2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

214.709.5882 ǁ avantuas.com

April 15, 2015

Department of Transportation

Docket Management System

1200 New Jersey Avenue SE 

Washington, DC 20590

SUBJECT: Petition for Exemption to Operate Small Unmanned Aircraft Pursuant to Section 333

Petition Summary

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 

2012 (FMRA), Avant Unmanned Aerial Solutions, LLC (Avant) hereby petitions for expedited approval 

and exemption from FAA authorizing commercial operation of its small unmanned aircraft systems 

(sUAS) for remote sensing, aerial surveys, data and imagery collection for the industries and functions

listed in Table 1.

Table 1: Industries served and functions performed

Agriculture Insurance

Construction Law Enforcement

Emergency Response Planning & Asset Management

Engineering & Surveying Promotion & Marketing

Environmental Monitoring Real Estate & Land Development

Event Photography & Videography Training & Education

Inspections Transportation & Infrastructure

If granted, the exemption would permit Avant to conduct commercial operations of small unmanned 

aircraft systems (sUAS) that meet or exceed operational and safety requirements set forth by Congress 

in Section 333. As an unmanned aircraft technology firm, Avant requests operations granted under like 

conditions and limitations set forth in previous, and similar, Section 333 summary exemptions granted 

by FAA. 

Statutory Authority 

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems (UAS) may 

operate safety in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 
2645 Twin Point Drive, Suite 101-A

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determining which UAS’ would be eligible for expedited integration into the National Airspace 

System (NAS). Specifically UAS’ that “as a result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight do not create a 

hazard to the users of the national airspace system or the public, or pose a threat to national 

security.” If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) FAA has the 

authority to decide if an airworthiness certification as specified by Title 49 United States Code, 

Section 44704 is required for operation. Section 333 (c) specifically states that the FAA can 

determine “whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of Title 49, United States Code, is required for the operation of 

unmanned aircraft systems.” Thus, the FAA has the ability to allow a UAS that meets the criteria put 

forth in Section 333 (b) to operate within the NAS without an airworthiness certification as long as 

the UAS does not pose any hazard or threat to the NAS, public, and national security. 

Request for Relief 

In meeting the aforementioned requirements, Avant requests relief and exemption from the regulations 

summarized in Table 2. 

Table 2: Relief and exemptions summary

14 CFR 61.113(a) and (b) 14 CFR 91.109

14 C.F.R. 91.7 (a) and (b) 14 CFR 91.119

14 CFR 91.9 (b) (2) 14 CFR 91.121

14 CFR 91.103 14 CFR 91.151(a)

14 C.F.R. 91.401-91.417

Unmanned Aircraft Systems

Avant is requesting an exemption to operate a DJI Phantom 2 Vision Plus, DJI Inspire, DJI Phantom 3, and 

Event 38 E384. 

Avant’s sUAS proposed for operation through this request weigh less than 55 pounds, fly at speeds of no 

more than 100 miles per hour (MPH), carry neither a pilot nor passenger, carry no explosive materials or 

flammable liquid fuels, and will operate within approved flight areas and heights through coordination 

and communication with the Flight Standards District Office (FSDO), Air Traffic Organization (ATO), air 

traffic control facilities and personnel, and any other entities or persons to satisfy terms set forth by the 

FAA for this exemption request. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

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DJI Phantoms and Inspire

The Phantoms and Inspire sUAS are four-rotor, lithium polymer battery powered unmanned aircraft 

manufactured by DJI. DJI is a global leader in the sUAS market with thousands of their products in use 

for professional and recreational purposes. 

Given their extensive use and reliability, Avant asserts both the Inspire and Phantom series platforms 

can operate safely in the National Airspace System (NAS) through their appropriate use and operations 

in accordance with Avant’s training and operating parameters. 

These vertical takeoff and land (VTOL) quad-copters have GPS, autonomous flight capabilities, with 

telemetry and manual ground control. These aircraft are equipped with gimbals and high definition 

cameras. Each of these platforms have the capability to limit flight height above ground level (AGL) and 

limit flights in controlled airspace. 

The Phantom’s dimensions are 8.1 x 17 x 12.5 inches. The Inspire is 22 in x 22 in x 8 in. Both weight 

under 10 pounds. The following is representative of failsafe emergency procedures available between 

the Phantom and Inspire. 

 Loss of Communication: If the communication link with the PIC/operators ground control station 

is lost, the platform will initiative a return to home mode after three seconds of transmission 

loss. 

 Low Battery: Initiated automatically based on remaining battery life, altitude, and distance from 

home point - when the battery level is too a warnings is alerted to the PIC/operator and the 

aircraft can automatically begin a return to home procedure.

 Loss of GPS: Losing a GPS signal while flying autonomously will trigger the aircraft to hover using 

onboard altitude sensing. The PIC can then land the aircraft as soon as possible.

