven that it aids farmers 

in making near-real-time decisions for their livelihood and real estate agents in displaying their 

wares, Dragon desires the ability to do this in a professional, compensated capacity. For this 

purpose, Dragon seeks special permission from the FAA by way of this document. Many 

competitors of Petitioner are actively flying sUAS to conduct aerial photography for commercial 

purposes, notwithstanding the FAA’s stated prohibition. Dragon also notes the congressional 

mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the FAA 

move quickly to accommodate the economic and societal benefits that can result from 

widespread deployment of sUAS technology. Accordingly, Petitioner applies for authorization 

under the Federal Aviation Act, and the FARs rules to undertake the following activities for 

commercial purposes. Unless the Petition is granted, Petitioner will be at a significant 

competitive disadvantage, as Dragon intends to comply with FAA policy. 
Vehicles

The Petitioner has tested many sUAS vehicles, and intends to fly ArduPilot-compatible vehicles 

such as the 3DR Iris and those that are substantially similar. The 3DR Iris has already been 

approved by the FAA in multiple instances. The ArduPilot flight controller has built-in 

capability to limit the height the vehicle will fly above the ground, to limit the radius of the 

distance the vehicle will fly from the operator, and to exclude the vehicle from class B, C, 5 and D 

airspace. The petitioner has even designed a custom-built avionics device called Screamy that 

enables a ground operator to trigger a lost-drone alarm from their handheld controller or laptop 

ground control station. The vehicles also have built-in capability to return to the launching point 

if the wireless control link is interrupted or if the operator attempts to exceed any of the height, 

radius, or airspace limitations programmed into the vehicle during the pre-flight preparation

step.

The vehicles weigh around five pounds empty and have a maximum gross weight of up to 

approximately ten pounds. Most have a top speed around 30 knots. The vehicles are standard 

four-channel, five-channel, or six channel sUAS systems. They have standard control surfaces, 

with thrust varied by changing RPM. They are powered by lithium polymer batteries. 

Flight profiles 

The Petitioner will program the software controlling the vehicle so that it will not fly more than

400 feet above ground level, nor more than 1500 feet away from the operator. The operator will 

carefully preflight the vehicle before each mission to assure that its gyrocompass and GPS 

system are properly calibrated and that the return-to-home feature, altitude, and radius 

limitations are enabled. Operation on aerial photography missions will mainly take place in the 

early morning hours and other times when few people are out and about. The operator will fly 

only over largely unpopulated areas, where the potential of uncontrolled descent to cause injury 

or damage is low.

As part of standard pre-flight operations, Dragon operators will use the FAA’s B4UFLY mobile 

app to determine whether there are any restrictions or requirements in effect at the location 

where they want to fly.

The operator will not operate in controlled airspace. In the unlikely event that a manned aircraft 

flies below 400 feet AGL where a safety hazard could exist, the operator will keep both the 

vehicle and manned aircraft in sight and avoid the manned aircraft, deferring to manned aircraft 

at all times. More particularly, the Petitioner will fly only where invited or commissioned by the 

person in legal possession of the property to do so and where allowed by law.

All Dragon operators will undertake a period of at least twelve hours flight training with a 

simulator and actual vehicles, ensuring that the operator is proficient in anticipating and 

responding to situations or events that might interfere with safe flight, with ground operations, 

or with manned aircraft. 
The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform 

Act relating to size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight and national security. The Petition justifies grant 

of the requested exemptions to allow the Petitioner to perform aerial imagery for compensation.

Respectfully submitted, 

Karl D. Mortensen

Founder, Dragon Avionics
Appendix FAR 

section 

Subject Justification 

14 CFR § 45.23(b) Requirement to display 

registration number on 

vehicle 

Insufficient space on 

vehicle 

14 CFR Part 21 Aircraft certification 

requirements and 

procedures 

Designed for manned 

aircraft; not suitable for offthe-shelf sUAS 

14 CFR § 61.3 Requirement for pilot 

certificate 

Part 61 requirements 

designed for manned 

aircraft, not sUAS; petition 

describes training for sUAS 

operator 

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned 

aircraft; not suitable for offthe-shelf sUAS 

14 CFR § 91.9 (b) (2) Requirement for manual to 

be available in the cockpit 

No one aboard to read 

manual 

14 CFR § 91.103(b) Requirement for crew 

members to be onboard 

Unmanned vehicle 

14 CFR § 91.109 Requirement for dual 

controls during flight 

instruction 

No one aboard to operate 

controls 

14 CFR § 91.119 Minimum altitudes for safe 

flight 

Safety requires operation 

below these altitudes 

14 CFR § 91.121 Altimeter settings No one aboard to read 

altimeter 

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel 

14 CFR § 91.203 (a) & (b) Requirement for 

registration and 

airworthiness certificates to 

be onboard 

No one aboard to read 

certificates 

14 CFR § 91.205(b) Cockpit instruments No one aboard to read