GEI Consultants of Michigan, P.C. 

109 W. Baraga Avenue 

Marquette, MI 49855

906-451-4021 

www.geiconsultants.com 

Consulting 

Engineers and 

Scientists 

October 14, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

SUBJECT: Section 333 Petition for Exemption 14 CFR § 11.81 Electronic Submittal – Via 

FDMS Website 

Dear Staff: 

This letter serves as a petition for exemption from specific rules contained in Title 14 of the Code 

of Federal Regulations (14CFR), regarding the operation of a small, unmanned aircraft system 

(small UAS) in the National Airspace System (NAS). This petition has been prepared and filed 

in accordance with 14 CFR § 11.81. 

Operation of the Unmanned Aircraft 

The UAS will be used for civil operations by GEI Consultants of Michigan, P.C., a professional 

engineering consulting firm, for the propose of conducting site reconnaissance for both public and 

private civil construction and engineering projects. The UAS will be used to gather aerial still 

photography, and videos for use in engineering. These operations would benefit the public as a 

whole by enabling enhanced acquisition of existing data for use in the preparation of detailed 

engineering studies. Aerial photography would also serve as a historical record, which is 

commonly shared with federal, state, and local agencies. 

We intend to implement all of the Operational Limitations, outlined in Proposed Part 107 of the 

Notice of Proposed Rulemaking (NPRM), at a minimum. These limitations will ensure the same 

level of safety offered by the rules for which the exemption is sought. By adhering to the 

Operational Limitations, the proposed UAS operation will minimize risk to the NAS, and to 

persons and property on the ground. The UAS will be operated in Class G airspace only, and 

flights will not exceed 200 feet in elevation above ground level. 

Operations will be limited to daylight only in Class G airspace, using visual line of sight (VLOS), 

in sparsely populated areas. Operations will also remain: 

• 5 nautical miles (NM) from an airport having an operational control tower; or 

• 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower: or 

• 2 NM from an airport without a published instrument flight procedure or an operational 

tower; or 

• 2 NM from a heliport with a published instrument flight procedure. 

Prior to each flight, the Pilot In Command (PIC) will perform a preflight inspection of the UAS, 

and follow the manufacturer’s preflight checklist. In addition, an UAS User Manual will also be 

available for each flight. 

The UAS specifications can be found in the DJI Vision 2 Plus User Manual. The aircraft loads 
U.S. Department of Transportation -2- October 14, 2015 

will include a video camera, and intelligent flight battery, and are included in the total weight of 

the aircraft, which is roughly 3 lbs. The UAS Safety Guidelines also provide recommendations 

for the safe operation of the UAS, and potential hazards. 

Unmanned Aircraft Pilot in Command (PIC) 

The Pilot in Command (PIC) will be a suitably trained person capable of safely flying the UAS. 

The PIC will assume the final authority and responsibility for the operation and safety of the 

flight. They will also be responsible for staying abreast of the latest FAA regulations, through the 

“Know Before You Fly” program. 

Unmanned Aircraft System 

The UAS will be DJI Phantom 2 Plus, which is manufactured by DJI. All manufacturers 

recommendations related to safety guidelines will be referenced to ensure the safe operation of 

the small UAS in the NAS. This includes all DJI instructional videos and written Safety 

Guidelines for the Phantom 2 Plus. 

Our PIC will implement the Operational Limitations outlined in Proposed Part 107 of the Notice 

of Proposed Rulemaking (NPRM), Volume 80, No. 35 of the Federal Register, dated Monday, 

February 23, 2015. 

Maintenance and repair will be performed as necessary, and a maintenance record will be 

recorded in a repair logbook. This will ensure that the UAS is in a safe condition for flight. The 

Maintenance Manual for the Phantom 2 Plus will be used as a reference, and has been included in 

this submittal. The UAS will also be registered in accordance with Part 47 of the 49 UCS § 

44711. 

Rules for which we seek exemption are summarized below, and include: 

1) 14 CFR, Part 21, Subpart H - Airworthiness Certificates 

This section pertains to requirements for the issue of airworthiness certificates. Proposed Part 107 

of the NPRM concluded that, requiring small UAS operators to conduct inspection and 

maintenance of the small UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain 

a permit to operate (PTO), would not result in significant safety benefits. 

2) 14 CFR, Part 61 § 61.23(a) and (c) - Medical Certificates 

This regulation provides that a PIC must maintain and hold medical certificates. GEI Consultants 

feels that the medical certificates are not necessary to protect the public safety with the proposed 

UAS. 

3) 14 CFR, Part 61 § 61.101(e)(4) and (5) - Recreational Pilots 

This regulation provides that no person that holds Recreational Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. GEI Consultant’s proposed sUAS operations 

require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot 

carry passengers or property, GEI Consultants feels that it meets the intent of 61.101 even though 

the intent of this application is to conduct a business. 

4) 14 CFR, Part 61 § 61.113(a) - Private Pilot 

This regulation provides that no person that holds Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 
U.S. Department of Transportation -3- October 14, 2015 

passengers or property for compensation or hire. GEI Consultant’s proposed sUAS operations 

require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot 

carry passengers or property, GEI Consultants feels that it meets the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a business. 

5) 14 CFR, Part 61 § 61.315(a) - Sports Pilot 

This regulation provides that no person that holds a Sports Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. GEI Consultant’s proposed sUAS operations 

require that the PIC must be adequately trained in the use of an UAS and since the aircraft cannot 

carry passengers or property, GEI Consultants feels that it meets the intent of 61.101 even though 

the intent of this application is to conduct a business. 

