sd-661048 

Writer’s Direct Contact 

+1 (858) 720.7932 

WOConnor@mofo.com 

12531 HIGH BLUFF DRIVE 

SAN DIEGO, CALIFORNIA 

92130-2040 

TELEPHONE: 858.720.5100 

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MORRISON FOERSTER LLP

BEIJING , BERLIN , BRUSSELS , DENVER , 

HONG KONG , LONDON , LOS ANGELES , 

NEW YORK , NORTHERN VIRGINIA , 

PALO ALTO , SACRAMENTO , SAN DIEGO , 

SAN FRANCISCO , SHANGHAI , SINGAPORE ,

TOKYO , WASHINGTON , D . C . 

May 30, 2015 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Petition of Airphrame Inc. for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam: 

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

Act”) and 14 C.F.R. Part 11, Airphrame Inc. hereby applies for an exemption from the 

Federal Aviation Regulations identified below to allow for the commercial operation of the 

3D Robotics Iris + and the DJI Phantom 2 for aerial data collection. 

Airphrame requests that the FAA review this petition pursuant to its “summary grant” 

process. The UAS operations in this petition are similar in all material respects to relief 

previously granted by the FAA in Grant of Exception Nos. 11062, 11109, 11112, and 11213. 

The reasons stated by the FAA in granting the exemptions listed above also apply to this 

petition, and the grant of this petition is in the public interest. 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED 

Airphrame requests exemption from the following regulations: 

 14 C.F.R Part 21, Subpart H; 

 14 C.F.R Part 27; 

 14 C.F.R § 45.23(b); 

 14 C.F.R. § 45.27(a); 

 14 C.F.R § 61.113; 

 14 C.F.R § 91.7(a); 

 14 C.F.R § 91.9(b)(2); 

 14 C.F.R § 91.9(c); 

 14 C.F.R § 91.103; 

 14 C.F.R § 91.109(a); 

 14 C.F.R § 91.119; 

 14 C.F.R § 91.121; 

 14 C.F.R § 91.151(a) & (b) 
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 14 C.F.R § 91.203 (a) & (b); 

 14 C.F.R § 91.405(a); 

 14 C.F.R § 91.407(a)(l); 

 14 C.F.R § 91.409(a)(2); 

 14 C.F.R § 91.417 (a) & (b). 

This petition incorporates the material contained in the, Iris Operation Manual, Iris Flight 

Checklist, the DJI Phantom 2 User Manual (together, the “Manuals”). 

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS 

This petition for exemption is submitted in accordance with Section 333 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 permit operation of an unmanned aircraft system (“UAS”) 

where it does not create a hazard to users of the national airspace system (“NAS”) or the 

public or pose a threat to national security based on the following considerations: 

 The size, weight, speed and operational capability; 

 Operation in proximity to airports and populated areas; and 

 Operation within visual line of sight of the operator. 

Furthermore, the Federal Aviation Act grants the FAA Administrator authority to grant 

exemptions from safety regulations and minimum standards when the Administrator decides 

an exemption is in the public interest. 49 U.S.C. §§ 106(f), 44701-44716, et seq. 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. 14 C.F.R. § 11.81. 

III. DESCRIPTION OF AIRPHRAME AND ITS SERVICES 

Airphrame provides aerial data capture services including aerial mapping and imaging 

primarily for the engineering and insurance industries. Airphrame is located in San 

Francisco, California. 

Airphrame Corp. 

25 Taylor St. 

San Francisco, CA 94102 

Tel. (415) 857-5387 

C/O William V. O’Connor

William D. Janicki 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130 

Tel (858) 720-5100 

WOConnor@mofo.com 

WJanicki@mofo.com
U.S. Department of Transportation 

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IV. DESCRIPTION OF PROPOSED OPERATIONS 

Airphrame is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to perform aerial imagery and data collection 

primarily for the engineering and insurance industries. 

