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Clean Energy Powered Terrestrial Data Acquisition and Analysis

August 10, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave SE

Washington, DC 20590

Re: Exemption Request under Section 333 - Small UAS

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems (UAS)”, 

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), The 

Petitioner, DRAGONFLY OPS INC, proposes the following exemptions and meets all 

requirements to permit FAA approval of commercial UAS operations.

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 aerial and technical photography company that plans to exploit the 

capabilities of Unmanned Aerial Systems to offer a multitude of services including:

Surveying and Mapping

Agriculture

Filmmaking and Photography

Real Estate

Construction Site Monitoring

Educational and Research

Search and Rescue

Aerial Inspections

 2083 Equestrian Court, Park City, Utah USA 84060 www.dragonflyops.com 435.649.3626
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A. The name and contact information of the applicant are:

Dragonfly Ops Inc

Attn: Bruce W King

2083 Equestrian Court

Park City, Utah 84060

Phone: 435.649.3626

Email: bruce@dragonflyops.com

B. Specific section or sections of 14 CFR from which exemption is sought:

14 CFR 21

14 CFR 36

14 CFR 45.23, 45.27

14 CFR 45.29

14 CFR 61.113

14 CFR 91.9

14 CFR 91.103

14 CFR 91.119

14 CFR 91.151

14 CFR 91.203

14 CFR 91.405, 91.407, 91.409, 91.417

The extent of relief sought is for the duration of the Grant of Exemption, unless otherwise 

specified.

C. The reason to seek the relief is as follows:

14 CFR 21

The petitioner requests relief from 14 CFR part 21. The UAV is a small rotorcraft weighing 

less than 25 pounds during operation. The UAV maximum speed is 25 mph and the 

operating area will be limited to remote or impassable locations where vehicular traffic is 

non-existent or controlled. The PIC will maintain VFR rules flying at no more than 400 

feet and will operate the UAV during the day in line-of-sight so as not to create a hazard 

to users of the national airspace system (NAS) or the public or pose a threat to national 

security.

14 CFR 36

The petitioner requests relief from any associated noise certification and testing 

requirements of part 36. As a note, according to the manufacturer’s specifications, the 

UAV operates below 40db within 50 meters.
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14 CFR 45.23, 45.27

The UAV does not currently display marks consisting of the Roman capital letter “N” 

followed by the registration number of the aircraft in compliance with 14 CFR 45.23 and 

14 CFR 45.27. The Petitioner will register the UAV with the FAA and ensure UAV is 

marked as appropriate before using the UAV in the NAS for commercial purposes.

14 CFR 45.29

The Petitioner requests relief from the size requirements under this section due to the 

size limitations of the UAV. We propose to use marks as large as possible on the UAV as 

well as keep registration information with the PIC during operation.

14 CFR 61.113

The Petitioner currently does not have commercial pilot licenses and requests relief from 

14 CFR part 61.113 The flight is only incidental to the proposed business or employment; 

and the aircraft does not carry passengers or property for compensation or hire.

14 CFR 91.9

Relevant materials shall be kept in a location accessible to the PIC in compliance with the 

regulations.

14 CFR 91.103

In regards to 91.103(b), the UAV will not be operated within any Class B, C, or D 

airspace; but, the PIC will follow all other applicable pre-flight actions including reviewing 

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

performance data before initiation of flight.

14 CFR 91.119(c)

The petitioner requests relief from this section because PIC will ensure the UAV is 

operated in controlled environments outside of populated areas away from public and 

traffic; avoiding of areas which are depicted in “yellow” on VFR charts, as well as 

obtaining and assessing information regarding congested areas from the local Flight 

Standards District Office (FSDO) and avoiding areas of congestion. The UAV will not be 

operated within 500 feet of vehicles or objects in open areas. 

The petitioner requests that if barriers or structures are present that can sufficiently 

protect nonparticipating persons from the UAV or debris in the event of an accident, the 

PIC may operate closer than 500 feet to persons afforded such protection. The operator 

will ensure that nonparticipating persons remain under such protection.
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14 CFR 91.151

The petitioner requests exemption from this section due to the maximum flight time 

available from this UAV. The UAV total flight time is limited to 30 minutes and therefore 

the PIC would not be able to meet the minimum standards and still conduct the 

inspections. The UAS is equipped with a visual battery indicator that displays the battery 

levels at all time.