6) 14 CFR, Part 91 § 91.7(a) - Civil Aircraft Airworthiness 

This regulation prohibits the operation of an aircraft without an airworthiness certificate. GEI 

Consultants seeks an exemption from 14 CFR §91.7 which requires that a civil aircraft have an 

airworthiness certificate to operate. 

7) 14 CFR, Part 91 § 91.9 - Civil Aircraft Flight Manual 

The regulation provides that no person may operate an aircraft unless a current, FAA-approved 

flight manual, approved manual material, markings and placards or any combination thereof is in 

the aircraft. GEI Consultants proposes that a current, approved sUAS Flight Manual be available 

to the crew at the ground station anytime the aircraft is in, or preparing for flight. 

8) 14 CFR, Part 91 § 91.103 - Preflight Action 

This section pertains to preflight actions for IFR flights, and reviewing information related to 

runway lengths, and takeoff and landing distances. The small UAS will never be flown under 

IFR conditions, and takeoff and landing distances are not a factor on a rotorcraft. The small UAS 

will undergo a preflight assessment, which will include: (1) local weather conditions; (2) local 

airspace and flight restrictions; (3) the location of persons and property on the ground; (4) any 

other ground hazards. 

9) 14 CFR, Part 91 § 91.109 - Flight Instruction 

This section pertains to aircraft being used for flight instruction. The small UAS will not be used 

for flight instruction. 

10) 14 CFR, Part 91 § 91.119 - Minimum Safe Altitudes 

This section pertains to minimum altitudes for flight, which are a minimum of 500 feet above the 

surface, and greater. The small UAS will be flow at a maximum altitude of 500 feet above the 

surface. This rule would not be applicable to Proposed Part 107 of the NPRM. 

11) 14 CFR, Part 91 § 91.121 - Altimeter Settings 

This section pertains to cruising altitudes and flight levels as referenced by altimeter settings. In 

addition, the rule pertains to flights that are above a minimum altitude of 500 feet. The small 

UAS does not contain an altimeter, and will be flown at a maximum altitude of 500 feet. This 

rule would not be applicable to Proposed Part 107 of the NPRM. 

12) 14 CFR, Part 91 § 91.151 - Fuel Requirements for VFR Conditions 

This section pertains to fuel requirements in VFR conditions when flying an aircraft to the first 

point of intended landing. The small UAS will be flown on battery power, and will remain within 

a visual line of sight (VLOS) at all times. This rule would not be applicable to Proposed Part 107 

of the NPRM. 
U.S. Department of Transportation -4- October 14, 2015 

13) 14 CFR, Part 91 § 91.203(a)(1) - Civil Aircraft Certifications 

This section pertains to airworthiness certificates originally designed for manned aircraft. It is 

not practically feasible for small UAS manufacturers to complete the certification process 

required of manned aircraft. Proposed Part 107 of the NPRM has accommodated nonrecreational small UAS use through a certificate of waiver or authorization (COA). The UAS 

will be registered with the FAA, and a COA would be requested subsequent to the Section 333 

exemption process. 

14) 14 CFR, Part 91 § 91.405 - Maintenance Required 

This section pertains to the maintenance of manned aircraft. Proposed Part 107 of the NPRM 

concluded that, requiring small UAS operators to conduct inspection and maintenance of the 

small UAS pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to operate 

(PTO), would not result in significant safety benefits. 

15) 14 CFR, Part 91 § 91.407- Operation after Maintenance, Preventative Maintenance 

This section pertains to aircraft maintenance, preventative maintenance, and alterations for 

manned aircraft. The small UAS will not carry persons, and will not be altered to change flight 

characteristics. 

16) 14 CFR, Part 91 § 91.409 - Inspections 

This section pertains to manned aircraft inspections. Proposed Part 107 of the NPRM concluded 

that, requiring small UAS operators to conduct inspection and maintenance of the small UAS 

pursuant to the existing regulations of 14 CFR Part 43, or to obtain a permit to operate (PTO), 

would not result in significant safety benefits. 

17) 14 CFR, Part 91 § 91.417 - Maintenance Records 

This section pertains to maintenance records for manned aircraft for the 100 hour, annual, and 

progressive periods. These rules are impractical for a small UAS, and would not result in 

significant safety benefits. Maintenance records for the small UAS will be kept as required. 

Summary of Rules for Exemption 

Sections of 14 C.F.R Sections 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.103, 91.119(c), 91.121, 91.151(a)(1) & (b), 91.203, 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

Description of Relief Sought 

GEI Consultants is seeking an exemption to commercially operate a small unmanned aircraft 

system (sUAS), 15 pounds or less including payload, to perform various operations which 

include, but are not limited to: aerial acquisition and research in support of public and private 

engineering projects, aerial photography, local infrastructure, engineering studies, flood studies 

and floodplain modeling, mining, and surveying. 

Conclusion 

Due to their light weight, small unmanned aircraft generally pose a significantly lower risk to 

people and property on the ground, as compared to manned aircraft. The size, weight, speed, and 

capability of the Phantom 2 Plus UAS will not create a hazard to the users of the NAS or the 

general public, nor will it pose a threat to national security. Granting this request for exemption 

would not adversely affect safety, and would be in the public interest. 

The UAS will be registered with the FAA, and upon receiving a grant of exemption a “blanket” 

200 foot Certificate of Waiver or Authorization (COA) would be requested. 
U.S. Department of Transportation -5- October 14, 2015 

Sincerely, 

GEI Consultants of Michigan, P.C. 

George M. Meister, P.E. 

Senior Civil Engineer