FLYSAFE,	LLC.	DBA	FLYSAFE

8401	73rd Ave	N.	Suite	86

Minneapolis,	MN	55428

E-mail:	Mike@FlySafeTraining.org

October	2,	2015

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	Modernization	and	Reform	Act	

of	2012	and	14	C.F.R.	Part	11	

Dear	Madam,	Sir,	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R.	

Part	11,	FLYSAFE, LLC. ("FLYSAFE")	seeks	an	exemption	from	the	Federal	Aviation	

Regulations	detailed	below	for	the	DJI	Phantom	3	and	Inspire	1	UAS	systems.	The	Phantom	

3	has	a	maximum	gross	takeoff	weight	of	2.8	lbs.	The	Inspire	1	has	a	maximum	gross	takeoff	

weight	of	6.5	lbs.	Both	systems	are	multi-rotor	aircraft	with	electric	propulsion.	Both	the	

Phantom	3	and	the	Inspire	1	are	commercial	UAS	systems	from	DJI,	each	with	a	proven	

track	record	and	each	having	been	approved	for	flight	under	Section	333	for	many	different	

users.	

The	requested	exemption	would	allow	FLYSAFE	to pursue	commercial	interests	in	aerial	

data	collection	using	small	unmanned	aircraft	systems.	The	systems	proposed	will	be	used	

for	real	estate	photography	applications.	The	team	at	FLYSAFE	has	approximately	200	

hours	experience	operating	small	UAS.	Operations	will	be	conducted	in	accordance	with	

FAA	N	8900.227	and	utilize	both	a	Pilot-in-Command	and	a	ground-based	visual	observer.	

FLYSAFE	will	also	utilize	emergency,	lost	link,	and	lost	communication	procedures.	All	

flights	under	these	exemptions	will	be	conducted	with	the	following	restrictions:	

1.	Flights	will	be	in	Class	G	airspace	at	no	more	than	400’	AGL.	

2.	The	UAS	will	be	operated	over	private	property	only	with	the	permission	of	the	owner.	

3.	In	regards	to	airports,	the	UAS	will	not	be	operated	within:	

(a)	5	nautical	miles	(NM)	from	an	airport	having	an	operational	control	tower;	or	

(b)	3	NM	from	an	airport	with	a	published	instrument	flight	procedure,	but	not	an	

operational	tower;	or	

(c)	2	NM	from	an	airport	without	a	published	instrument	flight	procedure	or	an	operational	

tower;	or	

(d)	2	NM	from	a	heliport	with	a	published	instrument	flight	procedure.	

4. Operations	will	be	limited	to	daytime	operations	under	visual	meteorological	conditions.		
5. The	aircraft	will	remain	within	visual	line	of	sight	of	the	observer	at	no	more	than	1/2	NM	

range.		

6. A	NOTAM	will	be	issued	prior	to	flight	operations.		

7. The	UAS	will	have	a	maximum	GTOW	of	less	than	55	lbs.		

8. The	aircraft	will	be	U.S.	registered	and	display	the	N-number.		

9. The	PIC	and	Observer	will	possess	the	certifications	required	under	N	8900.227.		

10. The	PIC	will	conduct	a	pre-flight	inspection	prior	to	each	flight	so	as	to	ensure	that	

the	UAS	and	associated	systems	are	in	a	condition	for	safe	operation.		

11. The	PIC	and	observers	will	maintain	two-way	communications	with	each	other	

during	all	operations;	if	unable	to	maintain	two-way	communications,	or	if	any	

condition	occurs	that	may	otherwise	cause	the	operation	to	be	unsafe,	the	operator	

will	immediately	conclude	the	operation.		

12. The	aircraft	will	automatically	return	to	a	specific	location	if	the	communications	

link	is	lost.		

13. All	flights	will	be	conducted	below	70mph.		

The	regulations	from	which	the	exemption	is	requested	are	as	follows.	The	Appendix	

contains	details		of	the	FLYSAFE	operations	related	to	showing	an	equivalent	level	of	safety	

for	these	exempt	regulations.	

