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July 27, 2015

Ira McComic

Managing Member

UAS Flight Services LLC

2128 Heather Hill Lane

Plano, TX 75075

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Ref: Request for exemption under section 333 of the FAA Modernization and Reform 

Act

Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act (FMRA) and 14 CFR 

Part 11, UAS Flight Services LLC hereby requests a grant of exemption from certain 

Federal Aviation Regulations for the purpose of employing Unmanned Aircraft Systems 

(UAS) for commercial on-demand operations that include:

• Agricultural data collection and monitoring

• Wildlife and forestry monitoring

• Support of public entity operations

• Search and rescue operations

• Accident/incident survey and investigation

• Aerial inspection, video, and photography of residential and commercial utility

infrastructures

• Maritime aerial operations

• Security monitoring

• Aerial inspection, video, and photography of residential and commercial property and 

structures

• Aerial video, photography and filming, including cinematography

• Training in the operation and applications of UAS

Aircraft to be employed in these operations

In compliance with the exemption, UAS Flight Services LLC will operate the following 

aircraft: DJI Phantoms, DJI Inspire 1, and 3DR Solo. 

Name and contact information of petitioner:

UAS Flight Services LLC
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2128 Heather Hill Lane

Plano, TX 7507

Email: uasflightservices@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H

14 CFR. 45.23(b)

14 CFR 61.113 (a)(b)

14 CFR. 91.7(a)

14 CFR 91.9(b)

14 CFR. 91.103

14 CFR. 91.109(a)

14 CF R. 91.119(c)

14 CFR. 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)

Aircraft and Equivalent Level of Safety

Section 333 of the FMRA authorizes the FAA to assess which types of unmanned aircraft 

systems may be operated safely in the national air space. The considerations included in 

that assessment are size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight. Furthermore, if the Secretary

determines that certain unmanned aircraft systems may operate safely in the national 

airspace, the Secretary shall establish requirements for the safe operation of such 

unmanned aircraft systems in the national airspace.

As enumerated and described in the Conditions and Limitations below, the applicant 

proposes that the operation of its small UAS within these limits and under these 

conditions provide for the safe operation of those aircraft in the national airspace and 

provide at least an equivalent level of safety to operations conducted under existing 

regulations using larger aircraft.

Conditions and Limitations

The conditions and limitations to which the operator agrees to be bound when conducting 

commercial operations under an FAA issued exemption are:

1. Operations authorized by the grant of exemption will be limited to the following 

Unmanned Aircraft (UA): DJI Phantoms, DJI Inspire 1, and 3DR Solo, and when 
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weighing less than 55 pounds including payload. These are UA models that have been 

previously documented and approved for exemption.

2. For operations for the purpose of closed-set motion picture and television filming, the 

conditions and limitations enumerated as 29.), 30.) and 31.) shall apply.

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

Either groundspeed or calibrated airspeed will be used 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 will be operated at an altitude of no more than 400 feet above ground level 

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

5. The UA will be operated within visual line of sight (VLOS) of the Pilot in Command 

(PIC) at all times. The PIC will 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 shall utilize a visual observer (VO). The UA will 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 shall be able to communicate verbally at all times. Electronic messaging or 

texting will not be permitted during flight operations. The PIC will be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. The PIC 

will ensure that the VO can perform the duties required of the VO.

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

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

exemption (“the operating documents”) will be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the exemption and the procedures outlined in the operating 

documents, the conditions and limitations in the exemption would take precedence and 

will be followed. Otherwise, the operator will follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents, in 

which case it will be 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 will also present updated and revised documents if it petitions 

for extension or amendment to its grant of exemption. If the operator determines that any

update or revision would affect the basis upon which the FAA granted its exemption, 

then the operator will petition for an amendment to its grant of exemption.

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, shall undergo a 

functional test flight prior to conducting further operations under the exemption. 

