P.O. Box 1424, Wilmington, Delaware 19899 ● (302)632-5540 ● VC@data-deploy.com

January 06, 2016

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Ave., S.W.

Washington, D.C. 20591

Re: Petition of Data Deploy, LLC, for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 11, Data Deploy, LLC hereby applies for an exemption (the “Petition”) 

from the Federal Aviation Regulations identified below, to allow commercial operation of 

Unmanned Aircraft System (i.e., "UAS") for conducting aerial video and photography, 

inspection and surveys of construction sites, real property, including structures and facilities as 

part of exterior asset evaluations, special events and film sets.

This petition is made based on information outlined in this Petition, as well as the 

accompanying Data Deploy, LLC UAS Flight Operation Manual (hereinafter "Data Deploy, 

LLC Flight Operation Manual"), Phantom Pilot Training Guide, Phantom 3 Quick Start Guide, 

Inspire 1 User Manual v1.0, Inspire 1 Safety Guidelines, 1345 Propeller Locks Quick Start 

Guide, Intelligent Flight Battery Safety Guidelines v1.4 (collectively referred to as 

"Manufacturer Manuals"). A copy of the Data Deploy, LLC Flight Operation Manual and other 

supporting materials. 

Sincerely.

Vaughn Courtney

Data Deploy, LLC
TABLE OF CONTENTS

1. Glossary of Abbreviations

2. Description of Petitioner

3. Description of Proposed Operations

A. Data Deploy, LLC’s Impacts

4. Relevant Statutory Authority

5. Data Deploy, LLC’s Proposed UAS Operations Meet the Requirements of Section 333 of 

the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational

Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manual

6. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.20

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

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

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

F. 14 C.F.R. § 91.103: Preflight Action

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

H. 14 C.F.R. § 91.121: Altimeter Settings

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

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges 

and Limitations

7. Privacy

8. Public Interest

9. Conclusion
1. GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
2. DESCRIPTION OF PETITIONER.

Data Deploy, LLC is a consulting firm with experience in providing progressive 

technology integration detailing infrastructure inspections, environmental inspections, surveys, 

mapping, aerial photography, and videography. Data Deploy, LLC provides its clients with the 

highest quality digital content for use in its consulting activities.

3. DESCRIPTION OF PROPOSED OPERATIONS.

Data Deploy, LLC is seeking exemption pursuant to Section 333 of the Reform Act to 

use small UAS’s weighing less than 6.7 pounds for conducting aerial data collecting surveys. All 

UAS operations will occur under controlled conditions. The proposed UAS operations will be 

conducted in accordance with the conditions and limitations of this Petition for Exemption and 

Data Deploy, LLC’s Flight Operation Manual. As detailed in the Data Deploy, LLC Flight 

Operation Manual, the proposed UAS operations will be limited to daytime VFR conditions in 

uncontrolled airspace, and will occur at least 5 miles away from an airport as detailed in the 

Manufacturer’s Manuals. In addition, Data Deploy, LLC’s Flight Operation Manual incorporates 

redundant safeguards to assure that the aircraft does not travel outside the controlled area of UAS 

operations, including, but not limited to, GPS geo-fencing technologies. The geo-fencing 

technology will be used to restrict which geographic locations UAS operates within. All Data 

Deploy, LLC UAS operation will utilize geo-fencing technology to set UAS limits of travel to a 

controlled area encompassing the asset, facility, or content that is under assessment.

Data Deploy, LLC will utilize the following UAS’s for conducting aerial inspections and 

surveys during its flight operations (for compensation or hire within NAS):

• DJI Phantom 3. The DJI Phantom 3 is comprised of a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control 

Station (GCS). The DJI Phantom 3 UA has a maximum gross weight of 

approximately 2.8 pounds, while having a diagonal distance (motor to motor) of 

approximately 24 inches, and maximum speed of 35 mph (approximately 31 

knots). The DJI Phantom 3 is equipped with four propellers, each being driven by 

a Lithium Polymer battery powered electric motor.

