February 5, 2015 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, D.C. 20590-0001 

Subject: Petition to the FAA for Section 333 Exemption 

Architecture Demarest, L.P. 

Dear Sir or Madam 

Architecture Demarest, L.P. hereby submits to the Federal Aviation Administration, pursuant to 

the FAA Modernization and Reform Act of 2012, an exemption petition, in accordance with 

section 333 of the Act. Architecture Demarest, L.P. request to operate commercially its small 

unmanned aircraft system (UAS) which is currently regulated by the Federal Aviation 

Administration.

This letter provide requested information as listed in the FAA’s “Public Guidance for 

Petitions for Exemptions Filed under Section 333” as described as of this date at the 

FAA website at 

https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/ 

Architecture Demarest is an architectural firm in the State of Texas. Our UAV pilot has 

experience with proper UAV operation. An extensive pre-flight safety checklist is 

completed and each flight will be logged by the operator. Our exemption request would 

permit operation of an ultra-light weight, unmanned (remote control operated) in tightly 

controlled and limited airspace. More information about our company can be seen on 

the company website at www.architecturedemarest.com. 

Purpose for the Exemption: 

Architecture Demarest, L.P. desired to utilize an unmanned aircraft system (UAS), herein 

described, to accomplish aerial photography of multifamily and commercial facilities. 
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Contact Information: 

Architecture Demarest, L.P. 

2320 Valdina ST, Studio B 

Dallas, TX 75207 

Office: 214-748-665 

Email: djohnson@architecturedemarest.com 

List of Specific Section of 14 CFR for which exemption is sought: 

This listing matched the list on page 7 of the FAA’s “Public Guidance for Petitions Filed under 

Section 333”, Rev. 9/25/2015 

14 CFR 21, Subpart H-Airworthiness Certificates 

14 CFR 61.113(a) and (b), Certification: Pilots, Flight Instructors, and Ground 

Instructors 

14 CFR 91.7 (a), Airworthiness required for operation 

14CFR 91.103(b) (2), Preflight action 

14 CFR 91.105, Flight crewmembers at stations 

14 CFR 91.109, Flight instruction 

14 CFR 91.119 (c), Minimum safe altitudes 

14 CFR 91.121, Altimeter settings 

14 CFR 91.151, Fuel requirements for flights in VFR conditions 

14 CFR 91.405 (a), Maintenance required 

14 CFR 91.407 (a) (1), Operation after maintenance 

14 CFR 91.409 (a) (2), Inspections 

14 CFR 91.417 (a) and (b), Maintenance records 

(FURTHER DETAILS ON PAGES 8-11) 

In accordance with the outline given in the FAA’s “public Guidance for Petitions Filed under 
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Section 333”, the following information is provided for each numbered item listed in that 

guidance: 

1. Aircraft description 

Design and Operational Characteristics: 

• Architecture Demarest, L.P. plans to operate a Phantom 2 comprised of 

an unmanned aircraft and a transportable ground station. This aircraft is a 

quad-copter design with gross weight (battery and propellers included) of 

1000 g (2.205 lbs.). 

• The phantom 2 has a GoPro camera for capturing aerial still photographs 

and videos. 

• It is equipped with four rotors that are driven by battery-powered electric 

motors. 

Maximum airspeed is 30 knots. 

• The Phantom 2 includes a Failsafe Function. It activates if the Remote 

Control is powered off, the Phantom 2 has flown outside effective control 

range, the signal between the Phantom 2 and the Remote Control is blocked, 

or if there is interference causing a signal problem. When activated, the 

Failsafe Function automatically flies the Phantom 2 back to the Home point 

(the start location) and lands it. If GPS mode is not active, The Failsafe 

function will execute a controlled descend and automatic landing. 

• Through the Phantom 2 Assistant software, each flight operation will be 

programmed with a maximum radius distance and maximum altitude from the 

Home Point such that the flight control system will limit operations to within 

the confines of the property to be surveyed for Architecture Demarest Clients. 

These performance limitation requirements are included in the UAS Operating 

Procedure contained in Appendix A herein. 