This type of aerial imagery and data collection is typically performed by helicopter or fixed 

wing aircraft. Use of a UAS will reduce safety risks because the UAS will not carry 

flammable fuel or a pilot, and UAS operations can be performed at considerable savings. 

The UAS will also allow for better imagery than can be produced by using a helicopter or 

fixed wing aircraft. 

A. Aircraft to be Operated 

Airphrame will operate two aircraft: the 3D Robotics Iris + (“Iris”) and the DJI Phantom 2 

(“Phantom”) for aerial imaging and data collection operations. 

1. 3D Robotics Iris + 

The FAA has already approved the Iris for commercial use in FAA Exemption No. 11419 

(FAA Docket No. FAA-2015-0185) and FAA Exemption No. 11273 (FAA Docket No. 

2014-0913). The Iris is a battery powered quadcopter UAS with a maximum weight of less 

than five pounds and a flight time of up to 22 minutes. The Iris is shown in Figure 1 below. 

Figure 1– 3D Robotics Iris + 

The Iris is more fully described in the 3D Robotics Iris + Operation Manual. 
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2. DJI Phantom 2+ H4-3D 

The FAA has already approved the Phantom for commercial use in FAA Exemption No. 

11560 (FAA Docket No. FAA-2015-0417) and FAA Exemption No. 11553 (FAA Docket 

No. 2015-0376). The Phantom is a battery powered quadcopter UAS with a maximum 

weight of less than five pounds and a flight time of up to 25 minutes. The Phantom is shown 

in Figure 2 below. 

Figure 2– DJI Phantom 2+ H4-3D 

The Phantom is more fully described in the DJI Phantom 2+ H4-3D User Manual. 

B. Airphrame’s Proposed Operations Demonstrate an Equivalent 

Level of Safety 

1. General Description of Proposed Flight Operations 

Airphrame proposes to operate within the limitations and performance specifications listed in 

the Manuals and described in this petition. These limitations provide for at least an 

equivalent, or higher, level of safety for operations under the current regulatory structure 

because the proposed operations are safer than conventional operations using helicopters or 

fixed wing aircraft which carry an operator and flammable fuel. The proposed flight 

operations are similar in all material respects to operations already approved by the FAA and 

are therefore subject to the FAA’s “summary grant” process. 

The proposed operations do not create any hazard to users of the national airspace system or 

pose a threat to national security. The aircraft is battery operated with a flight time of up to 

22 minutes. The vehicle weighs less than 5 pounds. The vehicle will be operated at or below 
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400 feet AGL within the visual line of sight of the pilot in command. Airphrame’s 

operations will be over private or controlled access property with the permission of the 

owner/controller or authorized agent. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The proposed UAS carries no fuel, and therefore the risk of fire following an incident or 

accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being 

operated by the petitioner reduces the risk to participating persons in close proximity to the 

aircraft due to the limited size, weight, operating conditions, and design safety features. 

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, and requiring that the aircraft be operated within visual line of sight 

and yield right of way to all other manned operations. 

The petitioner’s aircraft has the capability to operate safely after experiencing certain inflight failures, as specified in the Manuals. The aircraft is also able to respond to a lost-link 

event with a pre-coordinated, predictable, automated flight maneuver. 

2. Specific Limitations on Proposed Flight Operations 

Given the small size involved, the restricted environment within which it will operate, the 

procedures listed below, and pilot certification requirements, Airphrame’s proposed 

operations using the Iris would “not create a hazard to users of the national airspace system 

or the public or pose a threat to national security.” Reform Act Section 333(b)(1). 

1. The aircraft weigh less than 5 pounds. 

2. Each aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable. 

3. Flights will be operated within visual line of sight of the pilot in command 

(PIC). 

4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC. 

5. The PIC will ensure that before each flight, there is enough available power 

for the UAS to conduct the intended operation and to operate after that for at 

least five minutes or with the reserve power recommended by the 

manufacturer if greater. 
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6. The aircraft will be operated during daylight and in VFR conditions. 

