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September 18, 2015

To:

Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE Washington, 

DC 20590

From:

Miles Davies, Esq.

1746 Cole Blvd., STE 295

Lakewood, CO 80401

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, Miles Davies, herein known as Petitioner, seeks exemption from

requirements of the following regulations: 14C.F.R. § 21, Subpart H; 14C.F.R. § 43.11; 14	

C.F.R. § 61.113(a)	& (b);	14C.F.R. § 91.103; 14 C.F.R.§ 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a) and (d); 14C.F.R. §

91.407(a)(l); 14C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b) for the purpose of operating

unmanned aerial vehicles (UAV’s) for aerial data collection1.

Granting this Petition is in the Public Interest

The request for this exemption is in the Public Interest as there are many consumer and 

governmental applications for the services that can be provided by UAV’s. Presently, aerial 

data collection is most often undertaken with the use of fixed wing and rotary 

aircraft that must carry persons, equipment and fuel. Using a UAV for many of these 

applications is an environmentally friendly, safer and lower cost alternative for both the

operator, the consumer and the public in general. These aircraft can be operated safely, and 

without significant financial impact to the operator or any person or property on the ground in

the event of the loss of an aircraft. Utilizing these UAV will create a safe and more productive 

work environment, reduce environmental pollution and have a positive impact on the local 

economy, all of which is in the Public Interest.

This Petition is similar in all Material Respects to Previous Grants of Exemption

The FAA has issued grants of exemption in circumstances similar in all material respects to those 

																																																												 1Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA
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presented in this petition, including but not limited to Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 

to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), in these circumstances the FAA found 

that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications 

described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good 

cause to find that the UAS operation enabled by this exemption is in the public interest.

Proposed Aircraft To Be Included Under The Exemption

Petitioner requests that the FAA issue a Grant of Exemption to Petitioner covering the below listed 

aircraft:

DJI Phantom 3 Advanced

DJI Phantom 3 Professional

http://www.dji.com/product/phantom-3

DJI Inspire 1

http://www.dji.com/product/inspire-1

DJI Flame Wheel F450

DJI Flame Wheel F550 

http://www.dji.com/product/flame-wheel-arf (F450 and F550)

DJI Spreading Wings S900 

http://www.dji.com/product/spreading-wings-s900

DJI Spreading Wings S1000+

http://www.dji.com/product/spreading-wings-s1000-plus

3D Robotics Solo Drone

http://3drobotics.com/solo-drone/

These aircraft have been previously determined by the FAA to meet the conditions of Section 333 

in Grants of Exemption Nos. 11398 (Inspire-1), 11574 (DJI F450), 12706 (DJI Phantom 3 

Advanced, DJI Phantom 3 Professional, DJI S900, DJI S1000), 12298 (DJI F550) and 12568 (3D 

Robotics Solo).

Relief Requested From Title 14 Code Of Federal Regulations

In accordance with statutory criteria provided in Section 333 of Public Law 112-95 in reference to 

49 U.S.C. Section 44704, and in consideration of the size, weight, speed and limited operating area 

associated with the proposed aircraft and their operation, petitioner requests relief from 14 C.F.R.

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

and any associated noise certification and testing requirements of part 36.

Further, Miles Davies respectfully requests that the FAA grant additional requested exemptions

from Title 14 C.F.R to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. The additional requested exemptions are as follows:

14 C.F.R 43.11; Content, Form, and disposition of Records for Inspections
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Petitioner requests an exemption from 14 C.F.R. 43.11. This part provides that maintenance 

record entries be maintained, that the inspector list discrepancies, and to affix placards to the

aircraft. Due to its small size the UAVs proposed for use, do not have room for placards to be

placed in or on them and no inspections for the proposed UAV’s have been certified by FAA

at the present time. However, as a condition to the grant of the exemption, Miles Davies, will 

perform the inspections and time replaceable items as recommended by themanufacturer and

keep records and log books of all maintenance and repairs.

14 C.F.R. 61.113(a) & (b); Private pilot privileges and limitations: Pilot in command

The petitioner requests relief in order to facilitate the utilization of pilots, who hold a Sport Pilot, 

Private Pilot (or greater) certificate. Any pilots operating under this exemption would be required 

to comply with any conditions as set forth and in a similar fashion to the previously granted

exemptions and would also hold a current FAA airman medical certificate or a valid U.S. driver’s 

license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the

Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14 C.F.R 91.103; Preflight Action

Miles Davies requests an exemption from 14 C.F.R. 91.103. This regulation requires each pilot to 

take certain actions before flight to insure the safety of flight and must include familiarizing 

oneself with runway lengths and performance data including landing distances. The proposed 

UAV’s do not require runways, and since there are no FAA approved flight manuals, the operator 

will utilize and follow the performance data contained in the manufactures’ manuals.

