1

July 1, 2015

SOAR Oregon

705 SW Bonnett Way

Ste. 1000

Bend, OR 97701

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Petition for Section 333 Exemption under Public Law 112-95 in the case of SOAR Oregon

Dear Sir,

1. Please find this petition for a Section 333 Exemption for SOAR Oregon per 14 CFR Part 11.81. SOAR 

Oregon is a State-funded, not-for-profit organized in the State of Oregon with the expressed mission 

of supporting the growth of the Unmanned Aircraft System (UAS) Industry within the State of 

Oregon. In support of our primary mission and in support of the Public good, SOAR is additionally 

tasked with supporting the stand-up and management of Oregon’s three FAA-designated Test 

Ranges, under the University of Alaska, Fairbanks’ Pan Pacific UAS Test Range Complex (PPUTRC).

2. Applicant Name and Address:

SOAR Oregon

705 SW Bonnett Way

Suite #1000

Bend, OR 97702

Attn: Mr. John Stevens, Chief Operations Officer
2

3. Summary of Requested Exemptions from 14 CFR for the Docket: As Oregon’s state-funded not for 

profit entity with the expressed mission of furthering the UAS industry within Oregon, SOAR Oregon 

believes that this application exemption serves the public good per the intent of the FAA 

Modernization and Reform Act of 2012, under Section 333 (c) of the Act to “...establish 

requirements for the safe operation of such aircraft systems in the National Airspace System“ 

SOAR requests this Section 333 Exemption under P.L. 112-95 for the purposes of operating a DJI 

Phantom 3 Professional and a 3D Robotics X8M for the purposes of aerial photography, crew 

training, and UAS industry market survey. Specifically, SOAR requests exemption from the following 

regulations:

14 CFR Part Summary of Regulations for which SOAR Requests Exemption

21, Sub-part H Certification Procedures for products and parts, Airworthiness 

Certificates

45. 23 (b) Marking of Aircraft

61.315 (c) (2), (3) Certification: Pilots and Instructors, “privileges and limits...sport pilot 

certificate”

91.7 (a) Civil Aircraft Airworthiness

91.103 (b) (1), (2) Preflight Action

91.105 Flight Crewmembers at Stations

91.109 Flight Instruction; Simulated instrument flight and certain flight tests

91.119 (b), (c) Minimum Safe Altitudes. “Over congested areas” and “Over other than 

congested areas”

91.121 Altimeter settings

91.151 (a) Fuel requirements for flights in VFR conditions

91.203 (a) & (b) Civil aircraft: Certifications required

91.405 (a) Maintenance required

91.407 (a) Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

91.409 (a) (1) & (2) Inspections

91.417 (a) & (b) Maintenance Records

Table (1): Summary of Exemptions Requested

4. UAS for which SOAR Requests Section 333 Exemption: SOAR intends to operate two UAS of similar 

size and complexity in the furtherance of the organization’s mission:

3D Robotics X8M

DJI Phantom 3 Professional

Both of these UAS are electrically-powered, lightweight “quad” or “hex” VTOL UAS which weigh less 

than 9 pounds including payload, and fly at speeds of less than 87 knots. Both UAS have been 

produced in great quantities, and have amassed thousands of hours of safe, reliable operations. 

Additionally, the Secretary has already issued 333 Exemptions for both of these UAS.
3

5. SOAR Oregon Operational Limitations: SOAR proposes to impose the following operational 

limitations on all of the organization’s UAS operations with these UAS:

a. All operations will be conducted by a SOAR-designated Pilot in Command (PIC) and will utilize at 

least one Visual Observer (VO) as described in the subsequent section (see: SOAR UAS Crew 

Qualifications/Certifications and Constraints).

b. All operations will be conducted in accordance with the manufacturers’ operational limitations 

and procedures as specified in:

o DJI Phantom 3 Professional User Manual v1.2 (Attachment 1)

o 3D Robotics X8M Operation Manual v3 (Attachment 2)

o 3D Robotics X8 Flight Checklist (Attachment 3)

c. All operations will be conducted at 400’ Above Ground Level (AGL) or below. 

d. All operations will be conducted at a speed of no more than 87 knots (verified ground speed), 

and no greater than the UAS manufacturers’ published airspeed limitations.