• 14	C.F.R.	Part	21,	Subpart	H		

• 14	C.F.R.	§91.203(a)	and	(b)		

• 14	C.F.R.	§45.23(b)		

• 14	C.F.R.	§61.23(a)		

• 14	C.F.R.	§61.113(a)	and	(b)		

• 14	C.F.R.	§61.133(a)		

• 14	C.F.R.	§91.7(a)		

• 14	C.F.R.	§91.9		

• 14	C.F.R.	§91.119		

• 14	C.F.R.	§91.121		
• 14	C.F.R.	§91.151(a)		

• 14	C.F.R.	Subpart	E	(§91.401	- §91.417)		

UAS	Overview			

FLYSAFE	is submitting	this	request	for	exemption	for	the	DJI	Phantom	3	and	the	Inspire	1	

systems,	both	commercially	available	UAS	from	DJI;	both	systems	are	reliable	and	popular	

aircraft	utilized	by	hobbyists	and	professionals	alike.	

FLYSAFE	has	expertise	and	knowledge	in	the	operations	of	these	systems.	We	will	utilize	

training	and	operational	procedures	that	follow	the	guidelines	presented	in	N	8900.227.			

FLYSAFE	is	planning	on	using	the	proposed	UAS	to	pursue	further	commercial	applications.	

The	DJI	Phantom	3	is	a	multi-rotor	aircraft	that	utilizes	electric	propulsion.	Figure	1	below	

contains	an	image	of	the	Phantom	3,	which	has	dimensions	of	14"x14"x7"	and	weighs	2.8	

lbs.	FLYSAFE	proposes	that	the	small	size	and	weight	of	the	Phantom	3	flown	under	the	

guidelines	of	N	8900.227	will	have	an	equivalent	level	of	safety	to	manned	aircraft	

performing	similar	missions.		

The	DJI	Inspire	1	is	a	multi-rotor	aircraft	that	utilizes	electric	propulsion.	Figure	2	below	

contains	an	image	of	the	Inspire	1,	which	has	dimensions	of	17"x18"x12"	and	weighs	6.5	lbs.	

FLYSAFE	proposes	that	the	small	size	and	weight	of	the	Inspire	1	flown	under	the	guidelines	

of	N	8900.227	will	have	an	equivalent	level	of	safety	to	manned	aircraft	performing	similar	

missions.	

(1)	 (2)	

Figure	1:	The	UAS:	(2)	the	DJI	Phantom	3	and	(1)	the	DJI	Inspire	1.	

Public	Interest	

Granting	this	exemption	would	benefit	the	public	as	a	whole.	The	small	UAS	in	this	

application	offer	a	strong	equivalent	level	of	safety	to	manned	aircraft,	and	a	reduction	in	

environmental	impacts	compared	with	the	manned	aircraft	that	are	currently	used	for	real	

estate	applications.	Utilizing	UAS	in	the	real	estate	industry	provides	both	buyers	and	

sellers	a	higher	level	of	service,	and	at	a	reduced	cost	when	compared	to	the	use	of	manned	

aircraft.	Buyers	experience	the	benefit	of	getting	a	high-definition	visualization	of	the	whole	
property,	sometimes	several	acres,	in	one	image	or	a	short	video.	

Beyond	the	buyer	and	seller,	use	of	UAS	in	real	estate	applications	benefits	the	general	

public	because	it	is	much	more	efficient	than	traditional	ways	of	using	a	manned	aircraft	or	

helicopter	to	achieve	the	same	result.	These	small	UAS	carry	no	passengers,	pilot,	or	

combustible	fuel,	and	present	little	danger	to	the	public	when	operated	safely.	Allowing	

commercial	UAS	operations	will	also	promote	the	growth	of	the	emerging	UAS	industry	that	

will	result	in	economic	benefits	for	the	public	as	a	whole.	Additionally,	the	public	interest	is	

served	by	introducing	a	new	viable alternative	to	aerial	photography	of	real	estate	by	

traditional	manned	aircraft,	thus	presenting	American	consumers	with	a	new	affordable	

choice	of	service	in	a	marketplace	where	only	two	options	for	aerial	photography	of	real	

estate	property	(manned	aircraft	photography	and	satellite	earth	observation	imagery)	had	

previously	existed.	

In	general,	the	public	interest	is	benefited	by	maximizing	the	efficiency	of	the	application	

while	minimizing	the	risks	involved	in	the	use	of	traditional	methods	of	aerial	photography.	

The	name	and	contact	information	of	the	applicant	are:	

FLYSAFE,	LLC.	DBA	FLYSAFE

Attn:	Michael	Danielson

Phone:	612-385-1429

E-mail:	mike@flysafetraining.org

FLYSAFE	requests	exemption	under	Section	333	to	enable	safe	commercial	UAS	operations	

for	the	activities	stated.	Please	contact	us	if	you	require	additional	information	or	

clarification.	

