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January 31, 2015

ZuWerks, Inc.

Dale Lauterback

PO Box 4736

Glendale, CA 91222

(Office) 818-330-1300

(Fax) 818-330-1298

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

Subject: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, ZuWerks Inc., 

hereafter referred to as "Petitioner", would like to apply for an exemption from the following Code of Federal 

Regulations (C.F.R) to be allowed commercial operation of lightweight Unmanned Aircraft Systems (UAS) for aerial 

imaging and video in the Los Angeles Area.

Petitioner current operation of UAS’s for commercial purposes has been halted to comply with recently enacted federal 

aviation regulations pertaining to s UAS’s.

14 CFR 21; 14 CFR 91, et seq.; 14 CFR 45.23 (b); 14 CPR 61.113 (a) & (b); 14 CPR 407 (a)(1); 14 CPR 409 (a)(2); 

14 CPR 417 (a) & (b). 14 CPR 45.23(b); 14 CPR Part 21; 14CFR61.113(a)&(b); 91.7 (a); 91.9 (b) (2); 91.103(b); 

91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).
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Public Good

Aerial photography/videography for geographical awareness and for real estate marketing and inspections has been 

around for a long time through manned fixed wing aircraft and helicopters. But for small business owners, its 

expense has been cost-prohibitive. Granting this exemption would allow the Petitioner to provide this service at a

much lower cost. Further, the small UAS’s being utilized in this application will pose no threat to the public given its 

small size and lack of combustible fuel when compared to larger manned aircraft. The operation of the UAS’s will 

minimize ecological damage and promote economic growth by providing information to businesses & individuals in

the Los Angeles Area.

Petitioner has experience in flying both the DJI Phantom, DJI S800 EVO, DJI Inspire 1 and other aircraft for 

recreational purposes as well as the use of Flight Training software during the past 25 years without incident. 

Petitioner will abide by all FAA requirements to ensure this exemption will provide a level of safety at least equal to 

existing rules and will only operate in a safe environment that is strictly controlled. My exemption request would 

permit operation of ultra-light weight, unmanned (piloted by remote control) in predetermined areas away from 

general public, airports, heliports and vehicular traffic, under 400 feet AGL, during daylight hours and after carefully 

reviewing, inspecting and examining the area of aerial observation. Petitioner will conduct extensive preflight 

inspections and protocols, during which safety carries primary importance. This would allow for videos and photos 

within property boundaries for individual homeowner real estate listings.

.

1

Appendix A – UAS Details and Capabilities

2

Appendix B – Sample Battery Log Form

3

Appendix C – Sample Flight Log Form

4

Appendix D – Sample Flight Plan

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Appendix E – Sample Maintenance Log Form

6

Appendix F – ZuQuad Pre Flight Checklist 7

Appendix G – ZuHex Pre Flight Checklist

8

Appendix H – Sample Flight Notification/Release Form

9

Appendix I – Flight Safety

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates

14 C.P.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 UAS’s, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and §333 of the Reform Act. The Federal Aviation Act ( 49 U.S.C.§44701 (f)) and §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’s to be operated by Petitioner are less than 11kg. with maximal payload consisting of remote
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sensing instrumentation, carries neither no persons, carries no explosive or flammable materials including

combustible fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under

this exemption will be tightly controlled and monitored by both the pilot (PIC), the Spotter role is designated to act as 

both the remote sensing controller and secondary monitor for safety issues. These enhancements to current safety 

practices and regulations, which already apply to civil aircraft, provide a greater degree of safety to the public and 

property owners than conventional aircraft operations conducted with airworthiness certificates issued under 14 

C.P.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no intrinsic 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.P.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. Petitioner understands the need for markings and will mark our UAS’s in 

the largest possible lettering by placing the word “Experimental” or assigned number or name (based on a request or 

ruling by the FAA ) on its fuselage as required by §45.29(f) so that anyone assisting the spotter will see the markings. 

Further markings include the use of flashing green & red LED illumination on the underside of the UAS frame which 

adds contrast against a blue or white sky.

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

§61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring a 

ground crew member to have a private pilot's license rather than a commercial pilot's license to operate this UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no persons 

on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. 

The risks associated with the operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations as requested with a private 

pilot in the ground crew exceeds the present level of safety achieved by 14 C.P.R. §61.113 (a) & (b). Petitioner has

25 years’ experience flying numerous practice flights in remote areas as a hobbyist simulating flights to gain 

familiarization with the characteristics of these UAS’s performance under different temperature and weather 

conditions. Petitioner also owns and practice on a computerized simulated flight software to maintain adequate skills 

and response reflex time.

