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Brian Deatherage

ArizonaFPV 

4717 E. Gatewood Rd

Phoenix, AZ 85050

June 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of 

the Federal Aviation Regulations from Certain Provisions of 14 C.F.R.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“the Reform Act”) and 14 C.F.R. Part 

11, ArizonaFPV, LLC (“ArizonaFPV”), an operator of Small Unmanned Aircraft Systems (“UAs”) equipped to 

conduct aerial geospatial analysis, and aerial photography/videography operations for a range of businesse that 

include infrastructure inspection, mining, and real estate, hereby requests an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operations of its UAs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333. This request is substantially similar to other petitions previously approved, and should be considered 

under the expedited summary grant procedure.

Approval of the exemption will allow commercial operations of the: (1) DGI S900 approved for commercial 

operations in Exemption Nos.11240, 11256, and 11384; and (2) the senseFly eBee approved for commercial 

operations in Exemption Nos. 11518, 11646, and 11673. 

The safety and public benefits of using these UAs for the operations contemplated by this petition are significant. 

The UAs covered by this petition are small battery powered craft, with the senseFly eBee weighing approximately 

1.5 lbs., inclusive of battery and payload, and the DJI S900 weighing approximately 15 lbs., inclusive of battery 

and payload. The use of these UAs will greatly reduce the need to operate manned aircraft in unconventional 

operations, and will provide more accurate data and imagery in a more safe, economical, and efficient manner. 

As Congress intended, the operations pursuant to the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft,

and under conditions as may be modified by the FAA as required by section 333. 

For your ease in reviewing the petition, please refer to the following table of contents:
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Table of Contents

 

I. Petitioner’s Contact Information Page 3

II. The UA Page 3-4

1. senseFly eBee

2. DJI S900

III. The Crew Page 4

IV. Operations Page 4-7

V. Privacy and Public Interest Page 7

VI. FAR Relief Requested and Equivalent Level of Safety Page 8-9

 91.119(c): Minimum safe altitudes

 91.121: Altimeter settings

 91.151(a)(1): Fuel requirements for flight in VFR conditions

 91.405(a): Maintenance required

 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or alteration

 91.409 (a)(1)&(2): Inspections

 91.417(a)&(b): Maintenance records

VII. Publishable Summary Page 9-10

VIII. Conclusion Page 10
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I. Petitioner’s Contact Information

The name and address of the Petitioner is:

ArizonaFPV LLC

Attn: Brian Deatherage, Owner

4717 E. Gatewood Rd

Phoenix, AZ 85050

480-200-0371

brian@arizonafpv.com

II. The UA1

1. senseFly eBee

The requested exemption will permit petitioner to operate the senseFly eBee, with a maximum 

weight of approximately 1.5 lbs., inclusive of batteries and technical payload. This UA operates at a 

speed of no more than 49 knots.

The UA will have the following specifications or equivalent:

Airframe: senseFly eBee

Wingspan: 96cm (3.2 ft.)

Control System: Internal to the eBee which includes the Main Controller (MC), Internal 

Measurement Unit (IMU) with a built in internal sensor, barometric altimeter 

(which measures attitude and altitude), compass, GPS, and radio receiver (Rx)

Transmitter (Tx): senseFly system with 2.4 GHz

Receiver (Rx): internal to eBee

Motor: electric brushless motor with nominal static thrust of 6.2 N

Data Link: 2.4 GHz USB ground modem

OSD: senseFly eMotion 2 software, which allows live telemetry to be displayed to 

the visual observer, including the battery level and altitude

Batteries Lithithium Polymer batteries with a capacity of 2150 mah

The FAA has previously approved use of the eBee in Exemption Nos. 11518, 11646, 11673.

2. DJI S900

The requested exemption will permit petitioner to operate the DJI S900, with a maximum weight of 

approximately 15 lbs., inclusive of batteries and technical payload. This UA operates at a speed of no 

more than 31 knots.

Airframe: DJI S900 Spreadwings

Dimensions: Diagonal motor-motor distance 88.9 cm (35 in.)