Event 38 E384 

The E384 sUAS is manufactured by Event 38. This lightweight fixed-wing platform is powered by a 

lithium polymer battery operated by a ground control station, and associated data link equipment. 

The E384 is made of a foam airframe, weighs less than 10 pounds, has approximately a 6 foot 

wingspan, and is 4.5 feet in length. The cruising operational speed of is approximately 27 mph (23.5 

knots). This small, lightweight unmanned aircraft operating at relatively slow speeds will pose little 

to no threat or hazard to people or structures on the ground, thus making it an exponentially safer 

alternative to manned, fixed-wing aircraft operating for similar applications.

The E384 functions primarily to provide aerial imagery and remote sensing capabilities using one of 

a selection of interchangeable cameras. High resolution imagery enable data collection, extraction, 

and analysis from imagery produced by these cameras with application to numerous industries such 

as surveying, architecture, engineering, agriculture, insurance, planning, and transportation just to 

name few. Information gleaned from the imagery will help in countless ways like maximizing crop 

yields, improving response times and coordination following natural disasters, expediting insurance 
2645 Twin Point Drive, Suite 101-A

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adjustment claims, and enhanced decision making and overall efficiencies amongst several 

industries ranging from real estate, planning, asset management, and more by having access to 

higher quality data. Practically speaking, all of these provide great benefit to the economy and the 

overall public.

The E384 is a hand launched platform that requires no runway for take-off and landing. Once 

launched, the E384 will operate at an altitude of 400 ft. AGL or less over a designated and 

authorized flight area. 

Prior to each flight, the Pilot in Command (PIC) will set dimensions of a designated flight area and 

relevant flight parameters to ensure the E384 operates within the lateral, not to exceed visual lineof-sight (VLOS), and vertical, not to exceed 400 feet AGL, geographic limits of an approved site for 

operation. In the event a critical issue is detected e.g. a low battery state or loss of datalink, the 

E384 will immediately initiate a return-to-launch/home sequence.

The E384 has extensive flight experience and a history of operational success overseas, including 

flights by over one hundred professional operators on 6 continents. The items below overview 

examples of its successful use provided from the manufacturer. 

1. Used to survey potential land for hydroelectric power plant construction in Uganda. 

2. The National Technical University of Athens in Greece used it for studying open-pit mining.

3. The Belize Fishery Department began routine flights with the E384 to track illegal fishing in 

protected waters. 

4. Recently the E384 was flown over three days at the Cleveland Airshow in the United States 

– a demonstration of its ability to safely integrate and operate in the NAS.

Each of the sUAS platforms described above are equipped with advanced sensors and high definition 

cameras. They also have built-in capabilities to limit flight altitude above ground level (AGL) and the 

radius distance flown from the pilot/operator. Safety parameters to prevent, if needed, operations in 

controlled airspace through a no fly zone feature is also possible with the DJI platforms.

In addition, each of the Avant’s sUAS have integrated safety features designed to help ensure the safety 

of persons and property within and surrounding an active operation area. For instance, as described 

above, if one of the aircraft lose communication with its ground control station or geographic 

positioning system (GPS) signal the aircraft can autonomously return to a pre-determined location or 

hover in place until the manually landed safely, respectively.

The Petitioner has supplied the following additional Information as appendices for consideration of this 

request:

 DJI Phantom Series Operation, Maintenance Materials (Appendix A)

 DJI Inspire Operation, Maintenance Materials (Appendix B)
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

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 Event38 E384 Operation, Maintenance, and Training Materials (Appendix C)

Aircraft Marking 

Each of Avant’s sUAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, 

and have an identification (N-Number) markings displayed as large as practicable in accordance with 14 

C.F.R. Part 45.

Pre-flight Inspection, Maintenance

Before each flight an Avant PIC will perform a series of pre-flight and takeoff checks as defined by the 

manufacturer noted in the Appendices provided. 

Routine inspection of all aircraft components, including, but not limited to the items listed below will 

take place:

 Motors, wiring and connectors

 Propellers, smooth, no chips

 Batteries, wiring and connectors

 Remote command and control

 Ground control station

UAS Operating Parameters

Avant PICs and visual observers, present during any and all flights, will ensure all operation remain 

within VLOS. Flights will be limited to 400 feet AGL – which is accurately measured by GPS. Avant’s sUAS 

operators and PICs are well equipped and trained for operations sought in this exemption with two 

being commercially rated pilots – one having an airline transport pilot certificate.

Communication and coordination with the appropriate FSDO will take place prior to operations, as 

needed. Further coordination will take place, as required, with the Air Traffic Organization to obtain a 

Certificate of Authorization (COA) prior to any operations granted in this requested exemption. Avant 

sUAS will not operate 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. The letter of agreement with the airport management must be made available to the 

Administrator or any law enforcement official upon request.