Functional test flights will only be conducted by a PIC with a VO and will remain at least 
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500 feet from other people. The functional test flight will be conducted in such a manner 

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

9. The operator will be 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 will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will 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 will 

not participate in an operation until the necessary maintenance has been performed and 

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

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

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

components.

12. Each UAS operated under the exemption will comply with all manufacturer safety 

bulletins.

13. A PIC will hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC will 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 will 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.

14. The operator will 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 the exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency will be logged in a manner consistent with 14 CFR 

61.51(b). It is anticipated that 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 

the exemption will be permitted under the terms of the exemption. However, training 

operations will only be conducted during dedicated training sessions. During training, 

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

will be considered nonparticipants, and the PIC will operate the UA with appropriate 

distance from nonparticipants in accordance with 14 CFR 91.119.

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

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

under special visual flight rules (SVFR) will not be performed.
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16. The UA will 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 FAApublished aeronautical chart, unless a letter of agreement with that airport’s management 

is obtained or otherwise permitted by an FAA Certificate of Waiver or Authorization 

(COA) issued to the exemption holder. The letter of agreement with the airport 

management will be made available to the Administrator or any law enforcement official 

upon request.

17. The UA will 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 will return to a predetermined location within the private or controlled-access property.

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

20. The PIC will not begin 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 will be conducted in accordance with an ATO-issued COA or other FAA 

approved COA. It is understood that 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 any existing ATO-issued COA or other FAA approved COA.

22. All aircraft operated in accordance with the exemption will 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 will 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 will be available to the PIC 

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

documents will be made available to the Administrator or any law enforcement official 

upon request.

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

activities at all times.

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

26. All flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:
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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 will 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 will 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.

It is understood that the PIC, VO, operator trainees or essential persons would not be 

considered nonparticipating persons under the exemption.

27. All operations will 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 will be reported to 

the FAA’s UAS Integration Office (AFS−80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov.

The requested exemption seeks permission to conduct operations for the purpose of 

closed-set motion picture and television filming and production. For those operations, the 

following additional conditions and limitations will apply.

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

as documented in the grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS will submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction 

over the area of proposed filming. It is understood that the 3-day notification may be 

waived with the concurrence of the FSDO. The plan of activities will 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 

the 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 shall be made available to the inspector upon request;
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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 the grant of exemption, the UAS, the UAS PIC, and the 

UAS operations will comply with all applicable parts of 14 CFR including, but not 

limited to, parts 45, 47, 61, and 91.

Extent of relief sought from 14 CFR

For its commercial operations, and in accordance with the Conditions and Limitations 

described above, UAS Flight Services LLC requests relief from the following rules of 

Title 14 of the Code of Federal Regulations (CFR).

14 CFR Part 21 Subpart H Airworthiness certificates: Airworthiness Certificates 

and 14 CFR Section 91.203(a) (1) 

14 CFR Part 21, Subpart H establishes the procedural requirements for the issuance of 

airworthiness certificates as required by 14 CFR. 91.203(a)(1). Given the small size of 

the UAS to be utilized and the Conditions and Limitations described above, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 

11 and as required by Section 333 of the FMRA with consideration of the “size, weight, 

speed, operational capability, and proximity to airports and populated areas, and visual 

line of sight”

14 CFR 45.23(b) Display of marks; general

This rule requires, for certain provisionally certificated aircraft, certain lettering to be 

displayed near the entrance to the aircraft’s cabin or cockpit. Even though the UAS will 

not have an airworthiness certificate, an exemption may be needed to this rule since these 

unmanned aircraft have no entrance to the cabin, cockpit, or pilot station. Although the 

UAS will not have an airworthiness certificate, it will be registered with the FAA, and 

given the size of the aircraft, the UAS will display its registration number on the aircraft 

in the largest practicable lettering.