7. Flights will not exceed 400 feet AGL. 

8. Flights will be operated at a lateral distance of at least 500 feet from any 

persons or property not associated with the operation who have not given 

prior permission. 

9. Flights will be limited to a groundspeed of 100 mph. 

10. Minimum crew for each flight will consist of a PIC and an Observer. 

11. The PIC will hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state or 

the Federal Government. The PIC will also meet the flight review 

requirements specified in 14 CFR § 61.56. 

12. Prior to the flight, a Mission Plan will be created setting forth the limitations 

for the flight as well as contact information for the PIC. 

13. The flight operations will yield the right of way to other manned aircraft 

operations. 

14. All persons who are not involved with Airphrame’s operations will be 

required to be at least 500 feet from flight operations. 

15. The aircraft will only operate over private or controlled access property with 

the permission of the owner/controller or authorized agent. 

16. The UAS will not operate within 5 nautical miles of an airport unless a letter 

of agreement is obtained. 

17. All required permissions and permits will be obtained from territory, state, 

county or city jurisdictions prior to flight. 

18. Prior to commencing operations, Airphrame will obtain a Certificate of 

Waiver or Authorization (COA) from the FAA. 

19. If the aircraft loses communications, it will have the capability to return to a 

pre-determined location within the operational area and land. 

20. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land. 
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21. The flight will be aborted in case of unpredicted obstacles or emergencies. 

22. UAS operations will be conducted within the parameters of the Manuals. 

3. Flight Recovery, Lost Communications, and Lost GPS 

Procedures 

The flight recovery, lost communications, and lost GPS procedures are more fully 

documented in the attached UAS Manuals. 

V. SPECIFIC FAR EXEMPTIONS REQUESTED 

Airphrame seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 

61, and 91 for purposes of conducting the requested operations using the Iris. Listed below 

are (1) the specific FAR sections for which exemption is sought, and (2) the operating 

procedures and safeguards that Airphrame has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e). 

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 

C.F.R. § 91.203(a)(1) 

The FAA has stated that no exemption is needed from this section if a finding is made under 

the Reform Act that the UAS selected provides an equivalent level of safety when compared 

to aircraft normally used for the same application. These criteria are met with this petition, 

and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 

2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics 

of the Iris or the Phanotm that fail to meet the requirements of the Reform Act, an exemption 

is requested. 

Equivalent Level of Safety: The Iris and the Phantom are safe when taking into account its 

size, weight, speed, and operational capability. It weighs less than 5 pounds and will be 

flown at speeds less than 100 miles per hour, and in visual line of sight of the operator. The 

UAS does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The 

UAS will be operated within the parameters of the Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or 

fixed wing aircraft operating with an airworthiness certificate without the restrictions and 

conditions proposed here. 
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B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Iris or the Phantom will otherwise require 

certification under Part 27, Airphrame seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 

21, Subpart H. 

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements 

14 C.F.R. §45.23(b), Markings of the Aircraft states: 

When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable. 

14 C.F.R. § 45.27(a) states: 

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 

14 C.F.R. § 91.9(c) states: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with part 45 of this chapter. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14. 

Equivalent Level of Safety: Airphrame will mark all Iris and Phantom aircraft with their NNumber in a prominent spot on the fuselage with markings that are as large as practicable. 

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

Airphrame seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. 

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the 
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airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire. 

While the UAS will be operated as part of a commercial operation, it will carry neither 

passengers nor cargo. In the Grant of Exemption No. 11062, FAA Docket No. FAA-2014-

0352, the FAA determined that the unique characteristics of UAS operation outside of 

controlled airspace did not warrant the additional cost and restrictions attendant with 

requiring the PIC to have a commercial pilot certificate and a class II medical certificate. 

The FAA has also determined that the required knowledge for a commercial pilot covers the 

same fundamental principles as a private pilot. 

