__________________________________________________________________________________________________

1 of 10

January 25, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

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, Airscape Drones, LLC, 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.

The Name and Address of the Applicant is:

Airscape Drones, LLC

Kay Spring

PO Box 640434

Beverly Hills, Florida 34464

352-464-7734

kay.spring@hotmail.com

Regulations from which the exemption is requested:

14 CFR Part 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)
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

2 of 10

Airscape Drones, LLC will be operating the DJI Phantom 2, DJI Phantom 3 Professional and the DJI 

Inspire 1. The applicant will operate the UASs in line of sight within a closed off and predetermined 

area owned and/operated by the property representative.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 35 mph.

 Flights will be operated within the line of sight of the Pilot in Command (PIC).

 A pre-flight check list will be performed regarding the planned UAS operations prior to each

flight. The pre-flight check list will account for any potential discrepancies such as damaged

equipment and components. If a defect is found, the aircraft will not be permitted to fly until

necessary maintenance has been performed.

 Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated

at 25% battery power reserve or 20 minutes of flight time, whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and

may include but not limited to a Camera Operator.

 The UAS pilot will be a designated Pilot in Command (PIC) and will take and pass all

necessary certifications currently being approved by the FAA administration for commercial

use.

 A briefing will be performed regarding the planned UAS operations prior to each day's flight

consisting of all the day's production activities.

 All flights will occur under the Visual Flight Meteorological Conditions (VMC) only.

 The flights will occur no closer than a 5 mile radius of the geographical center/Airport

Reference Point (ARP) of a tower controlled or uncontrolled airport. The DJI Phantom 3

Professional has built in software for all FAA regulated 'No Fly Zones'.

 If operations will be within a 5 mile radius of the geographical center/Airport Reference Point

(ARP) of a tower controlled or uncontrolled airport, the respective airports will be contacted
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

3 of 10

advising them of the estimated flight time, flight duration, elevation of flight, and other

pertinent information.

 The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72

hours but no less than 48 hours from planned operation.

 The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the flight

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as required under the FOM. With the advanced permission of the FSDO,

operations at closer range may be approved.

 The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

 Written and/or verbal permission and permits will be obtained from territorial, state, county, or

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

 If the UAS loses communications with the remote controller, or loses GPS signal, the UAS 

will have the capability to return to a predetermined location within a designated location and 

land autonomously.

 The UAS will have the capability to abort a flight in case of unpredictable obstacles, weather, 

or emergencies.

DJI UAS SPECIFICATIONS

General Features:

 Ready-to-fly

 3-axis camera stabilization

 Precision flight and stable hovering

 GPS/GLONASS positioning & auto return to home

 On-screen real-time flight parameters

 High Definition 4k camera

 Camera tilt control

 Film straight down

 Supports Adobe DNG RAW

 Adobe lens profile support

 Camera parameter settings

 Album synchronization

 FAA no-fly zones locked out via installed software
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

4 of 10

DJI Go App

 System requirement of mobile smart phone running iOS 6.0 or higher or Android 4.0 or higher

Given the small size of the UAS and the controlled environment provided the proposed operations will

adhere to the Reform Act's safety requirements. The approval of this application presents no national

security issues. Regarding the level of safety surrounding the proposed operations and the public

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise,

the grant of the requested exemption is in the public interest. Accordingly the applicant requests that

the FAA grant the requested exemption with the minimum delay.

COMMERCIAL OPERATION USES

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

operate in the following manner:

1. 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.

2. Aerial inspection/photography for public and/or private use including television, public events,

cinematography and news gathering. The UAS will not be flown over people, traffic, or other

potential hazards.

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

owners or local government authority.

4. Aerial photography and/or video for public and/or private use including but not limited to 

outdoor weddings, parties and other private events, real estate, architecture, land surveying, 

construction, tourism, engineering and other related professional activities.

5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

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

limited to electrical power lines, wind turbines and cell towers.

7. Free aerial photography and/or video services to non-profits and community organizations.

PRIVACY CONCERNS

The proposed operations will be conducted only over private or controlled-access property and only

after obtaining written or verbal consent from the property owner. No privacy issues are raised by this

application.

PRE-FLIGHT CHECKLIST

Prior to each flight, a systematic inspection of the aircraft and surroundings will be taken.
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

5 of 10

EXEMPTION REQUESTS

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 Reform 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. (3 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. The FAA will have advance notice of all operations. 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 carry a substantial external 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 will 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).
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

6 of 10

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. An

equivalent level of safety can be achieved by current Regulations because the applicant’s UAS do not

carry any pilots, passengers or 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 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: Preflight 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 manufacturer FOM in the pre-flight

inspection section, including but not limited to reviewing weather, flight battery requirements, landing

and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

7 of 10

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 provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by 

the size and speed of the aircraft.

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

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 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 the filming

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 55lbs. 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
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

8 of 10

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 25 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 20 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 lbs. and is operated without an on-board pilot. As such,

there is no ability or place to carry 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.
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

9 of 10

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in sub-part 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 this 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 mechanical 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.

PUBLIC INTEREST

Manned aircraft conducting aerial photography/videography can weigh 6,000 pounds or more and 

contain one or more individuals on board. Airscape Drones, LLC’s UAV will weigh less than 7 

pounds and contain no living crew (the PIC and VO being remotely located from the UAV). The 

limited weight significantly reduces the potential for harm to participating and nonparticipating 

individuals or property in the event of an incident or accident. There is no risk to an onboard crew 

while using a UAV.

Traditional manned aircraft contain highly flammable fuel and are at risk of fuel spillage and fire in 

the event of an incident or accident. The battery-powered DJI Phantom 2, DJI Phantom 3 Professional

and the DJI Inspire 1 carry no fuel, eliminating this fire and environmental risk.

Traditional aerial photography/videography operations using conventional aircraft can operate in very

close proximity to persons and property on the ground. While the FAA mitigates these risks in a 

variety of ways, the proposed UAS operations would reduce risks even further due to the limited size, 

weight, speed, operating conditions, and safety features of the DJI Phantom 2, DJI Phantom 3 

Professional and the DJI Inspire 1.

Furthermore, as Congress outlined in the FAA Modernization and Reform Act, integration of UAS 

into the NAS is inherently in the public interest, as long as it can be accomplished safely.

As described above, not only will the proposed UAS operations provide an equivalent level of safety 

to current operations – they will actually provide a greatly improved level of safety to construction 

managers and the general public.
Airscape Drones, LLC

Aerial Photography & Videography

__________________________________________________________________________________________________

10 of 10

CONCLUSION

Airscape Drones, LLC seeks exemption from the FARS outlined above in order to commercially 

operate small UAVs that weigh less than seven pounds for the purposes described above. The 

operation of the UASs described herein, under the strict conditions outlined above and in the operating 

documents, will provide an equivalent level of safety to support the grant of the requested exemptions.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level 

of safety. We look forward to working with your office. Please contact us at any time if you require 

additional clarification or information.

Thank you,

Kay Spring

Chief Executive Officer

Airscape Drones, LLC

PO Box 640434

Beverly Hills, Florida 34464

352-464-7734

kay.spring@hotmail.com