e. All operations will generally be conducted not less than 500 feet from non-participating persons, 

vessels, vehicles, and structures. Should flights be necessary inside of this envelope, SOAR will 

obtain the permission of any persons, vehicle/vessel owners or operators, or structures’ owners.

f. No operations will be conducted within 5 nm of an airport reference point (ARP) as denoted in 

an FAA Airport Facility Directory (AFD), or for airports not denoted with a reference point in the 

AFD, the center of the airport symbol as denoted on the current FAA aeronautical chart, unless a 

letter of agreement with that airport’s management is obtained or otherwise permitted by a 

COA issued to SOAR.

g. All SOAR operations will be authorized via an FAA Civil Certificate of Waiver or Authorization

(COA).

h. SOAR will publish a Notice to Airmen (NOTAM) no earlier than 72 hours prior to scheduled UAS 

operations and no later than 48 hours prior to scheduled UAS operations.

i. As required, SOAR will notify the cognizant Flight Standards District Office (FSDO) prior to all 

UAS operations. 

j. All operations conducted over private or controlled access property will be conducted only with 

the expressed written consent of that property’s owner or authorized controller.

k. All operations will be conducted no less than 500 vertical feet below or 2,000 horizontal feet 

from a cloud or when visibility is greater than 3 statute miles from the PIC.

l. Operations will be conducted only in day visual meteorological conditions (VMC) and within 

unaided Visual Line of Sight (VLOS) of the PIC and VO. The PIC and VO will maintain unaided 

visual contact with the UAS (corrective lenses and/or sunglasses excepted).

m. All operations will be conducted within a radio frequency spectrum (described in the UAS’s 

respective Operations Manuals) in compliance with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

n. If the UAS suffers a loss of command and control link with the GCS, or loss of GPS navigation 

signal, the UA will return to a predetermined point and hold until signal is regained. If the signal 

is not reacquired, the UA will execute a landing at a safe, pre-determined point.
4

6. SOAR Oregon UAS Crew Qualifications/Certifications: SOAR proposes to adhere to the following 

crew qualifications/certification requirements:

a. PICs will hold (at minimum) an FAA Sport Pilot Certificate, and a U.S. state issued Driver’s 

license.

b. All SOAR PICs will be supervised by the SOAR Executive Director. The Executive Director 

possesses an FAA Private Pilot Certificate, Instrument Rating with SEL high performance and 

complex endorsements, and has 895 hours flight time in fixed-wing piston aircraft.

c. All SOAR PICs will be required to demonstrate proficiency in operation of these UAS and to 

maintain currency with these platforms.

d. VOs will hold (at minimum) a State-issued Driver’s License.

e. All SOAR crew members will be subject to the FAA’s Drug and Alcohol program.

7. SOAR Oregon UAS Logbooks, Inspections, Maintenance and Condition for Safe Operation: SOAR 

proposes to follow the below requirements with respect to UAS logbooks, maintenance and 

ensuring our UAS’ condition for safe operation:

a. SOAR will maintain operations and maintenance logbooks for each UAS.

b. SOAR UAS will be inspected and maintained IAW the Manufacturers’ Operator/Maintenance 

Manuals, or in accordance with FAA Advisory Circular 43.13 (b), as applicable. Additionally, 3D 

Robotics provides specific maintenance instructions in its “Support” web page (Attachment 4).

c. SOAR will ensure that its UAS are kept in a condition for continued safe operation by 

accomplishing the above.

d. All inspections, maintenance actions, and relevant life cycle data will be recorded in the UAS 

logbooks.

