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Drone Pacific, LLC

Mr. Christopher C. Holmes

5490 Fawn Chase Way

Las Vegas, Nevada 89135-4006

USA

c.holmes@dronepacific.com

www.dronepacific.com

 October 26, 2015

FAA

United States Department of Transportation

Docket Operations

West Building, Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Drone Pacific, LLC Petition for Exemption from Federal Aviation Regulations for the 

Purpose of Operating an Unmanned Aircraft System

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

CFR Part 11, Drone Pacific LLC seeks an exemption from Federal Aviation Regulations 

(FARS) to allow the commercial use of the 3DRobotics (3DR): (a) Solo, (b) Iris+, (c) X8-M 

and the DJI Phantom 3 Professional Unmanned Aircraft System(s) for the purpose of aerial 

photography, surveying/mapping, all work for hire and search and rescue functions within the 

National Airspace System(NAS).

The FAA has granted exemptions to Aero-Data Corp LLC (Exemption No. 13307) and JMD 

Empire Inc (Exemption No. 13309) for the use of the DJI Phantom 3 for similar purposes.

By approving these exemptions, the FAA will allow a safe and risk adverse method to collect 

aerial data via unmanned aerial systems. The battery-powered UAS described herein is 

smaller and lighter than fixed-wing aircraft and operate at lower altitudes with no one onboard. 

Their usage will diminish the likelihood of death or serious injury to persons in the air or on the 

ground and major damage to structures. 

In addition, Drone Pacific LLC requests permission to assist first responders, law enforcement 

and search and rescue teams who may require UAS-related assistance.
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Applicant Name and Contact Information

Drone Pacific, LLC

5490 Fawn Chase Way 

Las Vegas, Nevada 89135-4006

c/o Chris Holmes

Exemptions Requested

Drone Pacific LLC is currently requesting this waiver as it applies to the following FARs:

§ 45.23(b)

§ 45.27(a)

§ 61.113(a)(b)

§ 61.315(a)(c)

§ 91.7(a)

§ 91.9(b)(2) and (c)

§ 91.103(b)(2)

§ 91.105

§ 91.109

§ 91.119(b)(c)

§ 91.121

§ 91.151

§ 91.203(a)(1)

§ 91.405(a)

§ 91.407(a)(1)

§ 91.409(a)(1) and (a)(2)

§ 91.417(a)(b)

Introduction and Interests of the Petitioner

As a current UAS pilot and enthusiast, I would like to have the ability to make an income from 

my skill. I originally studied aviation in college to obtain ground school training and sidetracked 

into the maritime industry. I am currently back in training to complete my FAA private Pilot 

License which should be able to be obtained prior to Summer of 2016. Additionally, I have 

enrolled in the Aerospace and Aviation program at the University of Nevada, Las Vegas 

(UNLV).

With regard to the referenced UAS craft, I have over 100 hours total flight time with no 

accidents or incidents.

Drone Pacific LLC seeks an exemption to operate the 3DR and DJI UAS systems for 

compensation or hire within the NAS to provide professional aerial photography, video and 

photogrammetry services to our potential clients.
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Operation of the UAS / UAS Flight Safety 

Drone Pacific LLC has a Flight Operation Manual (FOPM) that is intended to provide an 

equivalent level of safety to the the Federal Aviation Regulations from which Drone Pacific, 

LLC seeks exemption.

Drone Pacific LLC shall provide an electronic or hard copy of the FOPM to the Pilot in 

Command (PIC) and each observer. The PIC will ensure each flight is in compliance with the 

FOPM, the UAS equipment (DJI or 3DR) User Manual and all applicable FARs.

Drone Pacific Flight Operation Manual

1. Minimum flight crew for UAS operation shall consist of a Pilot in Command and a Visual 

Observer (VO).

2. PIC must hold FAA Private or Sport Pilot certificate or equivalent in verified UAS 

experience

3. PIC must hold a current FAA medical certificate or valid US driver’s license

4. PIC will be proficient with the DJI Phantom 3, 3DR Iris+, 3DR Solo, 3DR X8-M UAS and 

have at least 20 hours of flight time in a manner consistent with how the UAS will be 