14 C.F.R 91.105; Flight Crewmembers at Stations

Miles Davies requests an exemption from 14 C.F.R. 91.105. This part is not applicable due to

the fact that UAV’s carry no flight crewmembers. An equivalent level of safety will be 

maintained by ensuring that The UA must be operated within visual line of sight (VLOS) of the 

PIC at all times. This requires the PIC to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

All operations will further utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC 

shall be able to communicate verbally at all times; no electronic messaging or texting shall be

permitted during flight operations. The PIC shall be designated before the flight and shall not

transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can 

perform the duties required of the VO.

14 C.F.R. 91.119(c); Minimum Safe Altitudes

The petitioner requests waiver for this condition to allow reasonable and responsible operations 

of the UAV’s below 500 feet AGL and within safe and reasonable proximity to buildings and 

structures for to purpose of inspections.
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14 C.F.R. 91.121; Altimeter Settings

As discussed in Exemption 11138 is inapplicable since the UAS does not have an altimeter and 

instead utilizes electronic GPS with a barometric sensor for altitude information.

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

As discussed in Exemption 11136, prior relief has been granted for unmanned aircraft to operate 

at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In 

addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 

for daytime, VFR conditions. The UAS provides battery power remaining in percent to the PIC. 

Information provided in the operating documents discusses procedures regarding remaining 

battery power management. Those documents contain a condition in which the PIC will initiate a 

landing procedure when battery remaining reaches a specified level. Given the limitations on 

proposed operations and the location of those proposed operations, The FAA found that a reduced 

minimum power reserve for flight in daytime VFR conditions was reasonable.

14 C.F.R. 91.405(a); Maintenance Required

The	operator	shall	be responsible	for	maintaining	and	inspecting	the	UAS	to	ensure	that	it is	in	a	

condition	for	safe operation. Miles Davies will follow the manufactures’ recommended preflight

inspection protocols. Prior to each flight, the PIC will conduct a pre-flight inspection and 

determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight.

14 C.F.R. 91.407(a)(1); Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, 

The operator will assure that any UAS that has undergone maintenance or alterations that affect 

the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must

undergo a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 

feet from other people. The functional test flight must be conducted in such a manner so as to not 

pose an undue hazard to persons and property.

14 C.F.R. 91.409 (a)(1) & (2); Inspections;

The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components.

14 C.F.R. 91.417(a) & (b); Maintenance Records 

The exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, will be referred 

to as the operating documents. The operating documents will be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the exemption and the procedures outlined in the 

operating documents, the conditions and limitations of the exemption shall take precedence and 
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will be followed. Otherwise, the operator will follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The operator must also present 

updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon 

which the FAA granted this exemption, then the operator must petition for an amendment to its 

grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions 

arise regarding updates or revisions to the operating documents.

Safety Will Not Be Adversely Affected

The granting of this request will not adversely affect public safety. As determined in previous 

Grants of Exemption including but not limited to Nos. 11062	to	Astraeus	Aerial	(see	Docket	No.	

FAA−2014−0352),	11109	to	Clayco,	Inc.	(see	Docket	No.	FAA−2014−0507),	11112	to	VDOS	

Global,	LLC	(see	Docket	No.	FAA−2014−0382),	and	11213	to	Aeryon	Labs,	Inc.	(see	Docket	No.	

FAA−2014−0642),	the	FAA	found	that	the	enhanced	safety	achieved	using	an unmanned	aircraft	

(UA)	with	the	specifications	described	by	the	petitioner	and	carrying	no	passengers	or	crew,	

rather	than	a	manned	aircraft	of	significantly	greater	proportions,	carrying	crew	in	addition	to	

flammable	fuel,	gave	the	FAA	good	cause	to	find that	the	UAS	operation	enabled	by	these	

exemptions	would	not	adversely	affect	public	safety.

In	Conclusion

Petitioner	Miles	Davies	respectfully	requests	that,	for	the	reasons	state	herein,	the	FAA	find	that	

the	relief	requested:

- Is similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 

11109, 11112, and 11213; 

- The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also 

apply to the situation presented herein; and 

- A grant of exemption is in the public interest. 

Respectfully Submitted,

Miles E. Davies, Esq.

1746 Cole Blvd., STE 295

Lakewood, CO 80401