Sincerely,	

Michael	Danielson

President	

APPENDIX	

Specific	Exemption	Requests	and	Equivalent	Level	of	Safety	Showings	

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates

14	C.F.R.	§91.203(a)	and	(b)	- Civil	aircraft:	Certifications	required.	Section	91.203	

requires	all	civil	aircraft	to	have	a	certificate	of	airworthiness.	Part	21,	Subpart	H,	entitled	

Airworthiness	Certificates,	establishes	the	procedural	requirements	for	the	issuance	of	

airworthiness	certificates	as	required	by	FAR	§91.203(a).	Shasta	Media	requests	an	

exemption	from	these	rules	and	will	utilize	an	internal	airworthiness	process	based	on	

inspections	and	pre-flight	checks	resulting	in	an	equivalent	level	of	safety.	Such	an	

exemption	meets	the	requirements	of	an	equivalent	level	of	safety	under	Part	11	and	

Section	333	of	the	Reform	Act.	The	Federal	Aviation	Act	and	Section	333	of	the	Reform	Act	

both	authorize	the	FAA	to	exempt	aircraft	from	the	requirement	for an	airworthiness	
certificate,	upon	consideration	of	the	size,	weight,	speed,	operational	capability,	and	

proximity	to	airports	and	populated	areas	of	the	UAS	involved.	

14	C.F.R.	§45.23(b)	- Display	of	marks;	general.	

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. Given	the	small	size	of	the	UAS,	this	requirement	is	impossible	to	match.	The	

equivalent	level	of	safety	will	be	achieved	by	having	the	registered	N-number	in	1	inch	

lettering	on	the	side	of	the	fuselage.	

14	C.F.R.	§61.23(a)	- Medical	certificates:	Requirement	and	duration.	

Regulations	provide	that	a	person	must	hold	at	least	a	second	class	medical	certificate	when	

exercising:	

•	Second-in-command	privileges	of	an	airline	transport	pilot	certificate	in	part	121	of	this	

chapter	(other	than	operations	specified	in	paragraph	(a)(1)(ii)	of	this	section);	or	

•	Privileges	of	a	commercial	pilot	certificate	

Given	the	size	of	the	UAS	in	this	petition	and	the	limited	flight	area	and	the	safety	features	

integrated	in	the	autopilot,	Shasta	Media	believes	that	an	Equivalent	Level	of	Safety	can	be	

reached	if	the	operator	has	a	valid	driver’s	license.	

14	C.F.R.	§61.113(a)	and	(b),	§61.133	- Private	Pilot	Privileges	and	Limitations:	

Pilot	in	Command;	Commercial	Pilot	Privileges	and	Limitations	Subsections	(a)	and	(b)	of	

§61.113	prohibit	private	pilots	from	operating	aircraft	in	commercial	operations,	and	

§61.133(a)	requires	an	individual	operating	an	aircraft	for	compensation	or	hire	to	hold	a	

commercial	pilot	certificate.	

FLYSAFE	requests	an	exemption	from	14	C.F.R.	§61.113(a)	and	(b)	and	14	C.F.R.	§61.133(a)	

so	that	the	above	mentioned	UAS	may	be	operated	by	individuals	who	have	a	private	pilot	

certificate.	Based	upon	the	design	features	of	the	UAS,	its	autopilot	system,	and	safety	

factors,	the	FAA	should	permit	operation	of	UAS	by	operators	with	a	private	pilot	certificate	

when	the	conditions	described	above	have	been	satisfied.	

The	above-described	conditions	are	in-line	with	those	set	forth	in	Volume	16,	Chapter	4,	

Section	1	of	FAA	Order	8900.1.	FLYSAFE	proposes	to	conduct	operations	in	accordance	with	

these	restrictions.	Given	these	conditions	and	restrictions,	an	equivalent	level	of	safety	to	

manned	operations	will	be	achieved	through	operation	with	a	private	pilot	certificate.	The	

risks	associated	with	the	operation	of	multi-rotor	aircraft	(given	the	size,	speed,	operational	

capabilities,	and	lack	of	combustible	fuel)	are	so	much	less	than	the	level	of	risk	associated	

with	fixed	wing	and	rotorcraft	operations,	both	private	and	commercial,	as	contemplated	by	

Part	61,	that	allowing	operations	of	these	UAS,	as	set	forth	above,	meets	or	exceeds	the	

present	level	of	safety	provided	under	14	C.F.R.	§61.113(a)	and	(b)	and	§61.133(a).	