The FAA has also recently granted exemptions allowing operations by people who hold an 

airline transport, commercial, private, recreational, or sport pilot certificate with a current 

FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the 

Federal Government. The PIC must also meet the flight review requirements specified in 

14 CFR§ 61.56. See FAA Exemption No. 11374. 

Airphrame will ensure the PIC will meet the requirements listed in the above paragraph. 

Airphrame will also ensure the PIC will have completed the manufacturers’ training 

guidelines outlined in the Manuals. 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.” See Exemption No. 

11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an 

equivalent level of safety by requiring the knowledge and experience in Iris and Phantom 

operations described above. 

The restrictions Airphrame has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those 

approved in the FAA’s “summary grant” process. 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Airphrame seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft 

be in airworthy condition to be operated. The FAA has stated that no exemption is required 

to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, 

Airphrame requests that the requirements for Section 91.7 be treated in accordance with FAR 

Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19. 
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F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft 

Certification and Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft - 

 ... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by 

§ 21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate.... 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

Airphrame does not request an exemption from this section but instead notifies the FAA that, 

in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

flight manual, registration certificate and other documentation will be kept at the control 

station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS 

operations, this alternate method constitutes full compliance with the regulations. See also

Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607. 

G. 14 C.F.R. § 91.103: Preflight Action 

Airphrame seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight 

Manual on board. The PIC will take all actions including reviewing weather, flight battery 

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

flight. Under these circumstances, the FAA has stated that no exemption is required. See 

Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required. 
U.S. Department of Transportation 

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Equivalent Level of Safety: An equivalent level of safety will be provided by following the 

Manuals. The PIC will take all required preflight actions—including performing all required 

checklists and reviewing weather, flight requirements, battery charge, landing and takeoff 

distance, aircraft performance data, and contingency landing areas—before initiation of 

flight. The Manuals will be kept at the ground station with the operator at all times. 

H. 14 C.F.R. § 91.109(a): Flight Instruction

Airphrame seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.” UAS and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control 

is accomplished through the use of the Ground Control Station (GCS) that communicates 

with the aircraft via radio communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board 

the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no 

safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can 

still be achieved without dual controls because no pilot or passengers are aboard the aircraft, 

and all persons will be a safe distance away in the event that the aircraft experiences any 

difficulties during flight instruction. In addition, Airphrame will conduct flight training at a 

remote facility away from population centers. These training flights will comply with the 

provisions in the Manuals. Accordingly, Airphrame’s proposed method of operation 

provides superior levels of safety. 

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested 

Areas

Airphrame requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. The Manuals provide for Airphrame 

operations to be conducted at least 500 feet from persons and structures not involved in the 

operations. The FAA has already determined that relief from Section 91.119(c) is warranted 

for UAS operations in uncongested areas with similar flight restrictions as those imposed by 

Airphrame. See Grant of Exemption No. 11062, p. 20-21. 

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing 

aircraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel, any risk associated with these operations is far less than those that presently 

exist with conventional aircraft. An equivalent level of safety will be achieved given the 

size, weight, and speed of the UAS, as well as the locations where it is operated. In order to 

avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. 
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Other aircraft are already prohibited from operating closer than 500 from structures where 

Airphrame proposes to operate. This is airspace where other aircraft do not normally 

operate. As set forth in the Manuals and herein, the UAS will be operated away from 

persons or structures not involved in the operation. All persons who are not involved with 

Airphrame’s operations will be required to be at least 500 feet from flight operations. This 

will pose no risk to the public because other aircraft are not operating in these areas. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set 

to the elevation of the departure airport. The UAS proposed uses both barometric pressure 

sensors and GPS to determine altitude but does not have the ability to set in a current 

altimeter setting. An exemption is required to the extent that the UAS does not have a 

barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground 

control station and by the visual observer. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-ofsight in addition to GPS-based altitude information relayed in real time to the operator. See 

Grant of Exemption No. 11062, p. 20-21. As the attached Manuals indicate, the UAS will be 

operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of 

Exemption No. 11062. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

Airphrame requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight 

in VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed - 

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on the UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30 minute reserve. The Iris and 

the Phantom aircraft are battery powered with a maximum flight time of up to 22 minutes. 