• DJI Inspire 1. The DJI Inspire 1 UAS is comprised of a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control 

Station (GCS). The DJI Inspire 1 UA has a maximum gross weight of 

approximately 6.7 pounds, while having a diameter of 23 inches, and maximum 

speed of 49 mph (approximately 42 knots). The DJI Inspire 1 UA is equipped 

with four propellers, each being driven by a Lithium Polymer battery powered 

electric motor.
A. Data Deploy, LLC’s Impacts

 Aerial Data collection- Data Deploy, LLC will leverage UAS for data collection 

that require any remote sensing and measuring by an instrument(s) aboard the 

UA. Examples include imagery (photography, video, infrared, etc.), electronic 

measurement (precision surveying, RF analysis, etc.), chemical measurement 

(particulate measurement, etc.), or any other gathering of data by instruments 

aboard the UA.

 Data collected will be used to impact decision making in mostly, but not limited 

to Agriculture, Forestry, Environmental, Real Estate, Surveying and Marketing

industries.

4. RELEVANT STATUTORY AUTHORITY.

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the 

Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 

National Air Space ("NAS") where it is safe to do so based on the following considerations:

• The UAS size, weight, speed, and operation capability;

• Operation of UAS in close proximity to airports and populated areas; and 

Operation of UAS within the visual line of sight of the operator.

In addition, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 

44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption, (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions 

for exemption).

5. PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333.

The small UAS operations proposed by Data Deploy, LLC in this Petition for Exemption 

qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory 

criteria and relevant factors are satisfied.

• Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

Data Deploy, LLC will employ the DJI Phantom 3 quadcopter for the operations specified 

in this Petition for Exemption. This is the same UAS model approved for use in the FAA's Grant 
of Exemption to Douglas Trudeau, Docket No. FAA-2014-0481. This UAS has a maximum takeoff 

weight of less than 3 pounds. The flight speed will not exceed 30 knots, and it will not be flown in 

controlled airspace or at an altitude that exceeds 400 feet AGL without prior written authorization 

and approval from the FAA. All flights will be flown in such a way that they can be safely 

terminated once the operator receives the first low battery warning (approximately 30% of the 

battery's maximum charge). The DJI Phantom 3 does not carry any flammable propellant or fuel. 

The UAS also has an integrated GPS system that calculates the UAS's position and height and 

relays that information via a secure connection to the operator. Additionally, as acknowledged by 

the FAA in its prior grant of exemption to Douglas Trudeau, the DJI Phantom "Has the capability 

to operate safely after experiencing certain in-flight contingencies or failures and uses an auto-pilot 

system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or 

a lost- link event with pre-coordinated automated flight maneuvers."

• Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Flight Operations Manual

The Data Deploy, LLC Flight Operations Manual and the Manufacturer's Manuals for the 

selected UAS will contain all the procedures and limitations necessary to safely and successfully 

perform the operations specified in this Petition for Exemption. To assist the FAA in making a 

safety assessment of Data Deploy, LLC’s proposed operations, below is a summary of operational 

limitations and conditions that will ensure an equivalent or higher level of safety to operations 

conducted under current regulatory guidelines:

1. The DJI Phantom 3 weighs less than 3 pounds, fully loaded.

2. The DJI Inspire 1 weights less than 7 pounds, fully loaded.

3. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements.

4. Minimum crew for each operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the UAS, and one or more Visual Observers ("Observer") as 

necessary to safely conduct the mission.

5. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and 

Observer at all times. The PIC will use human vision unaided by any device other 

than corrective lenses.

6. The UAS shall be operated during daylight only. Operations shall occur during 

daytime VFR Meteorological Conditions; flights under special visual flight rules 

("SVFR") shall not be conducted. UAS operations under Instrument Flight Rules, 

at night, or beyond VLOS are prohibited.

7. The Observer designated for any operation will be in constant voice contact with 

the PIC.

8. The additional requirements identified in the exemption grant shall be added to 

Data Deploy, LLC’s Flight Operations Manual. The Flight Operations Manual 
will be maintained and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations in the granted 

exemptions and the Data Deploy, LLC Flight Operations Manual, the conditions 

and limitations in the granted exemptions will incorporated into the Flight 

Operations Manual.

9. The UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins.

10. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 14 C.F.R part 47, and have identification 

markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable.

11. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a 

condition safe for flight. The PIC shall not operate the UAS if the inspection 

reveals a condition that affects the safe operation of the UAS until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. All maintenance and alternations must be properly documented in the 

UAS records.

12. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics must undergo a functional test flight in 

accordance with Data Deploy, LLC’s Flight Operations Manuals. The PIC who 

conducts the functional test flight must make an entry in the UAS aircraft records 

of the flight.

13. Prior to the operation, there will be a Flight Plan setting forth the operational 

limitations and conditions for the flight operations, as well as key personnel 

contact information and a description of any potential hazards on or in the vicinity 

of the survey site.

14. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising speed 

to the intended landing point and land the UAV once the low battery warning is 

received (approximately 30% of the battery's maximum charge).

15. The UAV shall remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

16. The UAS will not be operated by the PIC from any moving device or vehicle.

17. Flights will be operated at an altitude of no more than 400 feet AGL and will 

never enter navigable controlled airspace.
18. Flights will be operated at a lateral distance of at least 200 feet from any 

nonparticipating persons, unless that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from UAS failure.

19. At no time will the UAS be operated so close to persons or objects to present an 

undue hazard to the PIC or Observer, pursuant to § 91.119(a).

20. UAS operations will occur at least 200 feet away from non-participating vehicles 

or structures unless the property owner/controller has granted permission, and the 

PIC has made a safety assessment of the risk of operating closer to those objects. 

At no time will the UAS be operated so close to structures or vehicles as to 

present an undue hazard to the PIC or Observer, per § 91.119(a).

21. Flights will be limited to a speed of 30 knots and vertical ascent / decent will be 

limited to 15 fps.

22. If the UAS loses communication with the PIC, the UAS has the capability to 

return to a pre-determined location within the operational area and land safely.

23. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

24. The UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. The PIC will abort the flight in the event of unpredicted 

obstacles or emergencies in accordance with the Data Deploy, LLC’s Flight 

Operations Manuals.

6. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

40101 of the Act, including UAS’s, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.

Data Deploy, LLC seeks an exemption from several interrelated provisions of Title 14 of 

the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting 

the requested operations using a UAS. Listed below are the specific sections of 14 C.F.R for which 

exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.20

The FAA has stated that no exemption is needed from this section if a finding is made under 

the Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met, and therefore no exemption 

is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-20140352 at 13-14, 22. 

If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to 

meet the requirements of the Reform Act, an exemption is requested.
B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification 

of normal category rotorcraft. To the extent that Data Deploy, LLC’s small UAS’s would otherwise 

require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H, supra.

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Data Deploy, LLC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required 

for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found 

inapplicable. See Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests that 

the requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

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

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Data Deploy, LLC seeks exemption from 14 C.F.R. § 91.9(b)(2). Given the small size and 

configuration of the UAS, it would be impossible to keep airworthiness documents and other 

aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or 

cockpit.

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

Data Deploy, LLC seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with Part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or lightsport 

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.

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by 

§ 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." FAA 

Docket No. FAA-2014-0352.
F. 14 C.F.R. § 91.103: Preflight Action

Data Deploy, LLC seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

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

Data Deploy, LLC seeks an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated "without hazard 

to persons or property on the surface," provided that "each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will occur below 400 feet 

AGL. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may 

need to be less than 500 feet away from the UAS.

H. 14 C.F.R. § 91.121: Altimeter Settings

Data Deploy, LLC seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is 

set to the elevation of the departure airport or barometric pressure. An exemption is required to the 

extent that the UAS’s do not have a barometric altimeter, but rather GPS altitude display.

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

Data Deploy, LLC seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. The technological limitations on UAS battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30-minute battery reserve. 

An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Additional 

information: Individual Data Deploy, LLC Flight operations will be limited 15 minutes or less.

J. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

Data Deploy, LLC seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, 

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections 

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these 

regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness 

certificate, which the UAS to be operated under this grant of exemption will not have.
 K. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot

Privileges and Limitations

61.113: subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

Data Deploy, LLC seeks exemption from 14 CFR § 61.113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In this case, while the UAS’s will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of 

Exemption to Astraeus Aerial17, the FAA determined that the unique characteristics of UAS 

operation outside of controlled airspace did not warrant the addition cost and restrictions attendant 

with requiring a PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The 

fulfillment of the additional requirements for a private pilot to become qualified as a commercial 

pilot would not lead to any additional safety benefits when UAS operations are involved. 

Furthermore, while helpful, a pilot license will not ensure remote control piloting skills. The risks 

associated with the operation of small UAS is far less than the risks associated with the commercial 

activities outlined in 14 CFR § 61.113 (a) & (b).

7. PRIVACY.

All Data Deploy, LLC UAS operations will be conducted in accordance with applicable 

federal, state, or local laws regarding privacy. All operations shall be conducted over private or 

controlled-access property with permission from the land/Asset owner/controller or authorized 

representative. Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. Notification of inspection activities (including UAS 

operations) will be delivered via land/Asset owner/controller or authorized representative a 

minimum of 24 hours prior to inspection day/UAS operations.

8. PUBLIC INTEREST.

The public interest will be served by granting Data Deploy, LLC’s Petition for 

Exemption. Congress has established a national policy that favors early integration of UAS into 

the NAS in controlled, safe working environments such as those proposed in this Petition. 

Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) 
through (c) of the Reform Act—the FAA Administrator's assessment of whether certain UAS 

may operate safely in the NAS before completion of the statutorily required rulemaking. The 

proposed UAS operations in this Petition for Exemption significantly improve safety and reduce 

risk by alleviating the public's exposure to danger associated with traditional aerial survey and 

inspection methods, namely, full size fixed-wing aircraft and rotorcraft as well as the use of 

inherently dangerous equipment use such as scaffolding and aerial work platforms. The UAS’s 

that Data Deploy, LLC intends to use weight less than 3 pounds (DJI Phantom 3) and less than 7 

pounds (DJI Inspire 1), are battery powered, and create no emissions. Moreover, in the unlikely 

event that one of Petitioner's UAS’s crash, there is no fuel to ignite and explode. Any accident 

involving Petitioner's lightweight UAS’s will present significantly less danger to the pilot and 

other individuals on the ground than one involving a full size aircraft or significantly larger 

UAS. Furthermore, Data Deploy, LLC’s UAS’s will be capable of documenting conditions that 

may have been otherwise inaccessible using traditional inspection and survey methods. UASassisted aerial data collection will also reduce the risk of harm to inspecting engineers and 

consultants by not exposing them to hazards associated with inspection of dangerous or unsafe 

physical conditions often present at assets and structures that have been damaged.

9. SUMMARY AND CONCLUSION.

Data Deploy, LLC seeks exemption from the following rules in Title 14 of the Code of 

Federal

Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 

C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. 

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R.

§ 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2);

and, 14 C.P.R. §§ 91.417 (a) & (b) to commercially operate lightweight unmanned UAS during 

Aerial data collection and Asset condition assessments.

Granting Data Deploy, LLC request for exemption will reduce current risk levels and 

thereby enhance safety. UAS technologies applied to aerial data collection services will provide 

higher level of efficiency and safer services for our clients. Aerial data collection for asset

condition assessments performed by Data Deploy, LLC often involve the physical inspection of 

outdoor structures and facilities for the assessment of current element condition, damage, defects 

and accidents. Obtaining images of certain physical features may not be feasible due to 

dangerous conditions, limited access on the structure or the excessive height of the required 

viewing angle.

The use of UAS-assisted photography will provide a practical means to perform aerial 

data collection for asset condition assessments that would be otherwise unsafe to the employees 

of Data Deploy, LLC and the general public. UAS-assisted photography also offers a safer and 

more efficient means to perform Aerial data collection and Asset condition assessments. The use 

of this technology will better serve clients and improve public safety.
Data Deploy, LLC respectfully requests that the FAA grant its exemption request without 

delay. The FAA has the authority to issue the exemption sought by Data Deploy, LLC pursuant 

to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act”).

Respectfully submitted,

Vaughn Courtney

Data Deploy, LLC

1407 Gilpin Ave Apt. 3

Wilmington, DE 19806

(302) 632-5540

The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b).