operated under this exemption

5. Each flight requires a PIC pre-flight inspection in accordance with equipment User Manual 

to determine if the UAS is safe for flight

6. After maintenance/repair/alteration of the UAS, the PIC and VO shall perform a functional 

test flight before continuing operations

7. Before UAS operation over private or controlled-access property, the PIC will obtain 

permission from owners or controllers of the property

8. Prior to flight, PIC will provide a mandatory briefing to crew regarding the planned UAS 

operations

9. The UAS will be operated within Visual Line of Sight (VLOS) of the PIC and VO at all times

10. PIC and VO must be able to communicate verbally at all times; No text/mobile phone calls

11. PIC and VO are not allowed to send text or email during operations

12. Flights will be conducted in daylight hours

13. Flights will be conducted only in visual meteorological conditions

14. UAS will not operate in rain, snow or fog conditions

15. UAS will be kept clear from cloud cover at all times

16. PIC will not operate UAS unless there is enough battery power to conduct the intended 

operation and have reserve battery power of no less than 25 percent

17. UAS operation not to exceed an altitude greater than 400 feet above ground level (AGL)

18. UAS speed not to exceed 25 mph

19. UAS not to be operated from a moving vehicle

20. UAS to remain clear of and give way to all manned aircraft

21. UAS to remain a distance of at least 5 nm of any airport, unless LOA obtained

22. UAS flights will not be conducted over densely populated areas

23. UAS flights will be operated at a lateral distance of at least 100 feet from people, 

structures, vehicles and vessels not associated with the operation without consent
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24. PIC will abort flight upon any adverse conditions or emergency that affects operation of the 

UAS

25. PIC will report any incident, accident or flight operation that transgresses the lateral or 

vertical boundaries of the operational area to the FAA’s UAS integration Office within 24 

hours

26. PIC will report any accidents involving UAS craft to the National Transportation Safety 

Board

Basis for Petition

Pursuant to the provisions of the Federal Aviation Regulations (FAR)(14 CFR § 11.61) and the 

FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain 

Unmanned Aircraft Systems (“Section 333”), Drone Pacific, LLC, hereby respectfully petitions 

the Administrator to operate the DJI Phantom 3, 3DR Iris+, 3DR Solo and 3DR X8-M UAS 

within the NAS and for an exemption from the requirements of Title 14 Code of Federal 

Regulations §§45.27(a), 61.113(a)(b), 61.315(a)(c), 91.7(a), 91.9(b)(2) and (c), 91.103(b)(2), 

91.105, 91.109, 91.119(b)(c), 91.121, 91.151, 91.203(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (a)(2), 91.417(a)(b).

Section 45.23 (b) Display of Marks

Drone Pacific requests relief from Section 45.23(b) because the DJI Phantom 3, 3DR Iris+, 

3DR Solo and 3DR X8-M UAS do not have a cabin, cockpit or pilot station upon which 

markings can be placed.

Drone Pacific submits an equivalent level of safety can be achieved by marking the body of the 

UAS with the serial number and N-number. The lettering of the N-number will be made as 

large as possible.

Section 45.27(a) Location of marks; non-fixed wing aircraft

Drone Pacific requests relief from Section 45.27(a) because the UAS equipment to be utilized 

does not have a cabin, fuselage, boom or tail upon which the markings can be displayed

Drone Pacific submits an equivalent level of safety can be achieved by marking the body of the 

UAS with the serial number and N-number. The lettering of the N-number will be made as 

large as possible.

Section 61.113(a) and (b) Private pilot privileges and limitations: Pilot in Command

Drone Pacific requests relief from Section 61.113(a)(b) to the extent necessary to allow a 

person who holds a private pilot certificate to operate the UAS for compensation or hire.

Drone Pacific submits that a private pilot can achieve an equivalent level of safety as a 

commercial pilot because the risk of operating the UAS is significantly lower than the risk 

associated with the operation of a manned aircraft. The UAS does not carry a pilot or 

passengers. The UAS is smaller, lighter and easier to maneuver than a manned aircraft. The 

UAS will operate within a limited area of operations.
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Drone Pacific will ensure that the PIC is proficient with flying the DJI Phantom 3, 3DR Iris+, 

3DR Solo and 3DR X8-M. PIC will have at least 20 hours flight time for each UAS craft and 

operated in a manner consistent with the exemption.

Section 61.315(a)(c) What are the privileges and limits of my sport pilot certificate?

Drone Pacific requests relief from Section 61.315(a) and (c), which states that a sport pilot 

cannot operate an aircraft for compensation or hire.

Drone Pacific submits that a sport pilot can achieve an equivalent level of safety as a 

commercial pilot because the risk of operating the UAS is significantly lower than the risk 

associated with the operation of a manned aircraft. The UAS does not carry a pilot or 

passengers. The UAS is smaller, lighter and easier to maneuver than a manned aircraft. The 

UAS will operate within a limited area of operations.

Drone Pacific will ensure that the PIC is proficient with flying the DJI Phantom 3, 3DR Iris+, 

3DR Solo and 3DR X8-M. PIC will have at least 20 hours flight time for each UAS craft and 

operated in a manner consistent with the exemption.

Airworthiness Certificates

In consideration of the size, weight, speed and limited operating area associated with the UAS 

and their operation, the DJI Phantom 3, 3DR Iris+, 3DR Solo and 3DR X8-M UAS craft meet 

the conditions of Section 333 and will not require airworthiness certification in accordance with 

14 CFR Part 21, Subpart H, or any associated noise certification and testing requirements of 

Part 36.