14 C.P.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 and the

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, a

subset of which are provided in enclosed Supplemental material, an equivalent level of safety will be provided.
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5

Appendix E – Sample Maintenance Log Form

9

Appendix I – Flight Safety

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

§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 to carry a physical flight manual 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. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

14 C.P.R. §91.1 03: Preflight Action

This regulation requires each Pilot in Command (PIC) 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 including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. Further, we have proprietary manuals created with the help of the 

manufacturer, the regional UAS vendor and continue to work with these organizations to ensure best safe practices 

are adhered to.

If granted an exemption the Petitioner agrees to additional safety procedures including, but not limited to:

• Keeping our UAS’s within a radius distance of 1000 feet from the controller to both aid in direct line of sight 

visual observation.

• Operate the UAS’s for 6-10 minutes per flight; land our UAS’s according to the manufacturer’s recommended 

minimum level of battery power.

• Operate our UAS’s only within visual line of sight (VLOS) with the assistance of a spotter.

• Use the UAS’s global positioning system(GPS) flight safety feature; it hovers and then slowly lands if 

communication with the remote control. 

• Conduct all operations under our flight safety protocols.

• We will log each flight and battery use to and actively analyze flight data and other sources of information to 

constantly update and enhance my safety protocols.

• Contact respective airports if operations will be within 5 miles to advise them of the estimated flight time, 

flight duration, elevation of flight and other pertinent information.

• Always obtain all necessary permissions prior to operation.

• Have procedures in place to abort flights in the event of safety breaches or potential danger.

DJI has implemented Firmware updates that limit flight around airports, along with distance and elevation limits.

1

Appendix A – UAS Details and Capabilities

2

Appendix B – Sample Battery Log Form

3

Appendix C – Sample Flight Log Form
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4

Appendix D – Sample Flight Plan

5

Appendix E – Sample Maintenance Log Form

6

Appendix F – ZuQuad Pre Flight Checklist

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Appendix G – ZuHex Pre Flight Checklist

8

Appendix H – Sample Flight Notification/Release Form

9

Appendix I – Flight Safety

14 C.P.R. §91.109: Flight Instruction

§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’s 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. 

See Exemption Nos.5778K & 9862A. 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. Enhancing this safety is the 

technology inherent in the remote controls utilizing digital communications which is paired to the UAS making it 

nearly impossible to unintentionally or intentionally have the control communications interrupted.

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

§91.119 establishes safe altitudes for operation of civil aircraft. §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 closely mimics the

behavior of a helicopter, and the exemption requests authority to operate at altitudes up to 400 feet AGL, an

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

than 400 feet AGL or beyond unaided visual line of sight, whichever is closer. It will however be operated in a

restricted area with individuals tasked with ensuring public safety, and where buildings and people will not be 

exposed to operations without their pre-obtained consent and training.

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 operation will be taken without the permission of the property owner. Because of 

the advance notice to the property owner and participants in the remote sensing activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with aircraft or rotor craft weighting

far more than the maximum 11 kg of Petitioner's UAS’s 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 small- UAS operations and the operations of conventional aircraft that must comply with §91.119.

DJI has implemented Firmware updates that limit flight around airports, along with distance and elevation limits.

4

Appendix D – Sample Flight Plan

8

Appendix H – Sample Flight Notification/Release Form

9

Appendix I – Flight Safety
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14 C.P.R. §91.121 Altimeter Settings

§91.121 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, confirming the

altitude of the launch site shown on the GPS altitude indicator before flight. The in Command (PIC) will also

ensure effective pairing with multiple GPS sources to guarantee accurate detection of height.

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

§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’s provide approximately

12-15 minutes of powered flight in hover mode without payload. Petitioner's UAS’s will not be able to meet the 30 

minute reserve requirement in 14 CPR §91.151. Operating the small UAS’s, 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 power, 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’s. Petitioner believes that an equivalent level of safety can be achieved by 

limiting flights to 6-10 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. Similar 

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

6

Appendix F – ZuQuad Pre Flight Checklist

7

Appendix G – ZuHex Pre Flight Checklist

9

Appendix I – Flight Safety

14 C.F.R. §91.203 (a) & (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’s fully loaded weigh no more than 11kg and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on the UAS’s. 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’s. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption 

Nos. 9565, 9665, 9789, 9789A, 9797, 9797 A, 9816A, and 10700.

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 
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certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual. An equivalent level of safety will be achieved because these small UAS’s are very limited in size 

and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The Petitioner 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 Petitioner is most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

2

Appendix B – Sample Battery Log Form

5

Appendix E – Sample Maintenance Log Form

Summary

The Petitioner believes that exemption from the above listed Title 14 CFRs is warranted given the nature of the type 

of UAS flights that will be undertaken, the size & weight of the UAS being deployed, the safety precautions to the 

general public and the NAS the Petitioner intends to adhere to, the positive environmental impact the flight 

operations would have compared to manned fuel consuming missions and the economic benefit the Petitioner's 

business would have in this new area of aviation.

Thank you for your review of this matter. 

Dale Lauterback

ZuWerks, Inc.

President