Manufacture’s Documentation: 

Detailed manufacturer’s design information (current to the date) is contained in the 

following manuals in the appendices at the end of the document: 

 

• Appendix B- Phantom 2 Specifications 

• Appendix C- Phantom 2 Quick Start Guide 

• Appendix D- Phantom 2 User Manual 

• Appendix E- Phantom 2 Pilot Training Guide 

For ease of reference, the Phantom 2 is included in FAA Section 333 Exemption 

No. 

11138 granted on January 5, 2015 to Douglas Trudeau, Realtor®. 

2. Procedure for Ensuring UAS is in a Condition Safe for Flight 
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Preflight Checks: 

 At a minimum, the following items will be checked prior to initiation 

any operations. (See Appendix A in this document for detailed 

procedures, Architecture Demarest Operating Procedures. 

• Operations must be in daylight hours and under visual meteorological 

conditions (VMC). 

• Area to be surveyed is defined on a plot plan drawing with path of flight 

and altitudes for each leg of the flight clearly marked. 

• Flight path is at least 500 ft. from all non-participating persons, vessels, 

vehicles and structures unless protective barriers or structures are 

present, or permission is granted or such operations present no hazard to 

the Pilot in Command, the Visual Observer, trainees, and other essential 

persons. 

• Flight plan and schedule has been reviewed with site leadership and 

communicated to al V and Client personnel in the area. 

• Remote control, smart battery, range extender, and ground station monitor 

are fully charged. 

• Propellers are mounted correctly. 

• Micro-SD card has been inserted. 

• Gimbal if functioning as normal. 

• Compass has been calibrated. 

• Flight radius and altitude limits have been set with the Phantom 2 

assistant software, not to exceed 400 ft. AGL altitude, and radius limited 

to the property boundaries of Architecture Demarest Client site. 

• The Visual Observer (VO) is stationed at the required initial observation 

point according to the flight plan and in view of the Pilot in Command 

(PIC) and has means for continual verbal communication. 

• There are no inoperable components. 

• All site required safety permits are approved in in possession of the PIC. 

• Motors can start and function as normal. 

• Flight Indicator Lights on the aircraft verify that the Home Point is set to 

current location. 

• Record the Preflight Check, date and sign, and file it in the Equipment 

Inspection and Maintenance Record Book. 

3. Radio Frequency (RF) Spectrum for Control 

The Remote Control ground station operation frequency is 5.278-5.85 GHz and in 
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FCC compliant with communication distance in an open area of 800 m (875 yds.) 

Operation Frequency 5.725 GHz-5.85 GHz 

Communication Distance (open area) FCC Compliance: 800m 

Receiver Sensitivity (1%PER) -93dBm 

Transmitter Power FCC Compliance: 100mW 

Working Voltage 120 mA@3.7V 

Built-in LiPo Battery Working Current/Capacity 3.7V, 2000mAh 

4. Qualification for The Pilot in Command (PIC) 

Logged Hours: 

 The PIC will have accumulated and logged a minimum of 25 hours of total 

time as a UAS rotorcraft pilot with a multi-rotor UAS prior to operation, the PIC will 

have also accumulated and logger a minimum of 5 hours as UAS pilot specifically 

operating the Phantom 2, prior to operations. The PIC will have accomplished, during 

dedicated training sessions, 3 take-offs and landings in the preceding 30 days. 

Training, proficiency, and experience-building flight in dedicated training sessions will 

be included in the accumulated and logged hours. 

Emergency and Evasive Maneuvers: 

 The PIC will have demonstrated the ability to safely operate the Phantom 

2 in a manner consistent with how it will be operated in surveying Architecture 

Demarest Client properties, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. The 

logged hours referenced above will document this. 

5. Description of Intended UAS Operations 

• Operations will be restricted to Class G airspace.

• No operations will occur within 5 miles of a non-towered airport reference 

point as denoted on a current FAA-published aeronautical chart, unless a 

letter agreement with the airport’s management is obtained, and the operation 

is conducted in accordance with a Notice to Airman (NOTAM) as required by 

the Certificate of Waiver or Operation (COA) 

• The Phantom 2 will be utilized to survey multifamily and commercial 

facilities. The use of small unmanned aircraft systems provides more 

immediate and through information than is presently available by other 

means. Expense for scaffolding, rental of manned aircraft, rental of 

equipment, and lost time is saved. Safety is improved by reducing fall risk for 

workers and reducing potential for manned aircraft accidents. 