Section 91.7(a) Civil aircraft worthiness

Drone Pacific requests relief from Section 91.7(a), which states that “no person may operate a 

civil aircraft unless it is in an airworthy condition”, because the DJI Phantom 3, 3DR, Iris+, 3DR 

Solo and 3DR X8-M do not require an airworthiness certificate in accordance with 14 CFR, 

Part 21, Subpart H.

Drone Pacific submits the PIC will ensure the UAS is in condition for safe flight operations, by 

determining the UAS is in compliance with the DJI or 3DR User Manual and Drone Pacific

LLC’s Flight Operations Manual. PIC will discontinue flight operations if airworthiness 

conditions occur.

Section 91.9(b)(2) and (c) Civil aircraft flight manual, markings and placard requirements

Drone Pacific requests relief from Section 91.9(b)(2) because the UAS does not have capacity 

or space to store a flight manual onboard the craft. 

Drone Pacific submits an equivalent level of safety can be achieved by keeping the flight 

manual with the PIC at the ground control station during UAS operation. The flight manual will 

be made available to the Administrator or law enforcement upon request.
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Drone Pacific requests relief from Section 91.9(c) because the referenced UAS cannot be 

marked in accordance with Part 45. The UAS referenced do not have cabins, cockpits or pilot 

stations upon which the markings can be placed.

Drone Pacific submits that an equivalent level of safety can be achieved by marking the UAS 

with the serial number and the N-number. Lettering to be made as large as possible.

Section 91.103(b)(2) Preflight Action

Drone Pacific requests relief from Section 91.103(b)(2), which requires the PIC to be familiar 

with the runway lengths at the airport of intended use, and takeoff and landing distance 

information.

The operation of the UAS does not require an airport for takeoff or landing. 

Drone Pacific submits an equivalent level of safety can be achieved by requiring the PIC to 

check weather conditions and takeoff/landing distances from the ground control point prior to 

flight operations.

Section 91.105 Flight crewmembers at station

Drone Pacific requests relief from Section 91.105, which requires crewmembers to be at their 

proper stations with their safety harnesses fastened while en route during takeoff and landing.

This requirement cannot be met because the UAS does not have flight crewmembers onboard 

the craft.

Drone Pacific submits that an equivalent level of safety can be maintained by having the PIC 

land the UAS before attending to any emergent or physiological needs.

Section 91.109 Flight instruction; Simulated instrument flight and certain flight tests

Drone Pacific requests relief from Section 91.109, which requires that “no person may operate 

a civil aircraft (except manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls.”

This requirement cannot be met because the UAS does not have dual controls.

Drone Pacific submits an equivalent level of safety can be achieved by ensuring that the PIC is 

proficient with flying the DJI Phantom 3, 3DR Iris+, 3DR Solo and 3DR X8-M. PIC will have at 

least 20 hours flight time for each UAS craft and operated in a manner consistent with the 

exemption. The PIC will be familiar with both DJI and 3DR User Manuals and Drone Pacific

LLC’s FOPM.

Section 91.119(b) and (c) Minimum safe altitudes: General

Drone Pacific requests relief from Section 91.119(b) and (c), which require the aircraft to be 

maintained at an altitude of at least 1000 feet over congested areas and 500 feet over sparsely 

populated areas, and at a distance of at least 500 feet from any person, vessel, vehicle or 

structure.
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Drone Pacific will operate the UAS craft at or below 400 feet AGL.

Drone Pacific submits an equivalent level of safety can be achieved because unlike manned 

aircraft, the UAS operates without combustible fuel and with no people on board. This greatly 

reduces the likelihood of death or serious bodily injury to persons in the air or on the ground. 

Additionally, the risk of damage to vessels, vehicles and structures is minimized. 

Drone Pacific will obtain prior consent from property owners/controllers before flight 

operations.

Section 91.121 Altimeter settings

Drone Pacific requests relief from Section 91.121 because the UAS does not have a typical 

barometric altimeter onboard.

Drone Pacific submits that an equivalent level of safety can be met because of the altitude of 

the UAS will be provided to the PIC through the UAS GPS equipment and radio 

communications telemetry data link, which downloads altitude information from the UAS to the 

Ground Control Station for active flight path monitoring. This information shall be sufficient for 

the PIC to maintain the UAS at an altitude below the 400 feet AGL limitations. In addition, PIC 

to operate UAS within VLOS.

Section 91.151 Fuel Requirements for flight in VFR conditions

Drone Pacific requests relief from Section 91.151, which requires that no person begin a flight 

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

and after that for 30 minutes.