8. Specific Exemptions Requested by SOAR Oregon, and Equivalent Levels of Safety:

a. 14 CFR Part 21, Sub-Part (H), “Airworthiness Certificates”: There is no Type Certification 

basis for either of the UAS for which SOAR is requesting exemption, hence Airworthiness 

Certification is not requested. However, SOAR will ensure that the UAS will be in a condition 

for safe operations through the use of maintenance and pre-flight procedures as specified in 

the manufacturers’ Operations/Maintenance manuals and checklists. SOAR will conduct all 

pre-flights, scheduled and un-scheduled maintenance in accordance with these manuals in 

order to ensure that the UAS is in a condition for safe operations.

b. 14 CFR Par 45.23 (b) “Display of Marks, General”: SOAR will register both UAS with the FAA 

per 14 CFR Part 47. Exemption is requested for the size and location of the aircraft 

markings, as the minimum sizes and locations of markings per 14 CFR Part 43.23 (b) are 

impractical due to the size and configuration of UAS listed above. SOAR will mark the UAS 

with our assigned N-numbers to the largest practical size.

c. 14 CFR Part 61.315 (c) (2) and (3) “...privileges and limitations of...sport pilot certificate”: 

SOAR may operate its UAS for missions which could be considered Commercial, or use a 

compensated staff member to conduct operations. However, given the small size, weight 

and complexity of the UAS SOAR intends to operates, SOAR proposes to maintain an 

equivalent level of safety with respect to its pilots’ qualifications and certifications by 
5

requiring all SOAR PICs to possess a minimum of an FAA Sport Pilot Certificate, and a valid 

State-issued driver’s license. SOAR believes that there is precedent for our establishing and 

maintaining the above level of PIC qualifications/certifications, as the Secretary has granted 

Certificates of Waiver or Authorization and Section 333 Exemptions for these and other UAS 

of similar specifications, and for organizations performing operations with identical 

limitations. 

d. 14 CFR Part 91.7 (a) “Civil aircraft airworthiness”: As no certification basis exists for the two 

UAS SOAR intends to operate, no normal airworthiness can be established for these 

systems. However, SOAR will ensure an equivalent level of safety by ensuring compliance 

with all inspection and maintenance procedures detailed in the manufacturers’ operations 

and maintenance manuals.

e. 14 CFR Part 91.103 (b) (1), (2) “Pre-flight action”: Neither of the UAS for which SOAR is 

requesting exemption to operate have FAA-approved Aircraft Flight Manuals. However 

SOAR will ensure an equivalent level of safety by complying with all pre-flight planning 

requirements of the manufacturer’s operations and maintenance manuals, and by ensuring 

that effective operational pre-flight planning is conducted by the Pilot in Command per the 

rule.

f. 14 CFR Part 91.105 “Flight crewmembers at stations”: SOAR requests exemption from this 

rule in that the SOAR PIC will be located with the UAS ground control station. No safety 

harnesses are required for this crewmember’s physical location. Additionally, SOAR will 

ensure an equivalent level of safety by maintaining a “sterile cockpit” environment for the 

PIC, ensuring the PIC’s physical environment is free of distraction from unauthorized 

personnel or other external stimuli.

g. 14 CFR Part 91.109 “Flight Instruction; Simulated instrument flight and certain flight tests”:

The UAS for which SOAR requests exemption lack the dual controls required by the rule, 

however SOAR will maintain an equivalent level of safety by ensuring that backup “piggy 

backed” controllers are used by PIC trainers for all system proficiency and experience 

building. All SOAR crew training will be conducted only during dedicated training sessions. 

All training for SOAR PICs and VOs will be conducted per the operational limitations 

expressed above in this exemption request.

h. 14 CFR Part 91.119 (b), (c) “Minimum Safe Altitudes...“Over congested areas” and “Over 

other than congested areas”: As stated in the operational limitations above, SOAR will 

ensure an equivalent level of safety by operating its UAS no closer than 500 feet from nonparticipant persons, vessels, vehicles or structures, unless permission is given by these 

persons or owners that such flights are permitted. Due to the light weight, small size, low 

airspeeds and lack of flammable materials on board the UA, no unsatisfactory residual risk 

exists for such operations. Should SOAR require to operate at distances less than the 

limitations expressed in the rule, SOAR will obtain the permission of these persons, vehicle 

or vessel owner/operators, and structures’ owners or authority.

i. 14 CFR Part 91.121 ”Altimeter settings”: Neither of the UAS for which SOAR is requesting 

exemption use barometric altimeters. SOAR requests exemption from the statute and will 

achieve an equivalent level of safety through effective operation of these UAS’ GPS altitude 

reporting capabilities.
6

j. 14 CFR Part 91.151 (a) “Fuel requirements for flights in VFR conditions”: Neither of the UAS 

for which SOAR is requesting exemption have the ability to retain 30 minutes of fuel reserve. 