Avant’s sUAS operations will remain clear and yield to the right of way of all manned aircraft operations 

and activities (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, 

and hangliders). 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

214.709.5882 ǁ avantuas.com

Additionally, a grant of the exemption to Avant to operate their sUAS will be subject to the following 

operating conditions. These are based in part on the operating conditions set forth by the Academy of 

Model Aeronautics. 

 Operations to be conducted over private, controlled-access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided to the extent possible;

 Operations must not interfere with manned aircraft operations, must yield the right of way to 

manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times;

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually monitored 

by the PIC and/or Visual Observer at all times;

 All operations conducted within 5 miles from an airport shall only be initiated after verbal 

coordination with the airport authority, or air traffic control when a control tower is present at 

the airport;

Pilot in Command (PIC)

Any Avant PIC/operator under this grant of exemption will hold, at a minimum, a sport pilot certificate. 

The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by 

a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The 

PIC will also meet flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate.

Regarding Avant’s requested relief from 14 C.F.R. § 91.103(b)(1), the unmanned aircraft PIC/operator 

will comply with applicable procedures and requirements stated in § 91.103(a) and (b). Specifically, 

Avant PIC/operators will initiate all necessary actions including review of weather conditions, flight time 

and battery requirements, aircraft performance data, and landing and takeoff distances before each 

flight. Any site-specific conditions will also be planned and considered during preflight procedures and 

considerations.

Radio Frequencies

Radio frequencies used will be those allotted by the Federal Communications Commission (FCC) for data 

transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC 

usage and emissions regulations. 

Safety and Benefits of the UAS

Avant plans to operate their sUAS in a variety of applications that generally would require flying 

expensive, full-size manned aircraft to successfully conduct a mission or project. 

Small, light, unmanned aircraft vehicles and their systems offer countless benefits over the use of fullsized manned aircraft to numerous industries (see Exhibit 2) leveraging products from aerial surveys, 
2645 Twin Point Drive, Suite 101-A

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214.709.5882 ǁ avantuas.com

remote sensing, data and imagery collection. Replacing significantly larger manned aircraft carrying 

flights crews and flammable fuel with sUAS that do not carry people creates a much greater margin of 

safety for UAS operators and visual observers by contrast to a manned aircrafts flight crew and 

passengers. The lower acquisition, operational, and personnel costs, in addition to reduced 

environmental impacts such as reduced noise and emissions, through the use of batteries for power – in 

lieu of fuel and combustion engines, are reasons why it is beneficial to the public for Avant to receive 

FAA authorization to operate its unmanned aircraft.

Conclusion

For the foregoing reasons, and public benefit, the exemption requested herein should be granted and 

Avant permitted to conduct small UAS operations in accordance with its manuals and all other operating 

parameters deemed necessary and appropriate by the FAA.

Respectfully,

Sarah R. Collins, Ph.D.

President

Avant Unmanned Aerial Solutions, LLC
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

214.709.5882 ǁ avantuas.com

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. § 91.7 (a) and (b): Civil aircraft airworthiness

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur.

Sections 91.7 (a) and (b) prohibit operation of a civil aircraft unless it is in airworthy condition. Avant 

requests an exemption from this regulation because their sUAS would not operate with an airworthiness 

certificate under the proposal set forth in this filing. Given the size of the aircraft and requirements 

contained in the manuals for maintenance and use of safety check lists prior to each flight, as set forth in 

in the operators manual, an equivalent level of safety will be provided.

The FAA has issued similar exemptions to this regulation, including to Tradecraft LLC, Exemption No. 

11303. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a 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 passengers or property 

for compensation or hire. 

Avant’s proposed operations require that the unmanned aircraft PIC must hold at least a Sport Pilot 

Certificate issued by the FAA. Since the aircraft cannot carry passengers or property, it is believed Avant 

meets the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct 

operations for compensation or hire.

14 C.F.R. § 91.109(a): Flight Instruction

Section 91.109 (a) 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.

Avant’s sUAS are remotely piloted aircraft, and, by design, do not have fully functional dual controls. 

Flight control is accomplished through the use of a remote control and transmitters that communicates 

with the aircraft via radio communications. Completing instruction through the Avant training program 

will ensure an equivalent level of safety. 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. 

See Exemption Nos. 5778K and 9862A.
2645 Twin Point Drive, Suite 101-A

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14 C.F.R § 91.119 Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following 

altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. 

As set forth herein by Avant, their sUAS will never operate at an altitude higher than 400 feet AGL. Due 

to the nature of work proposed for remote sensing, aerial surveys, data and imagery collection this work 

necessitates flights at relatively low altitudes, i.e. less than 500 feet AGL, and an exemption from Section

91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight speed, and

material with which Avant’s sUAS are built. Additional consideration will be given prior to flights such as 

communication and permission with the land owner or the party controlling the land. With advance 

notice, all affected individuals will be aware of Avant’s remote sensing, aerial surveys, data and imagery 

collection. Compared to similar operations conducted with conventional aircraft or rotorcraft, which 

weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be 

far less than those currently allowed with such conventional aircraft operating at or below 500 feet AGL.