Flight Controller: Wookong-M

 

1

At the request of the FAA, ArizonaFPV will also be pleased to provide, under Confidentiality to support this Exemption 

Request: the eBee SenseFly User Manual, eBee Inspection and Maintenance Requirements, the senseFly eBee Training 

Documentation, and the eBee Justification of Airworthiness and Safety Assessments, and the DGI S900 User Manual. 
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Built in Functions: Enhanced Failsafe, 2-Axis Gimbal Support, Low Voltage 

Protection, Go Home & Auto Landing, D-Bus Receiver Supported, Intelligent 

Orientation Control.

On Screen Display: IOSD Mark II

TX/RX: LawMate 1000mW Transmitter V2/Dragon Link V2 UHF

Motor: DJI 4114-11. 41mm x 14mm, 400 KV/RPM

Propellers DJI Innovations, Model # 15 x 5.2

Radio: Spectrum DX9 Data Link: 2.4 GHz USB ground modem

Gimbal: Zenmuse Z15-BMPCC

Batteries Lithithium Polymer batteries with a max capacity of 15000 mAH

The FAA has previously approved use of the S900 in Exemption Nos. 11240, 11256, 11384.

III. The Crew

The flight crew will consist of a pilot in command (PIC) and a visual observer (VO). The PIC will 

have, at minimum, a sport pilot’s license and a third class medical certificate, or a U.S. driver’s license

All training, qualifications, and responsibilities required for the PIC and VO can be found in 

Section 1 and 2 of the ArizonaFPV Flight Operations Manual. (Appendix A)

IV. Operations

1. The UAs will weigh no more than 55 pounds, inclusive of battery and payload.

2. The UAs will not be operated at a speed exceeding 87 knots (100 miles per hour).

3. The UAs operations under this exemption will be limited to conducting operations for the purpose 

of providing aerial geospatial analysis, and aerial photography/videography operations for a range 

of business that include infrastructure inspection, mining, and real estate.

4. Minimum flight crew for each operation will consist of the UA pilot in command (PIC) and a 

visual observer (VO).

5. The PIC may deem other crew essential to the safe operation of the UA to include camera operator, 

instructor, trainee, or person’s necessary for the safe operation of the flight.

6. The PIC will have at minimum, a sport pilot license and a third class medical certificate or a U.S. 

driver’s license.

7. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria and 

demonstrates the ability to safely operate the UA in a manner consistent with how the UA will be 

operated under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from person’s vessels, vehicles, and structures. 

8. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 

61.51(b). A record of the PIC training will be documented and made available upon request by the 

Administrator. Training operations will only be conducted during dedicated training sessions. 

During training, proficiency, and experience-building flights, all persons not essential for flight 
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operations are considered nonparticipants, and the PIC will operate the UA with appropriate 

distance from nonparticipants in accordance with 14 CFR §91.119.

9. The PIC will be designated before the flight and will not be allowed to transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the duties 

required of the VO.

10. Flights will be operated within visual line of sight (VLO) of the PIC and VO at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective lenses. 

PIC and VO will at all time be able to communicate verbally. They will not be permitted to use 

electronic messaging or texting to communicate during flight operations.

11. Flights will be operated at an altitude of no more than 400 feet AGL. All altitudes reported to Air 

Traffic Control (ATC) will be feet AGL.

12. A briefing will be conducted about the planned UA operations prior to each day’s activities. It will 

be mandatory that all personnel who will be performing duties in connection with the operations be 

present for this briefing.

13. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to ensure it 

is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation 

of the UA, the PIC will not operate the UA until necessary maintenance has been performed and 

the UA is found to be in a condition for safe flight. All maintenance and alterations will be 

properly documented in the UA records.

14. Petitioner will conduct a function flight test on any UA that has undergone maintenance or 

alterations that affect the UA operation or flight characteristics, e.g. replace of a flight critical 

component. The PIC who conducts the functional flight test will make an entry in the UA records.

15. The petitioner will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul replacement, 

inspection, and life limit requirements for the UA and UA components. Maintenance, inspection, 

alterations, and status of replacement/overhaul components parts will be noted in the UA records, 

including total time in service, description of work accomplished, and the signature of the 

authorized person returning the UA to service. The authorized person will make an entry in the 

UA record of the corrective action taken against discrepancies discovered between inspections.

