Petition of Southern Survey & Design, a subsidiary of Trendsetter Construction, Inc.

for Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Southern 

Survey & Design, a subsidiary of Trendsetter Construction, Inc. (here forward named as “Southern 

Survey”) is hereby requesting an exemption from the listed Federal Aviation Regulations to operate a 

small Unmanned Aircraft System for the purpose of recording photography and videography for 

compensation or hire.

This exemption would permit commercial operation by Southern Survey, using a DJI Phantom 3 

Professional UAS in order to provide the following services:

• land surveying

• agricultural surveying

• commercial advertisement

• commercial event photography and videography

• industrial inspections

Southern Survey’s operation under the exemption will be subject to strict operating requirements and 

conditions to ensure an equivalent level of safety to currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333.

Southern Survey respectfully submits this request for an exemption due to its use of sUASs/UASs. 

Approval of this exemption would enhance safety and fulfill the Secretary of Transportation’s 

responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation 

of such aircraft systems in the national airspace system.”

Southern Survey has organized this exemption request as follows:

I. Petitioner’s Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations from which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII. Federal Registry Summary

IX. Conclusion
I. Petitioner’s Description

Southern Survey, headquartered in Gladewater, TX, is a company that provides aerial drone footage for 

commercial and industrial applications. The services we provide include but are not limited to:

 land surveying

 commercial advertisement

 commercial event photography and videography

 industrial inspections

 photogrammetric measurements

Southern Survey is a land surveying firm that caters independently to the needs of our industry. Its 

members operate in hazardous industrial and commercial environments with the utmost 

professionalism on a daily basis. Southern Survey can be contacted at the following:

Physical Address: 

2173 Turkey Rd.

Gladewater, TX 75647

Mailing Address:

PO Box 246

White Oak, TX 75693

(903) 261-1058

info@southernsurvey.com

Southern Survey’s PIC (Pilot in Command), Darrell Binnion, has been operating UAVs for over three

years.

Contact Information:

309 Oak St.

Longview, TX 75605

(903) 261-1058 ext.4

Darrell@southernsurvey.com

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of 

the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to consider whether certain unmanned aircraft systems may operate safely in the 

National Airspace (“NAS”) before completion of formal UAS legislation, based on the following 

considerations:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.
If the Secretary determines that such vehicles “may operate safely in the National Airspace System, the 

Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace 

System.”

Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards, and has done so on numerous occasions, when the Administrator 

decides a requested exemption is in the public interest. A party requesting an exemption must explain 

the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely 

affect safety (or how it would provide a level of safety at least equal to the existing rules).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections.

III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied.

The proposed operations would permit Southern Survey the use of small unmanned aircraft systems 

under controlled conditions in airspace that is: (1) predetermined; (2) access controlled; (3) enhanced 

with an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to 

accomplish the same purpose.

Southern Survey uses a UAS (DJI Phantom 3 Professional) that is multi-rotor, weighing less than 55 

pounds, including payload. Under normal conditions, it operates at speeds less than 50 mph and has the 

capability to fly, hover, and move in the vertical and horizontal plane. Southern Survey’s UASs will 

operate in line of sight, during daylight hours, and will only operate within a sterile area. Southern 

Survey will operate at or below 400 feet above ground and will file a NOTAM for each flight operated in 

controlled airspace. All required permissions and permits would be obtained from territorial, state, 

county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies prior to operating a UAS.

Given the small size of the UAS’s involved and the restricted sterile environment within which they will 

operate, Southern Survey’s exemption falls within the zone of safety and demonstrates an equivalent 

level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption 

pending the completion of formal legislation. Also, due to the size of the UASs and the confined area in 

which they will operate, approval of the exemption presents no hazard in the National Airspace System.
Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, the grant of the requested exemptions is also in the public interest.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of Southern Survey’s proposed UAS operations, below is a 

summary of operational limitations and conditions that will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds,

2. Flights will be operated within line of sight of the PIC and observer.

3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS 

can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 400 feet above ground.

5. Minimum crew for each operation will consist of the UAS Pilot in Command and a Visual Observer.

6. Prior to the operations at a particular location, a site inspection will have been conducted.

7. All UAS’s will be maintained in accordance with inspection programs specified in the manufacturer’s 

guidelines.

8. The PIC and VO will at all times be able to communicate by voice.

9. The PIC, VO, and any other operational personnel will have been fully trained prior to having any 

operational responsibilities.

10. All required permissions and permits would be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

11. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined

location with the sterile area and land.

12. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or emergencies.

13. Southern Survey, by following FAA, NTSB, and AFS-80 best practices, will assure no individuals’ 

privacy is violated.

14. Procedures have been established by Southern Survey to contact ATC prior to operating in airspace 

other than G.

V. Regulations from which Exemption is Requested

To use a UAS for data collection, Southern Survey requests relief from the following sections of Title 14 

of the Code of Federal Regulations:

• §61.101(e)(4) and (5) and §61.113(a) Private Pilot Limitations: Pilot in Command

Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non-commercial operations. 