Attachments:

1. Data Deploy, LLC

a. Data Deploy, LLC Flight Operations Manual (2015-1001)

2. DJI Phantom 3:

a. Phantom 3 User Manual v1.2

b. Phantom 3 Quick Start Guide v.1.0

c. Phantom 3 Intelligent Flight Battery Safety Guidelines v.1.0

d. Phantom 3 Safety Guidelines v1.2

3. DJI Inspire 1:

a. Inspire 1 Quick Start Guide v.1.4

b. Inspire 1 User Manual v.1.4

c. Inspire 1 Safety Guidelines v1.0

d. Intelligent Flight Battery Safety Guidelines v.1.4

e. Inspire 1 1345s Quick-Release Propellers Quick Start Guide

f. Inspire 1 Maintenance Manual v.1.0
Data Deploy, LLC Flight Operations Manual (2015-1001)

1. GENERAL PROTOCOL:

a. Review and consult the UAS manufacturers manuals:

i. 1.1.1. DJI Phantom 3:

1) Phantom 3 User Manual v1.2

2) Phantom 3 Quick Start Guide v.1.0

3) Phantom 3 Intelligent Flight Battery Safety Guidelines v.1.0

4) Phantom 3 Safety Guidelines v1.2

ii. DJI Inspire 1:

1) Inspire 1 Quick Start Guide v.1.4

2) Inspire 1 User Manual v.1.4

3) Inspire 1 Safety Guidelines v1.0

4) Intelligent Flight Battery Safety Guidelines v.1.4

5) Inspire 1 1345s Quick-Release Propellers Quick Start Guide

6) Inspire 1 Maintenance Manual v.1.0

b. Minimum crew for each operation shall consist of a pilot, who will be Pilot in 

Command ("PIC") of the UAS, and one or more Visual Observers ("VO") as 

necessary to safely conduct the mission.

c. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and 

VO at all times. The PIC will use human vision unaided by any device other than 

corrective lenses.

d. The UAS shall be operated during daylight only. Operations shall occur during 

daytime VFR Meteorological Conditions; flights under special visual flight rules 

("SVFR") shall not be conducted. UAS operations under Instrument Flight Rules, 

at night, or beyond VLOS are prohibited

e. The Observer designated for any operation will be in constant voice contact with 

the PIC

f. Prior to operation, PIC and VO are to prepare a Flight Plan setting forth the 

operational limitations and conditions for the flight operations and a description 

of any potential hazards on or in the vicinity of the survey site
g. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UAV once the low battery 

warning is received (approximately 30% of the battery's maximum charge) h.

The UAV shall remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.)

i. The UAS shall not be operated by the PIC from any moving device or

vehicle

j. Flights will be operated at an altitude of no more than 400 feet AGL and will 

never enter navigable controlled airspace

k. Flights will be operated at a lateral distance of at least 200 feet from any 

nonparticipating persons, unless that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from UAS

failure

l. Warning signage shall be placed within 150 feet of UAV operations.

m. At no time shall the UAS be operated so close to persons or objects to present an 

undue hazard to the PIC or Observer

n. UAS operations shall occur at least 200 feet away from non-participating vehicles 

or structures unless the property owner/controller has granted permission, and the 

PIC has made a safety assessment of the risk of operating closer to those objects. 

At no time shall the UAS be operated so close to structures or vehicles as to 

present an undue hazard to the PIC or Observer

o. Flights shall be limited to a speed of 30 knots and vertical ascent / decent will be 

limited to 15 fps

p. Contingency plan must be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer

q. The PIC shall abort flight in the case of unpredicted obstacles or emergencies.

Refer to section four below

2. PRE-FLIGHT PROTOCOL:

a. Review local weather forecast

b. Inspect surroundings

i. Visually review the flight location and surroundings

ii. Identify potential risks and challenges

1) Vicinity of public safety helipads/heliports

2) Vicinity of medical helipads/heliports
3) Vicinity of airport(s)

4) Vicinity of light poles

5) Vicinity of utility poles/towers/lines

6) Vicinity of trees

7) Vicinity of elevated obstructions

8) Vicinity of roadways with moderate to heavy traffic

9) Flocks of birds that may cause interference and potentially impact

flight

10) Public gatherings that may attract viewer

11) Identify optimal point of control to maintain direct line of sight at 

all times

12) Identify optimal point of home position and launch/land location 

iii. Place warning signage in appropriate locations

1) Place sign(s) that warn potential observes or bystanders in public 

spaces

2) Warning signs should state the following

“WARNING! AERIAL PHOTOGRAPHY IN PROGRESS.