14	C.F.R.	§91.7(a)	- Civil	aircraft	airworthiness	
This	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	airworthy	

condition.	Shasta	Media	requests	that	an	exemption	be	granted	allowing	commercial	

operation	without	an	airworthiness	certificate.	Given	the	size	of	the	aircraft,	selfcertification	of	airworthiness	will	provide	an	equivalent	level	of	safety.	

14	C.F.R.	§91.9(b)- 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.	Shasta	Media	assumes	that	the	intent	of	this	requirement	is	

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

aircraft.	Shasta	Media	requests	an	exemption	to	this	requirement	since	the	aircraft	is	not	

only	too	small	to	carry	documentation,	but	the	documentation	would	not	be	available	to	the	

crew.	The	equivalent	level	of	safety	will	be	achieved	by	keeping	a	hard	copy	of	the	user	

manual	with	the	ground	crew.	

14	C.F.R.	§91.119	- Minimum	safe	altitudes:	General.	

The	regulation	provides	that	over	sparsely	populated	areas,	the	aircraft	cannot	be	operated	

closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	The	regulation	provides	that	

over	congested	areas,	the	aircraft	must	be	operated	at	or	above	"an	altitude	of	1,000	feet	

above	the	highest	obstacle	within	a	horizontal	radius	of	2,000	feet	of	the	aircraft".	

Since	the	UAS	in	this	exemption	application	will	be	operating	at	a	maximum	of	400	feet	AGL,	

this	requirement	cannot	be	followed.	To	provide	an	equivalent	level	of	safety,	Shasta	Media	

will	only	fly	over	private	property	with	the	permission	of	the	land	owner.	The	land	owner	

will	be	briefed	of	the	expected	route	of	flight	and	the	associated	risks	to	persons	and	

property	on	the	ground.	

We	maintain	that	due	to	the	small	size	of	the	UAS,	the	hazard	to	persons,	vessels,	vehicles,	

and	structures	is	not	comparable	to	manned	aircraft	and	that	this	distinction	should	be	

considered	in	granting	the	exemption.	Furthermore,	Shasta	Media	will	not	operate	over	any	

open	air	assembly	of	persons.	

14	C.F.R.	§91.121	- Altimeter	settings.	

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

altimeter	setting	available	within	100	nautical	miles	of	the	aircraft.	The	UAS	will	fly	below	

400 feet	AGL	and	will	not	need	to	maintain	hemispherical	cruising	altitudes	in	order	to	deconflict	with	other	aircraft.	To	provide	an	equivalent	level	of	safety,	the	autopilot	calculates	

the	reference	altitude	(ground	level)	with	the	on-board	GPS	during	the	pre-flight	tests.	The	

GPS	and	barometer	data	are	then	used	to	calculate	the	altitude	in-flight.	

14	C.F.R.	§91.151(a)	- Fuel	requirements	for	flight	in	VFR	conditions.	

The	regulation	states	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.	As	the	aircrafts	in	this	request	are	electric-powered,	this	

requirement	is	inapplicable.	An	equivalent	level	of	safety	is	achieved	through	a	low	battery	

power	warning.	The	UAS	in	this	application	are	designed	to	automatically	return	to	base	

and	land	safely	when	the	power	is	too	low.	
14	C.F.R.	Subpart	E	(§91.401	- §91.417)	- Maintenance,	Preventive	Maintenance,	and	

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.	

FLYSAFE	plans	to	have	the	qualified	PIC	perform	maintenance	and	inspection	of	the	aircraft	

and	that	the	PIC	shall	"be	authorized	to	approve	the	aircraft	for	return	to	service."	The	PIC	

will	ensure	that	the	aircraft	is	in	an	airworthy	condition	prior	to	flight	and	conduct	detailed	

inspections	after	every	10-flight hours.	Additionally,	checklists	will	be utilized	with	all	of	the	

necessary	pre-flight	procedures	prior	to	every	flight	operation.	The	PIC	will	document	work	

performed	in	accordance	with	91.417.	We	maintain	that	due	to	the	size,	construction,	and	

simplicity	of	the	aircraft,	the	PIC	can	ensure	an equivalent	level	of	safety.