However, because the aircraft will not carry pilots or passengers and is limited in the type of operation 

and the area of operation, a private pilot can achieve the equivalent level of safety for the proposed 
operations as a commercial pilot. First, unlike conventional manned aircraft, UASs are remotely 

controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is 

much smaller than a manned aircraft that the level of risk associated with its’ operation is diminished 

from the level of risk associated with commercial operations contemplated by part 61. Therefore, 

allowing aircraft use by a private pilot as the PIC meets or exceeds the present level of safety sought by 

14 CFR 61.101(e)(4)&(5) and 61.113(a).

• §61.315(a) Sport Pilot Limitations

Section 61.315(a) limits sport pilots to non-commercial operations. However, because the 

aircraft will not carry pilots or passengers and is limited in the type of operation and the area of 

operation, a private pilot can achieve the equivalent level of safety for the proposed operations as a 

commercial pilot. First, unlike conventional manned aircraft, UASs are remotely controlled by a ground 

based pilot operator in a controlled and restricted area. Second, the aircraft is much smaller than a 

manned aircraft that the level of risk associated with its’ operation is diminished from the level of risk 

associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a 

private pilot as the PIC meets or exceeds the present level of safety sought by 14 CFR 61.315(a).

• §91.7(a) Civil Aircraft Worthiness

Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation, which 

accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. To 

maintain an equivalent level of safety, the PIC will ensure that the aircraft is in compliance with the 

Operating Manual and the FOPM prior to each flight. Additionally, the Pilot will still comply with 91.7(b) 

and ensure that the aircraft is in condition for a safe flight.

• §91.119(c) Minimum Safe Altitudes

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Southern Survey requests authority to operate up to 400 AGL over uncontested areas. 

The aircraft will operate in a limited area within pre-defined boundaries with the consent of the 

landowner/controller and require that all non-essential persons remain clear of the flight area during 

operations. The PIC will make a safety assessment of the risk of operating the aircraft and ensure no 

undue hazard is present for persons or property. Considering the size, weight and speed of the aircraft, 

these protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to 

flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the

proposed aircraft operations is far less than conventional aircraft operating at or below 500 ft AGL. In 

addition, the low-altitude operations of the aircraft will ensure separation with conventional aircraft.

• §91.121 Altimeter Settings

Section 91.121 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.” The DJI Phantom 3 Professional does not have a 

barometric altimeter, but instead uses GPS altitude data. Southern Survey establishes an equivalent 

level of safety by requiring the pilot to confirm that the GPS altitude is set to zero before every flight.
• §91.151(a)(1) Fuel Requirements for Flight in VFR Conditions

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to first point 

of intended landing and then for at least an additional thirty minutes. The batteries that power Southern 

Survey unmanned aircraft systems provide approximately 23 minutes of powered flight time and 

therefore is unable to meet this requirement. However, the DJI Phantom 3 Professional has a low 

battery alarm along with a critical battery limit that automatically sends the aircraft back to its 

departure point. Also, because the aircraft will be flying in a confined area without the presence of nonessential persons and with landowner/controller permissions, an equivalent level of safety can be

achieved by flight planning all flights to return to intended landing site with a minimum of 25% reserve 

power in accordance with the FOPM.

• §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) Maintenance Inspections

Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) 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 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 Southern Survey operations. Maintenance will be accomplished by 

Southern Survey in accordance with the operations manual and FOPM. The Pilot in Command will 

ensure that the aircraft is in working order prior to flight and will perform some maintenance and 

inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Additionally, 

the Pilot in Command will conduct detailed inspections of the aircraft every 10 hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks replacing propellers, and updating 

software and firmware. All other maintenance will be performed by the manufacturer.

Southern Survey will keep a log of maintenance performed. Moreover, Southern Survey and the 

PIC are most familiar with the aircraft and best suited to maintain it in an airworthy condition.

An equivalent level of safety will be achieved because the DJI Phantom 3 Professional is limited 

in size, will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the aircraft can land immediately and will be operating no higher than 400 feet 

AGL.

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because flights 

will occur over private or controlled access property with the land owner’s prior consent and 

knowledge.

VII. Public Interest

Use of the DJI Phantom 3 Professional drone is in the public interest because it is safer for 

people and structures than conventional manned aircraft. First, risk to the flight crew is virtually 

eliminated by using an unmanned aircraft. Second, by flying a small aircraft weighing less than 55 

pounds and carrying no fuel, risk to persons and structures on the ground is greatly reduced. Finally, use 

of the DJI Phantom 3 Professional benefits the public because it is better for the environment through 

reduction in noise and environmental pollution.
VIII. Federal Registry Summary

Southern Survey seeks an exemption from the following sections of Title 14 of the Code of 

Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to commercially operate an 

unmanned aircraft system for commercial purposes including but not limited to: aerial photography, 

aerial videography, land surveying, and industrial inspections.

As established by the UAS exemptions already granted by the FAA, allowing commercial

operations of UASs for aerial photography and videography will enhance safety by reducing risk. 

Conventional aerial photography, aerial videography, aerial surveying, and aerial inspections using 

manned aircraft present avoidable risks to flight crew and persons and structures on the ground 

because the aircraft is flying at low altitudes with large amounts of fuel. In contrast, a UAS weighing less 

than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack 

of combustible fuel. Environmental risks are also eliminated by using an aircraft that does not have 

emissions. Therefore, by using an UAS for the purposes outlined by Southern Survey, the risk to persons 

and structures will be significantly reduced.

IX. Conclusion

Southern Survey requests an exemption from the aforementioned sections of 14 CFR. The 

exemption is in the public interest because it will increase safety for persons and structures and 

Southern Survey will provide an equivalent or greater level of safety as provided for in the applicable 14 

CFR sections.