FOR YOUR SAFETY PLEASE REMAIN 150 FEET BACK”

iv. Inspect UAS:

1) Verify that all batteries are in proper working condition

a) Visually inspect batteries for swelling, damage, or leakage

b) Verify that all batteries are fully charged

2) Verify that the UAV is in proper working condition

a) Visually inspect the propellers for warps, chips, and cracks

b) Visually inspect the UAV arms and body for

damage/loose connections

3. FLIGHT PROTOCOL:

a. Install propellers and propeller locks (if applicable)

b. Install battery

c. Power on radio then power on UAV

d. Set geo-fence that limits UAV flight path to the inspection location only

e. Visually inspect immediate and adjacent surroundings

f. Lift UAV approximately 4 feet off of ground and allow to hover in place

g. Verify that all system inputs are responding normally

h. Maneuver UAV in a slow controlled manner at all times

i. Restrict flight altitude to a minimum elevation sufficient to acquire data
j. Remain alert to surroundings including the following:

k. Approaching people and vehicles.

i. VO shall deflect all distraction from PIC

ii. Birds

iii. Manned aircraft

iv. Changes in wind speed and direction

v. Location of the sun

vi. Changes in cloud coverage

vii. Land UAV in same location as take off

4. UNPREDICTED OBSTACLES OR EMERGENCIES

a. If at any time the PIC or VO observes or encounters an unpredicted obstacle, the 

PIC shall immediately land the UAV in a safe location

b. The PIC may increase or decrease altitude based on the location of the 

unpredicted obstacle to avoid the obstacle

c. If an unpredicted obstacle is identified during normal flight, the PIC shall return 

the UAV to its home position to further identify the challenge and create a new 

flight plan 4.4. If the UAV begins to act in an unpredictable manner then the PIC 

shall land the UAV immediately

5. POST-FLIGHT PROTOCOL

a. Shut down UAS

b. Remove propellers

c. Allow all batteries and UAV to cool down

d. Place batteries, transmitter(s), propellers, and accessories into carrying case

e. Log flight time and any conditions that changed during flight

f. Charge batteries pursuant to manufacturers recommendations

g. Ensure that all systems have the most current version of

firmware/software

installed

6. FLIGHT LOGS:
a. The PIC must maintain flight and maintenance logs using the forms below:
Data Deploy, LLC Flight Operations Flight Log (2016-1001)

Pilot in Charge:

Visual Observer:

Date:

Project Name:

Project Number:

Location:

Weather Conditions:

UAS:

Flight Plan:

Challenges:

Flight Notes:

Pre-Flight Checklist: Inspect surroundings 

Note flight plan 

Inspect/tighten all connections 

Review flight plan 

Place warning signage 

Set geo-fence (if applicable) 

Test control inputs 

Data Deploy, LLC Flight Operations Flight Log (2015-1001)

Maintenance Performed by:

UAS: DJI Inspire 1 Identification Number
Date:

Checklist: Inspect UAS 

Inspect camera 

Inspect batteries 

Inspect cables 

Inspect charger 

Tighten all connections 

Inspect propellers 

Update software 

Update firmware 

Calibrate IMU 

Calibrate compass 

Test control inputs 

Charge batteries 

Additional Notes:
Data Deploy, LLC Flight Operations Flight Log (2015-1001)

Maintenance Performed by:

UAS: DJI Phantom 3 Identification Number

Date:

Checklist: Inspect UAS 

Inspect camera 

Inspect batteries 

Inspect cables 

Inspect charger 

Tighten all connections 

Inspect propellers 

Update software 

Update firmware 

Calibrate IMU 

Calibrate compass 

Test control inputs 

Charge batteries 
Additional Notes: