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UAV Ninjas, LLC

2940 N High Desert Way

Meridian, ID 83646

(208) 991-4657

333@uavninjas.com

December 1st, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Petition of UAV Ninjas, LLC for Exemption Pursuant to Section 333 of the FAA Reform 

Act

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

Act) and 14 C.F.R. Part 11 UAV Ninjas, LLC, operator of Small Unmanned Aircraft 

Systems (“sUASs”) equipped to conduct 3D Modelling, Aerial Cinematography and 

Photography of Real Estate and Events, Aerial Mapping, Bridge Inspections, News 

Gathering, Pipeline Inspections, Rail Inspections, Search and Rescue and Tower 

Inspections, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.1

As described more fully below, 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) controlled. The proposed exemption, 

if granted, would allow UAV Ninjas, LLC 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. Page 2. UAV Ninjas, LLC 

asks that if any part of this request is deemed not in compliance, that part be removed 

and process the remaining of this request as applicable. 

UAV Ninjas, LLC is a media/technology company owned and operated by Michael 

Worth. Mr. Worth has extensive experience with small, remote-controlled aircraft and 

helicopters over a period of nearly 30-years; and as a former Naval Aircrewman he is 

well educated in aviation and the unique risks and problems associated therein. In 

addition to having committed to completing a Sport Pilot license in the next 120 days, 

Mr Worth has also been a continuously licensed HAM Radio Operator for more than 13 

years and is well-versed in radio communications.
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UAV Ninjas, LLC plans to exploit the capabilities of Unmanned Aerial Systems to offer a 

multitude of services, including:

- 3D Modelling

- Aerial Cinematography of Real Estate and Events 

- Aerial Photography of Real Estate and Events

- Aerial Mapping 

- Bridge Inspections

- News Gathering

- Pipeline Inspections

- Rail Inspections

- Search and Rescue 

- Tower Inspections

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:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System sUASs are oftentimes seen as superior to helicopters due to 

the smaller devices cheaper equipment and personnel cost, reduced noise and as such, 

a much smaller environmental impact which promotes public safety.
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We are petitioning for an exemption to enable UAV Ninjas, LLC to operate the DJI 

Inspire 1, DJI S900, DJI Phantom 2, DJI Phantom 3, 3DR Solo, Yuneec Typhoon 

Q500+, and Yuneec Tornado H920 equipped with a three-axis camera gimbal and using 

a High-Def camera. This sUAS has the failsafe function of the autopilot system which 

means when the communication between the Main Controller and the transmitter is 

disconnected, the outputs of all command sticks from controller will go to the center 

position. If the GPS signal is good enough, the system will automatically trigger Return 

to Home and will land safely.

Aircraft Gross weights are less than 177 oz. with battery and the 3 Axis Camera Gimbal 

and Camera.

A Pre-flight inspection will be performed by the PIC in accordance with the factory 

instruction manual. An added step will be the inspection of the propellers. A propeller will 

be replaced if it has any nicks and cracks with a manufacturers authorized propeller.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual 

and only manufacturer's authorized replacement parts will be used.

FCC Information

This transmitters used for controlling the sUAS complies with part 15 of the FCC rules. 

Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and (2) this device must accept any 

interference received, including interference that may cause undesired operation.

The radio transmitters used for controlling the sUAS is wireless technology which has 

been tested and found to be compliant with the applicable regulations governing a radio 

transmitters in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating our transmitters, the PIC will maintain a separation distance of at least 

5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the 

antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Sport Pilot Certificate and a current Class III medical 

certificate or drivers license, plus at least 1 hours flying time and 3 takeoffs and landings 

within the previous 90 days in the type of UAS utilized in operations.

The PIC will have at least 20 hours total time and at least 10 hours flying Radio 

Controlled Model Aircraft of which will be 5 hours flying sUAS's. 

Training will be conducted at a local Controlled Access flying field. UAV Ninjas, LLC has 

the ability to safely train new sUAS Pilots. The PIC instructor will be at all times be able 

assume control of the sUAS.
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The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation, in flight operation, post flight requirements, all 

procedures including but not limited to: 

- Safe in flight operations 

- Risk Mitigation to Persons and property 

- Airfield Suitability 

The Observer must have the visual acuity to observe the sUAV and be able to 

communicate clearly with the PIC.

The Observers duties are:

- warning the PIC of any impending obstacles in the flight path of the sUAS.

- warning the PIC of any deviations in the planned flight path of the sUAS.

- warning the PIC should any unauthorized personnel appear in the area of the planned 

flight.

The Observer will have the authority to order the PIC to terminate the flight should he 

feel the flight cannot be conducted safely.

General Operating Standards

UAV Ninjas, LLC will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from hazzard areas. Such operations 

will insure that the sUAS will "not create a hazard to users of the national airspace 

system or the public."

• Before an operation of a sUAV within 5NM of an airport with a control tower, the 

control tower will be called to gain permission to operate the sUAS. The PIC will give 

the position, altitude and the times the sUAS will be operated. The sUAS will not be 

operated at an altitude of over 400 feet AGL. Weather minimums will be 3 miles visibility 

and a 1000 foot ceiling. 

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUAS be operated within the final approach course 

and the takeoff course of any runway. The sUAS will not be operated at an altitude of 

over 400 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 

30-minute limit. 
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• The sUAV will be programmed so that it will be operated at an altitude of no more than 

400 feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, lens, and gimbals).

• The sUAV will operate at speeds of no more than 44 knots, can hover, and can 

simultaneously move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which 

they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on 

board and will thereby reduce current risk levels and thereby enhance safety and 

diminish the likelihood of death or serious bodily injury. With a small payload and 

maximum flight time of only 20 minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than 

ground-based imagery for displaying the characteristics of large, complex properties 

with several buildings and large trees. The applicants in the past have chartered 2-seat 

full-sized helicopters for this purpose, which has proven more costly than many potential 

clients have been able to afford. The benefits of reduced cost and improved quality of 

presentation from the UA will be valuable to and benefit many buyers and sellers of real 

property as well as mitigating risk by not carrying personnel for flight operations.

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA allowed Class of airspace at no more than 400 ft 

AGL, at an airspeed of no more than 44 knots and no further than Visual line of sight 

from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

(d) All required permits will be obtained from state and local government prior to 

operation;

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

UAV Ninjas, LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAs System:
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14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the DJI Inspire 1, 

DJI S900, DJI Phantom 2, DJI Phantom 3, 3DR Solo, Yuneec Typhoon Q500+, and 

Yuneec Tornado H920 under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including flights to 

show compliance for the issuance of type and supplemental type certificates, flights to 

substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations. Since the experimental certificate can be 

used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit 

our commercial purpose as well. The aircraft will not carry persons or property, will not 

carry fuel, and will only fly under strict operational requirements.

Combined with the UA's light weight, being constructed primarily of carbon fiber and 

plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 14 

CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to 

the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the 

word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown 

above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity 

of the aircraft while it is preparing for launch will be able to see the designation. 

Additionally, we feel that the permanent placard discussed in the previous paragraph 

will provide the aircraft's registration information at the ground station. Finally, we will 

display at the ground station a high contrast flag, sign or banner that contains the words 

"Unmanned Aircraft in Use" in letters 3 inches high or greater. Since the aircraft will 

operate within Line of Sight of the ground station, the banner should be visible to 

anyone that observes the aircraft and chooses to investigate its point of origin.
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14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to 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. Our 

proposed operations require that the PIC must hold at least a Sport Pilot Certificate with 

a Drivers License and since the aircraft cannot carry passengers or property, we feel we 

meet the intent of 61.113 Subparagraph (b) even though the intent of this application is 

to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement is 

to ensure that flight manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 

91.9, we propose that a current, approved sUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests.

The regulation states that "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." Training will be 

conducted at a local Limited Access flying field. UAV Ninjas, LLC has the ability to 

provide " Safe Dual Training". The PIC instructor will be at all times be able to assume 

control of the sUAV.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

typical mission of the sUAS would be photography or survey of persons, vessels, 

vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has 

been obtained and careful pre-planned flight path has been performed. The aircraft will 

be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain that 

due to the small size of the UAS, the hazard to persons, vehicles and structures is 
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minimal compared to manned aircraft, which should be considered in granting the 

exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 

400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the sUAS on-board computer to the display screen 

held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide 

an energy reserve as a safety buffer for delays to landing. The sUAS is battery operated 

and the maximum duration of flight from a single battery charge is 20 minutes with a 

25% reserve. Since the aircraft will never fly more than line of sight from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word "fuel" and 

ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew." At a 

maximum gross weight of 6.1 pounds, the sUAS is too small to carry documentation, 

does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be with the crew at the 

ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23.

14 CFR 91.205(a), (b), (c) Instrument and Equipment Requirements

This regulation provides a minimum set of instruments and equipment required for day 

and night VFR flight. Due to the small size of the sUAS it would be impossible to carry 

many of these instruments. 91.205 (b) 4,5,6,7,8,13,14,16,17 are not applicable as the 

sUAS has no Reciprocating engines or seats. 91.205 (b) 2,3,9 are provided on the hand 

held controller. 

91.205(b) 1 is not applicable as the maximum available speed of the sUAS is less than 

the maximum required by this exemption and has no effect on performance. 91.205 (b) 

10 is not applicable as the landing gear position can be verified visually before landing. 
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91.205 (b) 15 Due to the size it would be impossible for the sUAS to carry any known 

ELT. 91.205 (c) Much of this equipment is too heavy to be carried by the sUAS. We feel 

that visual contact with the sUAS and indications provided via the controller that all 

critical information can be monitored.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is our intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an 

airworthy condition prior to every flight and, in addition, conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing 

small cracks, replacing a propeller, checking electrical connections and updating 

software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. We feel that due to the 

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level 

of safety.

Safety and Benefits of the UAS

UAV Ninjas, LLC 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 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 UAV Ninjas, LLC‘s requested 

exemptions, the FAA will help drive the development of safe and successful commercial 

UAS operations and will advance the public knowledge base for such operations. UAV 

Ninjas, LLC 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

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the 

line of sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and 

outside 5 miles from any airport, heliport, seaplane base, spaceport, or other location 

with aviation activities, unless the air traffic control authorities (ATC) have been notified 

and have authorized each flight within a radius of this distance.
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All of our SUAs have proven capability for controlled flight. They are devices offered for 

general sale on the market around the world and have often been used as Model 

Aircraft in the USA. We are certain that the studies conducted until now by the FAA, 

about Section 332, Public Law 112-95, 2014, have already provided you with the 

assurances on the airworthiness of SUAs such as ours.

For the foregoing reasons, the exemptions requested herein should be granted. UAV 

Ninjas, LLC 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. The submission of this application and its contents is the best demonstration that 

indeed it is possible to pursue the authorization process so that some SUAs may be 

used for legitimate commercial activities and under reasonably safe conditions. If any 

individual aspect of this request for an exemption is unacceptable we ask that it be 

struck alone and the remainder of the exemption be allowed as requested.

Signed

Michael Worth

UAV Ninjas, LLC