Additionally, the UAS has a visual alarm that indicates when the battery reaches a state 

of 20% battery life, or approximately 7 minutes of flight time. These indicators, coupled 

with pilot awareness and the emergency return-to-station setting will supply ample time to 

land the UAV safely in the event of low battery.

14 CFR 91.203

The petitioner requests relief from 14 CFR 91.203 as the appropriate airworthiness 

certificate does not exist for this UAS. Additionally, the certificate cannot be displayed in 

the aircraft due to the size and physical structure of the UAV.

14 CFR 91.405, 407, 409, 417

The petitioner requests relief from 14 CFR 91.405, 407, 409, and 417 The above-cited 

regulations require, in general, aircraft owners and operators to inspect the aircraft “...as 

prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in 

part 43 of this chapter.” These regulations apply to aircraft with an Airworthiness 

Certificate. Therefore, these sections are not applicable to this UAS. Operators will 

adhere to requirements located within the operations manual.

D. The reasons why granting this request would be in the public interest; that is, 

how it would benefit the public as a whole:

Personnel Safety:

Construction sites and land movements are areas of his risk for inspector and any foot 

traveler. With the help of UAS more complete site inspections can be performed without 

risking the life and safety of employees.

Access to remote or unreachable areas:

Segments of Construction Sites, dams, farms, pipelines, and bridges may currently be or 

become unreachable, partially obscured, or impracticable for inspection by conventional 

means, such as physically walking the line, or utilizing airplane or helicopters for 

inspections. Access to assets can also be partially or completely blocked by 

environmental singularities, such as vegetation growth, or blocked by mechanical means 

such as vehicle accidents, new construction, or road maintenance. The use of our UAV 

will ensure access to remote or impassable areas on an as-needed basis as well as 

during or after uncontrolled singular events.
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Cost Effectiveness:

Currently, multiple personnel consisting of agency officials, employees and/or contractors 

are often required to conduct field inspections on large projects over vast amounts of 

terrain in order to ensure public safety and meet regulatory requirements. Inspections can 

require a substantial amount of person-hours and persist for days or weeks at a time due 

to terrain and accessibility issues. Factoring in engineering, planning & scheduling, safety 

meetings, mileage, recovered man-hours, potential down time due to injury, potential 

worker’s compensation savings, and the intangible consideration of keeping employees 

injury-free, the current system of inspecting these assets becomes cost prohibitive. UAV 

inspections in select areas are timelier, safer and more efficient than the conventional 

methods for conducting these inspections. Our UAV inspections will free up otherwise 

occupied employees, and provide a more economic approach to the traditional 

inspection, thus lowering operational costs. Lower overhead for corporations could lead 

to end-user savings such as decreased utility bills.

E. The reasons why granting the exemption would not adversely affect safety or 

how the exemption would provide a level of safety at least equal to that provided 

by the rule from which the exemption is sought.

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

less than 25 lbs fully loaded, flies at a speed of no more than 25 mph, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area as set out in the POH. The crafts are the 

Phantom 3 four-rotor and Matrice 100 four-rotor manufactured by DJI. The VTOL crafts 

are quad-rotor with 4 motors, both systems include GPS system, full autonomous 

autopilot capabilities, telemetry and manual ground control.

In addition, each 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. In the event of a communication loss in manual 

control, the UAS switches to GPS control and return to its takeoff coordinates to perform 

a “Fail-Safe Landing” within the security perimeter. It will also have the capability to abort 

a flight in the event of unpredicted obstacles or emergencies.

Petitioner’s UAS’s will be identified by serial numbers, registered in accordance with 14 

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

C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

The aircraft will be operated with both a PIC and a ground-based Visual Observer (VO) in 

accordance with FAA Policy N 8900.227 Section 14, Operational Requirements for UAS. 

Operations will be conducted in remote or inaccessible regions with the permission of the 

land owner and all required permits will be obtained from state and local government 

before operation. The UAV will not be operated within 500 feet of vehicles or objects in 

open areas, unless barriers or structures are present that can sufficiently protect 

nonparticipating persons from the UAV or debris in the event of an accident. 
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The PIC will file a Notice to Airmen (NOTAM) providing location and a date/time for each 

operation and a VFR Flight Following, if necessary.

The aircraft will not be operated over urban or populated areas; at air shows or over an 

open-air assembly of people; over heavily trafficked roads; or within 5 nautical miles of an 

airport or heliport. Flight operations will be limited to day, visual meteorological conditions 

and the aircraft will remain within visual line of sight of the PIC at all times.

This exemption will provide a greater level of safety to that provided by the rule from 

which the exemption is sought due to the current nature of conducting inspections in 

remote regions. Because UAS flights are not currently authorized for commercial use, 

methods for inspecting remote assets are limited to pedestrian or helicopter operations. 

Where helicopter operations are not feasible due to environmental or mechanical 

obstructions, and or structural elements, utilizing the UAV will provide a safe alternative to 

the inherent dangers of walking through these regions to conduct the required 

inspections. The small size, extreme maneuverability and zoom capabilities on the 

camera allow for a safe, unimpeded inspection of critical infrastructure assets.
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Summary to publish in the Federal Register

The rule from which exemption is sought:

Dragonfly Ops Inc seeks exemption under §333 of the FAA Modernization and Reform 

Act of 2012 (Public Law 112-95) from 14 CFR 21; 14 CFR 36, 45.23; 45.27, 45.29; 

61.113; 91.9(b) (2); 91.103(b); 119(c); 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 

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

A brief description of the nature of the exemption sought:

Dragonfly Ops Inc requests an exemption under Section 333 of the FAA Modernization 

and Reform Act of 2012 for commercial flight of its UAS. Dragonfly Ops Inc provides 

aerial photography and inspection focused on Construction and Technical Applications. 

With approval of this petition, Dragonfly Ops Inc will utilize our UAS to perform 

inspections, progress reports, surveying, mapping and other related services focused on 

the construction industry. Proposed operations will be performed in full compliance with 

aviation safety regulations. As per 14 CFR §11.81, this petition for exemption is prepared 

and filed in accordance with regulation to request exemptions from the Federal Aviation 

Regulations pertaining to operation of a UAS so that operations can be commercially 

completed in accordance to all applicable FARs that would pertain to a small UAS.

Any additional information, views or arguments available to support request:

Argument:

We here at Dragonfly Ops Inc are requesting this exemption because we strongly believe 

in the continuous improvement of safety measures that offer to protect our field personnel 

from the inherent dangers of the work environment, also we seek to improve and develop

the investigation and data collection methods in the technical perspective of the 

construction processes. The use of Unmanned Aircraft Systems (UAS) affords us a great 

opportunity to reach both of these goals. Through adopting and utilizing UAS 

technological advancements within these fields, we are unlocking the potential to create a 

safer workplace for our loved ones, ensure regulatory requirements are exceeded, and 

build inspection data with which we can improve and protect the infrastructure of these 

crucial industries. We look forward to working with the FAA in meeting and exceeding 

these goals in the near future.
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Additional Information:

Unmanned Aircraft Systems

Name: Dragonfly 1

Manufacturer: DJI (see www.dji.com)

Model: Phantom 3

Weight: max 25 lbs

Battery Flight Time: 30 mins

Video Transmitter: LightBridge 

Camera: 4K

Name: Dragonfly 2 

Manufacturer: DJI (see www.dji.com)

Model: Matrice 100

Weight: max 25 lbs

Battery Flight Time: 30 mins

Video Transmitter: LightBridge

Camera: 4K

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:

Actuators & servos

Motors, wiring and connectors

Propellers, smooth, no chips

Electronic speed controller

Batteries, wiring and connectors

Remote command and control

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. 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 feet from any inhabited structure. Generally the petitioner’s UAS will be 

operated in construction sites and unpopulated areas.

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

accordance with a Notice to Airmen (“NOTAM”).

The Pilots In Command (PIC)

Dragonfly Ops Inc, Owners, Leith W Strachan and Bruce W King, both are entrepreneurs

with extensive Unmanned Aerial Systems training through Unmanned Vehicle University 

(UVU). That training included assembly of the ParkZone Radian fixed wing and 3D 

Robotics Y6 rotary wing UAVs with autopilots, GPS, telemetry radios and EO sensors. 

They have programmed and flown missions using Mission Planner with a PC and APM 

Planner with a Mac. They both received their UAV pilot certification from UVU and have

accumulated more than 1000 flight cycles and 500 hours of total time as a UA rotorcraft 

pilot. The PICs will develop techniques and applications of UAS to optimize terrestrial 

data acquisition and analysis.

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) & (b). 

Specifically, the PICs will take all actions including reviewing weather, flight battery 

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

initiation of a flight. The PICs 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 myriad benefits over the use of full-sized manned aircraft for construction and 

surveying, electric power line inspection, oil & gas pipeline inspection, advanced 

agriculture, film & 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.

Conclusion

For the foregoing reasons, the exemptions requested herein are essential for the 

performance of these specific technical services and procedures and the 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.