14 CFR 61.113 (a)(b) Private pilot privileges: Pilot in command

This rule limits private pilot privileges and, by implication, lower level pilot privileges, to 

non-commercial operations. Unlike a conventional manned aircraft, a UAS is remotely

controlled by a ground-based operator. Because the UAS will not carry a pilot or 

passengers, the operational area is controlled and restricted, and all flights are planned 

and coordinated in advance, the risks associated with the use of the UAS are so 

diminished from the level of risk associated with commercial operations contemplated by

Part 61 that allowing the UAS to be operated by a person holding at least a sport pilot 
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certificate exceeds the present level of safety sought by 14 CFR 61.113(a) (b). Under this 

grant of exemption, UAS Flight Services LLC will require the Pilot in Command (PIC) to 

hold either an airline transport, commercial, private, recreational, or sport pilot certificate 

and 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. Furthermore, 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.

14 CFR 91.7(a) Civil aircraft airworthiness

This rule specifies 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. Daily pre- and post-flight inspections will be accomplished in accordance 

with the manufacturer’s maintenance manual and guidance. During flight, the PIC will 

adhere to 14 CFR 91.7(b) and abort air operations immediately upon identification of an 

in-flight emergency or other unsafe condition. By complying with the procedures 

outlined by the manufacturer’s maintenance manual as well as with 14 CFR 91.7(b), a 

required level of safety will be provided. 

14 CFR 91.9(b) Civil aircraft flight manual, marking, and placard requirements

This rule prohibits operation of U.S.registered civil aircraft 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. These UAS, given their 

size and configuration, do not have the ability or place to carry such a flight manual in 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. A required level of safety will be provided 

by keeping the flight manual within the immediate proximity of the UAS ground control 

station.

14 CFR. 91.103: Preflight action

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

safety of flight. Because FAA an approved flight manual will not be provided for the 

aircraft, an exemption may be needed. The UAS operator will take all actions including 

reviewing weather, flight battery requirements, launch paths and landing approaches, and 

aircraft pre-flight check parameters and data before commencement of flight.

14 CFR 91.109(a) Flight Instruction

This rule 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. UAS, by their design, do not have fully functional dual controls. Flight 

control is accomplished through the use of the ground control station that communicates 

with the aircraft via radio signals. The design does not allow for dual controls during 

flight training and therefore the exemption to this rule is requested to train operators, 

build experience, and maintain proficiency. A required level of safety is provided by the 
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fact that neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft.

14 CFR 91.119 (c) Minimum safe altitudes

This rule specifies that over other than congested areas, an aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the UAS will be 

operating at a maximum of 400 feet AGL for commercial operations, an exemption is 

needed for these operations. Given the size, weight, and lack of fuel, combined with the 

Conditions and Limitations listed above, the operation will be conducted with a greater 

level of safety than exists with current manned aviation operations.

14 CFR 91.121 Altimeter settings

This rule 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.” Because these UAS do not have 

a barometric altimeter, but rather a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be provided due to the GPS’s accuracy combined with 

the actions of the UAS operator in confirming the altitude of the launch/recovery site 

shown on the GPS altitude indicator before flight.

14 CFR 91.151(a) Fuel requirements for flight in VFR conditions

This rule prohibits a person 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.”

This rule is based on the capabilities of traditional aircraft, which typically have flight 

times of several hours; however, the battery-powered UAS utilized for these commercial 

operations have flight times typically of no more than 30 minutes. Operating the UAS in 

a rigidly controlled area where only people and property owners or official 

representatives have given permission for these operations does not engender the type of 

risks that Section 91.151(a) was intended to alleviate, especially given the size and speed 

of the UAS. Additionally, limiting UAS flights to extreme minimum flight times would 

greatly reduce the utility for which the exemption would be granted. A required level of 

safety will be achieved by limiting flights to the manufacturer’s flight endurance 

specifications and by imposing a minimum reserve of battery life to force a controlled 

landing safely without exceeding the manufacturers’ maximum flight endurance 

specifications. This restriction would be more than adequate to return the UAS to its 

planned launch/recovery site from anywhere within its limited operating area.

14 CFR 91.203 (a)(b) Civil aircraft: Certificates required

This rule provides in pertinent part: “(a) Except as provided in Section 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 
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is legible to passengers or crew.” Because these UAS have no cabin or cockpit and, 

weighing no more than 55 lbs fully loaded, are of a size that it is impractical for them to 

carry certification and registration documents, a required level of safety will be achieved 

by keeping any such documents applicable to the UAS in the immediate proximity of the 

ground control station.

14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a)(b) Maintenance 

inspections

These rules 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 that others shall inspect or maintain the aircraft in compliance 

with Part 43. Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. The operator will 

perform the maintenance in accordance with the UAS’s flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS are limited in 

size, will carry small payloads, and operate only in observed, controlled areas for limited 

periods of time. If mechanical issues arise, the UAS will be operating from a height of no 

more than 400 feet AGL and can land immediately. The operator will ensure that the 

UAS is in working order prior to initiating flight and perform required operator 

maintenance. Major maintenance events beyond basic operator maintenance shall be 

recorded in the UAS equipment record jacket. Moreover, the UAS 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 for Publication in the Federal Register

The following summary is provided for publication in the Federal Register should it be 

determined that publication is required:

Pursuant to Section 333 of the FAA Modernization and Reform Act (FMRA) and 14 CFR 

Part 11, UAS Flight Services LLC requests a grant of exemption from certain Federal 

Aviation Regulations for the purpose of employing Unmanned Aircraft Systems (UAS) 

for commercial on-demand operations. Applicant seeks exemption from the following 

rules: 14 CFR.21, subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a)(b); 91.7(a); 91.9(b); 

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

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

Public Interest and Benefit

The services provided by UAS Flight Services LLC, many normally provided in manned 

aircraft, may be provided with increased safety and at significantly lower cost in 

situations where the use of unmanned UAS aircraft would supplement or replace the use 

of manned aircraft as a result of safety or economic considerations in certain applications 

where extended operational range and extended time aloft are not a factor. The proposed 

UAS operations will pose no threat to the public given its small size and lack of 
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combustible fuel when compared to larger manned aircraft, minimize potential ecological 

affects or damage, and promote economic growth by providing services to individuals or 

organizations requiring aerial inspection and survey, data collection and monitoring, 

search and rescue, videography, cinematography or photography, and imaging data. 

Additionally, the growth of the UAS industry is precipitating the growth of an increasing 

number of UAS enthusiasts who have little or scant formal knowledge or training 

regarding UAS operations and the potential danger of those operations within the national 

airspace. While it is unclear what pilot certification requirements will ultimately apply to 

UAS operations for commercial purposes under the final rulemaking process, there is an 

increasingly pressing need for training regarding the applicable federal aviation 

regulations for UAS operations and the flight characteristics of unmanned aircraft. 

Training in the operation and applications of UAS for compensation provides economic 

incentive to accomplish the public goal of integrating both recreational and commercial 

UAS into the national airspace while promoting safety and the public awareness of 

current regulations affecting UAS operations.

Privacy

All operations will be conducted in accordance with applicable laws regarding privacy. 

Commercial film and TV filming events will be of people who have consented to being 

filmed or otherwise have agreed to be in the area where filming will take place.

Conclusion

The operations by UAS Flight Services LLC using unmanned aircraft systems under the 

requested exemption can provide aerial services with less risk of accident, injury, and 

loss of property than many of the same aerial operations performed by manned aircraft. 

Additionally, training in UAS operations for compensation promotes the safe and 

responsible integration of UAS within the national airspace. Satisfaction of the criteria 

provided in Section 333 of the FAA Modernization and Reform Act—size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security— provide adequate justification for the 

grant of the requested exemption allowing commercial operations by UAS Flight 

Services LLC.

Respectfully,

Ira McComic

Managing Member

UAS Flight Services LLC