• As described in “2. Procedures for Ensuring UAS is in a Condition Safe for 

Flight”, altitude and distance limits will be entered into the Phantom 2 

Assistant software prior to commencement of flight. This will restrict the 
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operation to Architecture Demarest Client property. The Failsafe Function 

integral with the Phantom 2 will assure this aircraft stays within the area 

deemed safe for operation. 

6. Proposed Speed, Altitude, Visibility and Distances 

Speed: 

The Phantom 2 is capable of a maximum speed of 15m/s (29.2knots). In 

order to conserve power, and thereby maximize flight time, and to assure 

good quality still photographs and video, the Phantom 2 will be operated 

as a slow speed along the flight path, typically 2m/s (3.9knots) or below. 

Higher speeds may be used from time to time when traversing a section of 

the property of no interest and not included in a given study. 

Altitude: 

Altitudes below 400ft. AGL are adequate for the complete range of 

facilities and structures to be surveyed. The integral Flight Control System 

will be set to limit the altitude to always be below that level. 

Distance: 

The integral Flight Control System will be set to limit the redial distance 

from the Home Point (point of flight commencement) such that the 

Phantom 2 will stay within the boundary of the property lines. The PIC will 

operate the equipment to assure those limits are not reached and will 

maneuver the Phantom 2 to follow the preplanned flight path within the 

property boundaries. 

The Phantom 2 will not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud when visibility is less than 3 statute 

miles from the PIC. 

Operation will be aborted immediately if the PIC encounters unpredicted 

obstacles or emergencies. Safe descent and landing procedures will be followed 

in accordance with operating documents 

7. Description of the Area of Intended Operations 

As described in “5. Description of Intended UAS Operation”, the Phantom 2 

operations will be restricted to Architecture Demarest Client property and not 

taken into public areas. Architecture Demarest and Client personnel on the site 

will be made fully aware of the operation prior to commencement of operations. 

8. Proximity of Airports 

Operation will be restricted to Class G airspace. 

No operations will occur within 5 miles of a non-towered airport reference point as 

denoted on a current FAA-published aeronautical chare, unless a letter 
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agreement with the airport’s management is obtained, and the operation is 

conducted in accordance with a Notice to Airman (NOTAM) as required by the 

Certificate of Water or Operation (COA). 

9. Operations within Visual Line-of-sight (VLOS) 

In addition to the PIC, all operations will include a Visual Observer (VO). The VO 

will assure that the Phantom 2 is always within their visual line-of-sight (VLOS), 

as well as the PIC’s, at all times. The VO and the PIC will be able to communicate 

verbally at all times utilizing two-ways radios available at Architecture Demarest 

Client sites. 

10. Procedure for Preflight Safety Assessment 

Prior to each flight, the PIC will inspect the Phantom 2, including the ground 

control station, in accordance with the Preflight Checklist (see”2. Procedure for 

Ensuring UAS Is In a Condition Safe for Flight”). If the Preflight Check indicates 

any unsafe conditions or a non-functioning safety-critical part, the flight will 

commence until the needed maintenance is performed and a satisfactory 

Preflight Check can be completed. All maintenance and alterations performed will 

not be documented and filed in the Equipment Inspection and Maintenance 

Record book. 

11. Notifications 

As required, a Notice to Airmen (NOTAM) will be requested not more than 72 

hours in advance and not less than 48 hours prior to an operation. 

In addition, any notification required by the FAA Flight Standards District Office 

will be made. 

12. Certificate of Waiver or Authorization (COA) 

Prior to conducting any operations, an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Operation (COA) will be obtained for each aircraft. 

Services will start with one aircraft, with additional units added as needs for 

operations increase over time. Each Phantom 2 aircraft will be identified with its 

serial number, registered in accordance with 14 CFR part 45; Subpart C. 

Markings will be as large as practicable. 

Specific Regulations for Which Exemption is Sought:

1. 14 CFR 21, Subpart H-Airworthiness Certificates 

14 CFR 21 covers he certification procedures for products and parts. Subpart H specifies 
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requirement for Airworthiness Certificates for various aircraft types. Small unmanned 

aircraft systems are not specifically called out and addressed in these rules. 