16. The PIC will not begin 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 prepare to land each 

UA with 20% battery life remaining.

17. Actual total flight time for each operational flight will result in no less than 20% battery reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or emergencies. 

19. The UA will be programmed so that if it loses communication or loses its GPS signal, it will return 

to a pre-determined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 
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20. All operations will be conducted over private or controlled-access property with permission from 

the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

21. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will 

be conducted under visual meteorological conditions (VMC). Flights will not be conducted under 

special visual flight rules (SVFR).

22. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. All 

operations shall be conducted in accordance with an ATO-issued COA. The petitioner will apply 

for a new or amended COA if it intends to conduct operations that cannot be conducted under the 

terms of the attached COA.

23. The UA will not be operated within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management has been obtained or otherwise permitted by a COA issued to the petitioner. Any 

letter of agreement with the airport management will be made available to the Administrator upon 

request.

24. The UA will not be operated less than 500 feet below, or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

25. All UA operated in accordance with this exemption will be identified by serial number, registered 

in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance 

with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

26. The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

27. The UA will not be operated by the PIC from any moving device or vehicle.

28. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures; unless one of the following three conditions is met:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The petitioner will ensure 

nonparticipating persons remain under such protection. If a situation arises, where 

nonparticipating persons leave such protection and are within 500 feet of the UA, the 

PIC will ensure that flight operations cease immediately.

b. The UA is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard

c. Operations nearer to the PIC, VO, operator trainees, or essential persons do not present 

an undue hazard to those persons.
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29. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UA is operating. These documents will be made available 

to the Administrator or any law enforcement official upon request.

30. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Website: 

www.ntsb.gov

V. Privacy and Public Interest

All flights will occur over private or controlled-access property with the property owner’s prior 

consent and knowledge. Photography/videography will be of people who have also consented to being 

photographed or otherwise having agreed to be in the area where the aerial photography/videography 

operations will take place. 

The planned UAs use will increase ground safety for aerial geospatial analysis and aerial 

photography/videography for a range of business that include infrastructure inspection, mining, and real 

estate. The enhanced safety and reduced environmental impact achieved using a UA with the 

specifications described by the petitioner, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation 

enabled by this exemption is in the public interest.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of sight 

and national security – provide more than adequate justification for the grant of the requested exemption 

allowing commercial operation of petitioner’s UAs.

Additionally, the FAA has previously approved a numerous UAs for geospatial analysis and aerial 

photography/videography similar to this request in Exemption Nos.: 

11654 (Aerial photography and videography); 

11655 (Aerial photography); 

11656 (Aerial photography, videography, and surveying); 

11664 (Aerial photography, videography, and inspections); 

11665 (Aerial photography and videography); 

11666 (Aerial photography and precision survey); 

11672 (Aerial photography, videography and land surveying); 

11674 (Aerial videography and cinematography)
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VI. FAR Relief Requested and Equivalent Level of Safety

Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the senseFly eBee and DJI S900.2

Specific regulations for which relief is sought by the Applicant:

 91.119(c): Minimum safe altitudes

 91.121: Altimeter settings

 91.151(a)(1): Fuel requirements for flight in VFR conditions

 91.405(a): Maintenance required

 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or alteration

 91.409 (a)(1)&(2): Inspections

 91.417(a)&(b): Maintenance records

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 (c) establishes safe altitudes for operation of civil aircraft over other than congested 

areas. Petitioner requests authority to operate at altitudes only up to 400 AGL over uncongested areas. The 

UA will operate in a limited area within pre-defined boundaries with the consent of the 

landowner/controller and require that all non-essential persons remain clear of the flight area during 

operations. The PIC will make a safety assessment of the risk of operating the UA and ensure no undue 

hazard is present for persons or property. Considering the size, weight, and speed of the UA, these 

protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight 

operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed UA

operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the UA will ensure separation with conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 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.” The eBee and S900 do not have a barometric altimeter, but instead a GPS 

altitude data. An equivalent level of safety will be achieved by Petitioner, pursuant to the FOM, 

confirming the altitude will be set to zero before every flight.

14 C.F.R. §91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to first point of 

intended landing and then for at least an additional thirty minutes. The battery powering Petitioners UA

provides approximately 25 minutes of powered flight and therefore is unable to meet this requirement. 

Petitioner believes that since their UAs will be flying in a confined area without the presence of non-

 

2

Petitioner understands that if it satisfies the requirements under Section 333, then there is no need for relief under 14 CFR 

Part 21 (airworthiness certificate), and under 14 CFR §§ 45.23(b) and 91.7(a). Petitioner further understands that operations 

of a UA does not require exemptions under 14 CFR § 91.9(b)(2) (civil aircraft marking and manual requirements) and based on 

the FAA memorandum “Interpretation regarding whether certain required documents may be kept on unmanned aircraft’s 

control station.” If the Administrator determines that the Petioners may be subject to those requirements, the Petitioner

reserves the right to supplement this request. Petitioner also understands that the FAA allows operations under Section 333 

by a PIC who holds a minimum of a recreational or sport certificate, and that a driver’s license satisfies the medical 

requirement under Part 61.
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essential persons, with landowner/controller permission and remain in line-of-sight of the PIC and/or 

Observer an equivalent level of safety can be achieved by flight planning all flights to return to intended 

landing site with a minimum of 20% reserve power in accordance with the FOM.

14 C.F.R. §91.405 (a); 407(a)(1); 409(a)(1)&(2); 417(a)&(b): Maintenance Inspections

The following 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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Petitioners operations. Maintenance will be accomplished by Petitioner in 

accordance with it FOM. As provided in the FOM, the PIC will ensure that the UA is in working order 

prior to flight. It is Petitioners intention that the PIC perform maintenance and inspection of the UA and 

"be authorized to approve the aircraft for return to service.” The PIC will ensure that the UA is in an 

airworthy condition prior to flight. Petitioners will keep a log of maintenance performed. Moreover, 

Petitioners and the PIC are most familiar with the UA and best suited to maintain it in an airworthy 

condition.

An equivalent level of safety will be achieved because the eBee and S900 is limited in size, will 

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

arise, the UA can land immediately and will be operating from no higher than 400 feet AGL.

VII. Publishable Summary

Pursuant to 14 C.F.R. § 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules: 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409 (a)(1)&(2), 91.417(a)&(b) to operate commercially a small unmanned aircraft system

(UA) that is 55 pounds or less.

Approval of the exemption requested by petitioner will allow commercial operation of a (1) senseFly eBee, 

and (2) DJI S900 for the purpose of providing aerial geospatial analysis, and aerial photography and 

videography operations for a range of business that include infrastructure inspection, mining, and real 

estate.

Approval of exemptions allowing commercial operations for UAs will enhance safety by reducing risk. 

Conventional manned flight operations, using jet, or piston aircraft, sometimes operate at low in close 

proximity to people and structures; and resent the risk associated with vehicles that weigh approximately 

6,000 pounds, carrying large amounts of fuel or other flammable liquid. Such aircraft must fly to and from 

the job location. In contrast, as UA weighing less than 55 pounds and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UA is 

carried to the job location, not flown. The UA will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

The operations of UAs, weighing less than 55 pounds, conducted in accordance with the conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested 
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herein. These lightweight UA operate at slow speeds, close to the ground, and in a secured environment 

and as a result, are safer than conventional operations conducted with helicopters operating in close 

proximity to the ground and people. The substantial increase of safety and decrease of risk to human life, 

coupled with the low risk use of UAs to conduct these operations, weigh heavily in favor of granting the 

exemption.

VIII. Conclusion

Petitioner is prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact us at any time if 

you require additional information or clarification.

Pursuant to 14 C.F.R. §11.35, Petitioner requests confidential treatment for Appendix A, 

ArizonaFPV Flight Operations Manual, that is provided with this request for exemption. Petitioner 

requests that the information contained in this document not be made public because it is a trade secret 

whose disclosure would harm petitioner. 

Thank you for your time and consideration.

Sincerely,

/s/ Brian Deatherage

Brian Deatherage

Owner, ArizonaFPV

Appendices:

Appendix A: ArizonaFPV Flight Operations Manual

Appendix B: DJI S900 Product Overview

Appendix C: senseFly eBee product Overview