U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 (a) and (b);14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) 

and (2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam: 

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

CFR Part 11, NewITeration Consulting, LLC., operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. 

Name and Address of Petitioner 

William H. Ernst Jr. 

NewITeration Consulting, LLC 

173 Regatta Dr. 

Brandon, MS 39047 (662) 601-801-4049 

ernstjr@gmail.com 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 
Scope of Operations: 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

• Aerial photography and/or video for public and/or private use including television, public events, 

cinematography and news gathering 

• Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

• Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, and cell towers. 

• Aerial video/photography or providing live video feed to assist with search and rescue operations 

in cases of an emergency or natural disaster when local authorities or government has requested it 

by contract or donation. 

• Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering and other related professional activities. 

• The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property. 

• Develop applications using DJI's SDK to increase safety and performance. 

As detailed below, the requested exemption would permit the operation of a UAS under controlled 

conditions in the NAS that would be a) limited b) controlled c) and will provide safety enhancements to 

the already safe operations in the industry presently using conventional aircraft. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to "....establish requirements for the safe operation of such aircraft 

systems in the national airspace system. 

UAS to be Used 

NewITeration Consulting, LLC will operate the DJI Phantom series of remote control model aircraft. 

Specifically the Phantom Inspire and Phantom 3 Advanced/Pro and the DJI Inspire 1. 

• The UAS will not be operated at a speed exceeding 50 mph. 

• The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL). 

• The UAS will 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 must 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 operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

• Before each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. 

• No operations will be conducted at night, as defined in 14 CFR § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). 
• No operations will be conducted within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport's management is obtained or otherwise 

permitted by a COA issued to the exemption holder. 

• All operations shall be conducted over private or controlled-access property with permission from 

the owner 

UAS Model Specifications 

Phantom 3 Inspire 1 

Weight (w/ Batt. And Props) 1280 g 2935 g 

Diagonal Size (motor-motor) 350mm 581 mm 

Max Ascent Speed 5 m/s 5 m/s 

Max Descent Speed 3 m/s 4 m/s 

Max Speed 16 m/s 22 m/s 

Operating Temperature 0°C - 40°C 0°C - 40°C 

Operating Freq. Band 2.4 GHz 2.4 GHz 

Battery 4480 mAh 4500 mAh 

National Security 

The small size of these UAS and the limited scale of operations in conjunction with adherence to the 

Reform Act's safety requirements present no national security issues. 

Public Interest 

Services utilizing small UAS for aerial photography, videography, surveying, mapping, equipment 

inspections and auditing provides a much lower cost and higher level of safety to the public due to the 

small scale of aircraft relative to full scale aircraft operations. 

Operational Safety 

• The UAS will not be operated at a speed exceeding 50 mph. 

• The UAS will be operated at an altitude of no more than 400 feet above ground level (AGL). 

• The UAS will 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 must 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 operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 
• Before each flight, the PIC must condLIct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. 

• 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, the District of Columbia, Puerto Rico, a territory, a possession, 

or the Federal Government. The PIC must 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. 

• No operations will be conducted at night, as defined in 14 CFR § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). 

• No operations will be conducted within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport's management is obtained or otherwise 

permitted by a COA issued to the exemption holder. 

• All operations shall be conducted over private or controlled-access property with permission from 

the 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Refonn Act both authorize the FAA 

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national security 

posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to cany a substantial extennal load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 
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. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will 

be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Pursuant to 14 CFR 61.113 (a) &(b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. V-Tail Aviation 

Inc. may achieve an equivalent level of safety as achieved by current Regulations because the applicant's 

UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS 

will have a Commercial Pilot's License along with a current Third Class or higher Medical exceeding the 

current safety levels in relation to 14 CFR 61.113 (a) &(b). I feel the operation and limitations set forth in 

the FOM will equate to the safe operation of the UAS. 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance 

and use of safety check lists prior to each flight an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not 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. The UAS, given its size and configuration has no ability or 

place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will 

have immediate access to it. 
14 C.F.R. § 91.103: Prellight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. The PIC will take all actions as stated in the manufactures operating manuals. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no 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 fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. The FAA 

has approved exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact 

that neither a pilot nor passengers will be carried in the aircraft and by the small size and low speed of the 

aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitucles. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may 

be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 

AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest 

point on the structure. It will however be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in any operational activity, 

all affected individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of 

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

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS 

will ensure separation between these UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

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

This regulation 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." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. 
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "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." 

The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight 

VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within 

the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with less than 30 

minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes 

would greatly reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power— 

whichever happens first. This restriction would be more than adequate to return the UAS to its planned 

landing zone from anywhere in its limited operating area. 

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

The regulation provides in pertinent part: 

(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. 

The UAS fully loaded weighs no more than 55 Ibs. and is operated without an onboard pilot. As such, 

there is no ability or place to cany certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to 

the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections. 

These regulations 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 section and Part 

43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. 

An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a 

small payload and operate only in restricted areas for a limited period of time. If inechanical issues arise 

the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will 
ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure 

that the UAS is in working order prior to initiating flight and perform required maintenance needed. 

Respectfully 

NewITeration Consulting, LLC. 

~~~~,~ ~

^ / 

; . ~ ~✓" . ~

William H. Ernst Jr.