Architecture Demarest will, in lieu of airworthiness certification by aforementioned rule, if 

exemption is granted, ensure that the Phantom 2 system is in compliance with its 

operating documents as described herein. The PIC will assure that all Preflight Checks 

are completed and documented and the Phantom 2 is in full compliance with all 

manufactures’ operation and maintenance documents. 

2. 14 CFR 61.113(a), Airworthiness required for operation 

14 CFR 61.113(a) and (b) prohibit private pilots from fulfilling the role of PIC if the aircraft 

is carrying property for compensation, unless the flight is only identical to that business or 

employment. 

Architecture Demarest believes that due to the size, weight, speed, and limited operating 

area associated with Architecture Demarest proposed Phantom 2 operations, a PIC 

possessing the aforementioned training and logged hours, would ensure safety and 

prevent creating any hazard to users of the National Airspace Systems (NAS) or the 

public. We therefore request an exemption from these parts of 14 CFR. 

3. 14 CFR 91.7(a), Airworthiness required for operation 

If the exemption from 14 CFR 21, Subpart H (item 1 above) is granted, no airworthiness 

certificate will be required. On this basis, exemption from 14 CFR 91.7 (a) is requested, 

presuming that airworthy condition by definition in the rule means having an 

airworthiness certificate. Architecture Demarest will, in lieu of airworthiness certification 

by 14 CFR 21, ensure that the Phantom 2 system is in compliance with its operating 

documents as described herein. The PIC will assure that all Preflight Checks are 

completed and documented and exclude full compliance with all manufacturer’s 

operation and maintenance documents. 

4. 14 CFR 91.103 (b) (2), Preflight action 

14 CFR 91.103 (b) (2) specifies that the PIC be familiar with aircraft performance under 

expected values of airport elevation and runway slope, aircraft gross weight, and wind 

and temperature. 

 

Since the Phantom 2 will not be operating out of airports this rule is not 

applicable. On this basis and on the basis that the operating documents cover 

requirements for operation safety, an exemption from this rule is requested. 

5. 14 CFR 91.105, Flight crewmembers at stations 
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This part requires certain action by onboard crewmembers. Since the Phantom 2 

is unmanned, an exemption from this rule is requested. 

6. 14 CFR 91.109, Flight instruction 

14 CFR 91.109 describes requirements for flight instruction and required that the 

aircraft used for flight instruction have fully functioning dual controls. The details 

pertain to manned airplanes and are not applicable to a small unmanned aircraft 

system such as the Phantom 2. Flight training will be required for the Phantom 2 

pilot as detailed on page 5 herein “4 Qualifications for the Pilot in Command 

(PIC).” Compliance with these training requirements with logged hours assures 

that the required competency for safely operating the Phantom 2 will be 

maintained. On this basis an exemption from this rule is requested. 

7. 14 CFR 91.119(c), Minimum safe altitudes 

14 CFR 91.119(c) requires that no operation is permitted below 500 feet above 

the surface, except over open water and sparsely populated areas. The 

proposed use of the Phantom 2 is specifically for altitudes that range from the 

surface to maximum 400 feet AGL. On the basis of the aforementioned safety 

procedures, we believe there will be no increased hazard to users of the National 

Airspace system (NAS) or the public will be created by the Phantom 2 as 

detailed here. 

8. 14 CFR 91.121, Altimeter settings 

14 CFR 91.121 provides specific rules for altimeter setting for cruising altitude 

and flight level of aircraft and speaks of altimeter stations along the route and the 

elevation of the departure airport. In lieu of these specific requirements, most 

suitable for manned airplanes, the Phantom 2 has barometric altimeter and GPS 

derived altitude limitations. All altitudes reported to Air traffic Control (ATC) will 

be in feet above ground level (AGL). On this basis, an exemption from this rule is 

requested. 

9. 14 CFR 91.151, Fuel requirements for flights in VFR conditions 

14 CFR 91.151(a) requires that no person may begin a flight under Visual flight 

Rule (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 Phantom 2 has a builtin Low battery Level Warning Function: 

1) If the smart battery is depleted to the point that may affect the safe return 
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of the aircraft, the low battery level warning notifies the PIC to take action. 