Drone Pacific submits that terminating the flight with 25 percent of the battery power remaining 

will provide an equivalent level of safety. Furthermore, the DJI Phantom 3, 3DR Iris+, 3DR 

Solo and 3DR X8-M all have a Low Battery – Return To Home/Landing (RTH/RTL) feature in 

which the operator is prompted to return the UAS home or land it immediately. The referenced 

UAS will land themselves automatically if the remaining battery power is only sufficient for the 

aircraft to descend from its current altitude.

Section 91.203(a)(1) Civil Aircraft: Certifications required

Drone Pacific requests relief from Section 91.203(a)(1), which states that no person may 

operate a civil aircraft without a current airworthiness certificate. The DJI Phantom 3, 3dr Iris +, 

3DR Solo and 3DR X8-M do not require an airworthiness certificate in accordance with 14 

CFR, Part 21, Subpart H.

Drone Pacific submits that the Pilot in Command (PIC) will ensure the UAS is in airworthy 

condition prior to every flight and in compliance with the UAS equipment User Manual and 

Drone Pacific LLC’s FOPM.

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)&(a)(2) and 91.417(a)(b)

Drone Pacific requests relief from Sections: 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a)(b), as these sections set forth requirements for maintenance that only apply to 

aircraft with an airworthiness certificate.
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Drone Pacific submits that the requested relief is proper since an equivalent level of safety will 

be ensured. Drone Pacific will perform regular and preventative repairs and maintenance 

according to methods specified by the UAS manufacturer user manual. After any repairs, 

alterations or maintenance to the UAS, the PIC and VO will perform a functional test flight 

before conducting operations. Drone Pacific will document and log all maintenance and repair 

records for each UAS craft. Drone Pacific will comply with all manufacturer safety bulletins.

Why Granting an Exemption to Drone Pacific, LLC Would Benefit the Public

1. Public to benefit from data collected – The data collected by Drone Pacific LLC’s UAS is 

used in forestry, mining, energy, maritime, farming and engineering of all types. These 

industries will utilize the data collected for public safety and economic benefit.

2. Public to benefit by decreasing congestion of the NAS – Drone Pacific LLC’s UAS 

would decrease NAS congestion by reducing the number of manned aircraft needed to 

obtain aerial imagery/photogrammetry. As there is no airport required for UAS takeoff and 

landing, it would further reduce the burden on air traffic control.

3. Public to benefit from a reduction in pollution – Drone Pacific uses DJI and 3DR 

battery-powered multirotor UAS with small electric motors. All Drone Pacific UAS craft 

produce no air pollution and little noise pollution.

4. Public to benefit from an increase of safety – Unlike manned aircraft, the UAS operates 

without combustible fuel and with no people on board. Drone Pacific LLC’s use of UAS for 

aerial photography/videography/photogrammetry will diminish the likelihood of death or 

serious bodily injury to persons or property.

5. Public to benefit economically – UAS related services lessen the costs associated with 

traditional methods of aerial photography/photogrammetry. 

6. No privacy issues – Drone Pacific LLC’s operation of the UAS will not create any privacy 

issues as the flights will only occur over private or controlled-access property with 

owner/controller prior consent.

Summary

Drone Pacific LLC seeks an exemption from the requirements of 14 CFR §§45.23(b), 45.27(a), 

61.113(a)(b), 61.315(a)(c), 91.7(a), 91.9(b)(2)(c), 91.103(b)(2), 91.105, 91.109, 91.119(b)(c), 

91.121, 91.151, 91.203 (a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a)(b).

This exemption will permit Drone Pacific LLC to operate an Unmanned Aircraft System 

commercially for the purpose of aerial photography, videography and photogrammetry within 

the National Airspace System.
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UAS Make(s)/Model(s) for Operation – UAS Description

Currently, Drone Pacific is seeking exemption for four (4) separate UAS craft, all meeting the 

criteria for exemption. One UAS is produced by DJI and has been approved multiple times for 

exemption as well as the other three from 3DRobotics.

The UAS aircraft is listed in order of preferred usage:

UAS 1 - 3DR Solo ; battery power, multirotor (4), +/- 15 minute flight time

UAS 2 - 3DR X8-M; battery power, multirotor (8), +/- 14 minute flight time

UAS 3 - 3DR Iris+ ; battery power, multirotor (4), +/- 15 minute flight time

UAS 4 - DJI Phantom 3 Professional; battery power, multirotor (4), +/- 15 minute flight time

All UAS craft have a failsafe in case of loss of communications with a Return To Home or 

Return To Launch feature.

Section 333 Compliance and Appropriateness

Based on the size of the UAS, pilot experience and operational goals, this exemption request 

is well suited for approval using the current criteria outlined in Section 333 of the FAA 

Modernization and Reform Act of 2012, including new interim policies.

Regards,

Chris Holmes

Drone Pacific, LLC

5490 Fawn Chase Way 

Las Vegas, NV 89135-4006

(562) 331 3966

c.holmes@dronepacific.com