The FAA has approved exemptions for minimum safe altitudes to Chustz Surveying – Exemption No. 

11285. 

14 C.F.R § 91.121 – Altimeter Settings

91.121 requires aircraft to maintain a cruising level or flight level in reference to a current reported 

altimeter setting. Avant’s sUAS are not equipped with a programmable altimeter but rather determine 

location and altitude via an onboard GPS. Additionally, since the E384 will be operating at or below 400 

ft. AGL, there is no need to maintain hemispherical cruising altitudes for de-confliction with manned 

aircraft. For these reasons Avant seeks exemption from this regulation.

An equal level of safety will be achieved through the Phantom, Inspire and E384 GPS, which provides 

altitude and location data to the PIC via the ground control station. The sUAS Operations Manual, 

provided as Appendices, specifically addresses monitoring altitude and GPS readings prior to 

commencing flight operations. Combined with the fact that the aircraft’s altitude will be visually 

monitored by the PIC and Visual Observer, an equal level of safety is attained in lieu of referencing an 

altimeter setting. 

The FAA has approved exemptions for minimum safe altitudes to Pravia – Exemption No. 11166. 

14 C.F.R. § 91.151 (b): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (b) prohibits an individual from beginning “a flight in a rotorcraft 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, to fly after that for at least 20 minutes.
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The Phantom and Inspire series battery life provides at most 25 minutes of powered flight. Without an 

exemption from 14 C.F.R. §91.151, flights would be limited to 5 minutes or less. 

Given the limitations on Avant’s proposed operations, a lesser reserve for flight in VFR conditions is 

reasonable. Avant believes that an exemption from 14 C.F.R. § 91.151 (a) is safe and consistent with the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151 (a)). Operating the Phantom and Inspire sUAS without 20 minutes of 

reserve fuel does not produce the type of risks Section 91.151 (a) intended to prevent. Given its weight 

and construction material, the risks are less then contemplated by the current regulation. Avant believes 

that an equivalent level of safety can be achieved by the fact that their sUAS can safely utilize VTOL 

capability to quickly and safely land within 3 minutes of an area within VLOS once alerted of a low 

battery.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.

Part 91 Subpart E (91.401-91.417) – Maintenance, Preventative Maintenance, and 

Alterations

These regulations provided the maintenance and inspections requirements in reference to Part 39 and 

Part 43. 91.405 (a) specifically states that “no person may perform maintenance, preventive 

maintenance, and alterations on an aircraft other than as prescribed in this subpart and other applicable 

regulations, including part 43 of this chapter.” Avant seeks full exemption from these regulations due to 

the fact that these sections apply to an aircraft with an airworthiness certificate for which Avant is 

already seeking exemption.

An equal level of safety will be achieved by using the Phantom, Inspire, and E384 Operations and 

Maintenance Manuals (see appendices provided with this exemption request) which provide 

instructions on regular and corrective maintenance. Avant’s will be responsible for conducting and 

logging maintenance in accordance with these procedures. Avant PICs test to confirm their sUAS are 

suited for flight following any maintenance. Maintenance that Avant is not capable of performing, or 

covered in these procedures, will be performed by the manufacturers. 

Similar exemptions have been granted to others such as TradeCraft, Exemption 11303, Toledo Aerial 

Media, Exemption 11288, and Skyphilly, Exemption 11256. 
2645 Twin Point Drive, Suite 101-A

 Lewisville, Texas 75056

214.709.5882 ǁ avantuas.com

Appendix A - DJI Phantom Series Operation, Maintenance Materials

 Phantom 2 Vision+ User Manual (EN) v1.8: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manua

l_v1.8_en.pdf.

 Phantom 2 Vision+ Pilot Training Guide (EN) v1.1: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pilot_Trainin

g_Guide_v1.1_en.pdf.

 Smart Flight Battery Safety Guidelines (EN, FR, DE and JP): http://download.djiinnovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_Guidelines.

pdf. 

Appendix B - DJI Inspire Operation, Maintenance Materials 

 Inspire 1 User Manual (EN) v1.0: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf.

 Inspire 1 Safety Guidelines v1.0: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf.

 Intelligent Flight Battery Safety Guidelines v1.0: http://download.djiinnovations.com/downloads/inspire_1/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf.

 Inspire 1 Maintenance Manual v1.0: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf.

Note: Due to many materials linked above exceeding the maximum allowable upload file size on FAA’s 

exemption portal, this information is being provided in the form of direct links on the manufacturers 

website. Please contact Avant if this information needs to be supplied by another means.