2) The thresholds for these warnings are automatically determined based on 

the current aircraft altitude and its distance from Home Point. 

3) A color coded battery level warning activates, the aircraft will gradually 

descend and land automatically. 

As standard operating procedure, the PIC will immediately return the Phantom 2 

to the Home Point for a battery swap when the battery level reaches 25%. 

On the basis of these specific safety features of battery power level monitoring, 

and operating procedures, an exemption from this rule is requested. 

10. 14 CFR 91.405(a), Maintenance required 

Please see exemption request explanation in item 13 below (14 CFR 

91.417). 

11. 14 CFR 91.407(a) (1), Operation after maintenance 

Please see exemption request explanation in item 13 below (14 CFR 

91.417). 

12. 14 CFR 91.409 (a) (2), Inspections 

Please see exemption request explanation in item 13 below (14 CFR 

91.417). 

13. 14 CFR 91.417 (a) and (b), Maintenance records 

Parts 91.405 (a0, 91.407 (a) (1), 91.409 (a) and (b), contain requirements 

for maintenance of larger aircraft. In lieu of adapting these rules for the 

Phantom, Architecture Demarest is requiring an exemption on the basis 

that it will inspect the Phantom 2 and ensures that it is in a condition for 

safe flight prior to beginning any operation. We propose that adherence to 

the operating documents describing the requirements for maintenance, 

inspection, and recordkeeping, are sufficient to ensure that safety is not 

adversely affected. 

PUBLIC BENEFIT 

Granting this Section 333 Exemption would benefit the public in the 

following ways: 

• Public safety: Common practice for multifamily/commercial facility 

construction projects and periodic site-wide multifamily/commercial 

facility visual assessment involves utilization of manned aircraft. 

The potential risk and property is order of magnitudes less for use 
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of a small unmanned aircraft system as compared to conventional 

aerial photography by manned fixed wing aircraft. 

• In order to accomplish inspections of difficult to access areas at 

high elevations requires either erection of scaffolding or lifting 

personnel by crane in protective enclosures to view the subject of 

interest. Fall protection gear and compliance with OSHA rules 

governing such work is crucial for life safety. The ultimate 

protection, however, would be to not involve personnel in such 

activity and instead complete this work with an unmanned aircraft 

system. 

• Energy Savings and Environmental Protection: Reduction of 

frequency of manned aircraft used to do aerial photography and 

surveys for construction sites results in burning less fuel thereby 

energy and reducing emissions of combustion gases. 

REASONS SAFETY NOT ADVERSELY AFFECTED AND IS AT LEAST 

EQUIVALENT TO EXISTING RULE 

The key features of the proposed Phantom 2 unmanned aircraft system that 

assure that safety to the public and safety of the National Airspace (NAS) is not 

adversely affected are the following: 

• Credentials and training for the Pilot in Command (PIC), along with 

detailed operating procedures, assure that the level of competency 

required for successful and safe flight operations is achieved. 

• The build-in Flight Control System, which includes a Failsafe Function, 

assures immediate return to the Home Point and safe landing under 

failure scenarios, thereby preventing injury or damage. 

• Visual Line-of-Sight (VLOS) operation provided by the PIC and the Visual 

Observer (VO), and their ability to communicate verbally at all times, 

assures full operational control. 

• Detailed operations and maintenance procedures, including a Preflight 

Checklist, provide assurance of mechanical integrity and full functioning of 

Phantom 2 unmanned aircraft system prior to commencement of any 

operation. 

SUMMARY FOR PUBLICATION IN FEDERAL REGISTER 

Petition for Exemption 

Docket No.: FAA-2015-xxxx 

 Petitioner: Architecture Demarest, L.P. 

Section of 14 CFR 21 Subpart H, 61.113(a) and (b), 91.7 (a), 91.103(b) (2), 

91.105, 91.109, 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a) (1), 

91.409(a)(2), 91.417(a) and (b). 
Petition 

February 5, 2015 

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Description of relief Sought: The petitioner is seeking an exemption to utilize an 

unmanned aircraft system (UAS) to accomplish aerial photography, surveys and 

assessments of industrial and commercial facilities. 

Respectfully Submitted, 

Daleth Johnson 

Construction Administration 

Architecture Demarest