The PIC will ensure that before each flight, there is enough available power for the UAS to 
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conduct the intended operation and to operate after that for at least five minutes or with the 

reserve power recommended by the manufacturer if greater. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is 

provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, 

and terminated with at least 25% reserve battery power still available. See Grant of 

Exemption No. 11062, p. 21-22. The FAA’s “summary grant” process provides that the PIC 

is prohibited from beginning a flight unless there is enough available power to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. See FAA Exemption No. 11374 (FAA Docket 

No. 2015-0091 at p. 5). The Manuals here provide that the PIC will ensure that before each 

flight, there is enough available power for the UAS to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

Airphrame seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 

C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... 

have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from 

these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS proposed here will not have. 

Equivalent Level of Safety: An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the Manuals. This 

includes maintenance, overhaul, replacement, and inspection requirements for the aircraft. 

See Exemption No. 11062 (FAA Docket No. 2014-0352, at p. 14-15) and FAA Exemption 

No. 11374 (FAA Docket No. 2015-0091, at p. 4). 

Airphrame will follow the UAS manufacturer’s maintenance requirements. As provided in 

the Manuals, flights will not be conducted unless a flight operations checklist is performed 

that includes all of the aircraft’s components. 

VI. PUBLIC INTEREST 

Granting Airphrame’s petition for exemption furthers the public interest. National policy set 

by Congress favors early integration of UAS into the NAS in controlled, safe working 

environments such as proposed in this petition. By granting this petition, the FAA will fulfill 
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Congress’s intent of allowing UAS to operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. 

Moreover, use of UAS will improve efficiency and reduce costs for Airphrame’s customers 

by reducing the time and expense necessary to collect aerial imagery. The use of the UAS 

proposed here will also decrease safety-related incidents involving traditional aircraft. The 

public has an interest in reducing the hazards and emissions associated with alternate use of 

helicopters and small airplanes to conduct similar imaging operations. 

Airphrame’s intended uses for the UAS will have real-world benefits for the engineering and 

insurance industries and the public by reducing the costs and enhancing the safety of aerial 

imaging and data collection. 

VII. PRIVACY 

All flights will occur over private property either owned by Airphrame or with the owner’s 

consent. All flights will be conducted in accordance with any federal, state or local laws 

regarding privacy. 

VIII. SUMMARY FOR FEDERAL REGISTER 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Airphrame Inc. seeks an exemption from the following rules for the commercial operation of 

a small unmanned aerial system to inspect wind turbine blades and towers for the renewable 

energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 

C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 

91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 

C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 

91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the substantial hazards associated with performing equivalent work 

using conventional aircraft and rotorcraft. 

Airphrame requests that the FAA grant this petition using the “summary grant” process such 

that publication in the Federal Register is not required. This petition would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. 
U.S. Department of Transportation 

Page Fifteen 

15 

IX. ATTACHMENTS 

Attachment 1: Iris Operation Manual 

Attachment 2: Iris Flight Checklist 

Attachment 3: Phantom 2 User Manual 

X. CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act—size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line 

of sight, and national security considerations—provides more than adequate justification for 

the grant of the requested exemptions to permit Airphrame to operate the Iris and the 

Phantom as proposed here. Furthermore, this petition warrants review by the FAA under the 

“summary grant” process for immediate approval. 

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure 

to danger; (2) improving the quality of services Airphrame can provide to its customers; and 

(3) decreasing operating costs compared with traditional aerial imaging 

Respectfully submitted, 

Morrison & Foerster LLP 

Counsel for Airphrame Inc. 

By 

William V. O’Connor 

William D. Janicki 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130-2040 

Telephone: (858) 720-5100 

Facsimile: (858) 720-5125 

woconnor@mofo.com 

wjanicki@mofo.com