Both are battery powered and have battery power level monitoring capability. SOAR will 

achieve an equivalent level of safety through battery health monitoring, ensuring that 

missions are terminated with sufficient battery power remaining to return to the takeoff 

point.

k. 14 CFR Part 91.203 (a) & (b) “Civil aircraft: Certifications required”: SOAR has not applied for 

an Airworthiness Certificate for these UAS, nor is it practical to carry additional 

documentation (e.g. FAA Registration, FCC license) aboard the UA. Thus, SOAR requests 

exemption from the statute and, as applicable, SOAR will achieve an equivalent level of 

safety by ensuring that all documentation (except Airworthiness Certificates) required to be 

carried aboard the aircraft will instead be co-located with the PIC, and available for 

examination by any FAA or law enforcement official.

l. 14 CFR Part 91.405 (a) “Maintenance required”: Neither of the UAS for which SOAR 

requests exemption will possess Airworthiness Certificates nor will they be maintained per 

14 CFR Part 43. However, SOAR will ensure that these UAS are inspected and maintained 

per the manufacturers’ operations/maintenance manuals to ensure an equivalent level of 

safety, and maintain a level of material condition sufficient to ensure continued safe 

operations after performance of inspections and maintenance actions. All inspections and 

maintenance actions performed on the SOAR UAS will be annotated in the UAS maintenance 

logbooks.

m. 14 CFR Part 91.407 (a) “Operation after maintenance, preventive maintenance, rebuilding, 

or alteration”: Neither of the UAS for which SOAR requests exemption will possess 

Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However SOAR 

will ensure that the aircraft are returned to a safely operable material condition to ensure 

an equivalent level of safety after completion of all inspections and maintenance actions, by 

performing all return to service requirements indicated in the manufacturers’ maintenance 

manuals.

n. 14 CFR Part 91. 91.409 (a) (1) & (2) “Inspections”: Neither of the UAS for which SOAR 

requests exemption will possess Airworthiness Certificates nor will they be maintained per 

14 CFR Part 43. However SOAR will ensure an equivalent of safety by performing all 

scheduled and special inspections per the manufacturers’ maintenance manuals. All 

inspections and maintenance actions performed on the SOAR UAS will be annotated in the 

UAS maintenance logbooks.

o. 14 CFR Part 91.417 (a) & (b) “Maintenance records”: Neither of the UAS for which SOAR 

requests exemption will possess Airworthiness Certificates nor will they be maintained per 

14 CFR Part 43. However SOAR will ensure an equivalent level of safety by maintaining UAS 

maintenance logbooks which capture inspection and maintenance data similar to that 

required in 14 CFR Part 91.417 (a) (1) and (2).

9. Public Interest: SOAR is submitting this application for exemption to support the Public good. As 

the State of Oregon’s lead not-for-profit for the UAS industry within Oregon, and given our 

relationship with the Oregon FAA-approved Test Sites, this exemption will enable SOAR to better 
7

understand the UAS operating and regulatory environment, while simultaneously enabling SOAR to 

assess UAS industry and market potential.

10. Privacy: SOAR Oregon will comply with all Federal, state and local regulations pertaining to Privacy. 

Additionally, SOAR Oregon will comply with the Pan Pacific UAS Test Range Complex privacy policy 

during any operations flown under a PPUTRC COA.

11. Point of Contact: We are pleased to submit this petition for Section 333 Exemption. Should any 

clarification or additional information be required in support of this petition, please contact;

John Stevens

Chief Operations Officer

SOAR Oregon

jstevens@soaroregon.com

Attachments:

(1) DJI Phantom 3 Professional User Guide v1.2; 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

(2) 3D Robotics X8M Operation Manual v3;

http://3drobotics.com/wp-content/uploads/2015/04/X8M-Operation-Manual-v3.pdf

(3) 3D Robotics X8 Flight Checklist

http://3drobotics.com/wp-content/uploads/2015/04/X8-Checklist-vB.pdf\

(4) 3D Robotics X8 Support web page

http://3drobotics.com/kb/x8/