May 22, 2015

Exemption No. 11671

Regulatory Docket No. FAA–2015–0648

Mr. Matthew J. Clark

McKenna Long & Aldridge LLP

1676 International Drive, Penthouse

McLean, VA 22102

Dear Mr. Clark:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 12, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Dronair Solutions (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct closed-set filming for the motion picture, television, and web industries and aerial 

inspection and environmental monitoring of industrial sites, transmission and storage 

facilities, construction facilities, and aerial surveys.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are a DJI S1000+ and Aeryon SkyRanger.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
2

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, 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 UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Dronair Solutions is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection 

or closed set motion picture and filming. This exemption is subject to the conditions and 

limitations listed below.

Conditions and Limitations

In this grant of exemption, Dronair Solutions is hereafter referred to as the operator.
3

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S1000+ and 

Aeryon SkyRanger when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
4

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

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

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

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

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must 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 must 

be as large as practicable.
6

23. 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 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

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

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall 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.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
7

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service

Enclosures
Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York

1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com

Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708

Matthew J. Clark

703.336.8714

Email Address

mmckinnon@mckennalong.com

mclark@mckennalong.com

March 12, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Dronair Solutions 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, Dronair Solutions ("Dronair") hereby applies for an exemption from 

the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of 

small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of 

conducting: (1) scripted, closed-set filming for the motion picture, television, and web industry, 

and; (2) aerial inspection and environmental monitoring of industrial sites, transmission and 

storage facilities, construction facilities and precision aerial surveys. 

This petition for exemption is made based on information outlined in this Petition for 

Exemption, as well as the accompanying Dronair sUAS Flight Operations Manual, Dronair DJI 

S1000+ sUAS Aircraft Flight Manual and Dronair Aeryon SkyRanger sUAS Aircraft Flight 

Manual (collectively referred to as "Dronair's Operations Manuals"), the Aeryon SkyRanger 

User Guide and DJI S1000+ User Manual (collectively referred to as "Manufacturer's Manual").

1

 

Dronair submits these supporting materials as confidential documents pursuant to 14 C.F.R. 

§ 11.35(b), as the materials contain confidential commercial and/or proprietary information that 

Dronair has not and will not share with others. Additionally, these documents contain operating 

conditions and procedures that are not generally available to the public and are protected from 

release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

 

1

The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, 

but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot 

training manuals, service information letters and, safety/service bulletins. 
 

U.S. Department of Transportation

March 12, 2015

Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Closed-set Filmmaking and Cinematography 

B. Aerial Survey and Inspection of Industrial/Construction Sites and Utility PowerGeneration Facilities and Infrastructure 

III. Relevant Statutory Authority

IV. Dronair'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 Manuals

V. Regulations From Which Exemption is Requested

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

91.203(a)(1)

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

Rotorcraft

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

Identification Requirements

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

Maintenance Inspections

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

Privileges and Limitations

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

G. 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

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

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

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

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

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

Conditions 

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
 

U.S. Department of Transportation

March 12, 2015

Page 3

I. DESCRIPTION OF PETITIONER

Based in Houston, Texas, Dronair is an aerial cinematography company dedicated to 

providing technologically driven and innovative solutions in the filmmaking industry. Its 

founders, Aaron Moss and Jeff Johnson are both commercially rated rotorcraft and fixed-wing 

pilots with a combined flight time of over 7,300 flight hours and 15 years of commercial and 

military aviation experience. As part of Dronair's vision of providing new and innovative 

solutions to its client's needs, and building upon its founders extensive commercial and military 

flight experience, Dronair seeks an exemption to allow commercial operations of small UAS to 

provide aerial photography and video services to the to the filming industry, as well as aerial 

surveys, inspections, and environmental monitoring of industrial and construction sites, and

utility power-generation facilities and infrastructure. 

The contact information for Petitioner is as follows:

Aaron Moss

President

Dronair Solutions

2011 Willowmoss CT

Phone: (281) 773-6205

Email: aarommoss@gmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Dronair seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI 

S1000+ UAS and Aeryon Labs SkyRanger ("SkyRanger") UAS for the proposed operations 

discussed below. All UAS operations will occur under tightly controlled conditions on private 

property where Dronair has received permission to operate from the landowner, controller or 

authorized representative. The proposed UAS operations will be conducted in accordance with 

the conditions and limitations of this Petition for Exemption and Dronair's Operations Manuals. 

As detailed in Dronair's Operations Manuals, all UAS operations will be limited to daytime VFR 

conditions, within visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, and 

will occur at least 5 miles away from an airport. Moreover, Dronair's Operations Manuals 

incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled 

area of UAS operations, including GPS "geo-fencing" technologies.

A. Closed-set Filmmaking and Cinematography 

Dronair seeks to use small UASs for the purpose of conducting scripted, closed-set 

filming for the motion picture, television, and web industry. Dronair has tailored its operations 

to meet the requirements established by the FAA in prior grants of exemption authorizing 

commercial use of UAS in the motion picture and television filmmaking industry, including:
 

U.S. Department of Transportation

March 12, 2015

Page 4

 Astraeus Aerial (Exemption No. 11062)

 Aerial MOB, LLC (Exemption No. 11066)

 Pictorvision, Inc. (Exemption No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying-Cam, LLC (Exemption No. 11080)

 Aerocine, LLC (Exemption No. 11150)

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178) 

All UAS filmmaking operations will occur on private property in a controlled area, away 

from spectators and persons not involved in the filming. In addition, the filming will be 

conducted during daylight, VFR conditions, at altitudes below 400' AGL. As set forth below, 

Dronair's operations provide an equivalent level of safety that is superior to performing the same 

work using conventional fixed-wing aircraft or helicopters. 

B. Aerial Survey and Inspection of Industrial/Construction Sites and Utility 

Power-Generation Facilities and Infrastructure 

Dronair seeks to use small UASs for the purpose of conducting aerial imaging for safety 

monitoring of controlled access industrial and construction sites, utility power-generation 

transmission and distribution facilities and infrastructure. Traditional methods of inspecting this 

type of infrastructure, including flare stacks, elevated pipelines and power lines, tanks, and steep 

rooftops, expose inspecting engineers to risk of harm or serious injury. Inspectors need to climb 

tower or otherwise perform elevated work, which exposes them to the risk of dangerous falls. In 

addition, depending on the nature of the inspection, proximity to equipment often involves a risk 

of exposure to hazardous chemicals or oxygen-deficient atmospheres, burns from steam or hot 

equipment, and other mechanical hazards associated with industrial sites and construction 

facilities. The use of small UASs mitigates these hazards and is ultimately a much safer method 

of performing these types of inspections.

Small UAS inspection is also safer than traditional manned aircraft performing the same 

function. Conventional operations using rotorcraft and fixed-wing aircraft in low level 

operations present risks associated with vehicles weighing thousands of pounds and carrying 

large amounts of fuel. It is important to note that the use of small UAS in this area will not only 

be safer and more cost effective, but the quality of the information will be far superior. Small

UAS inspection is more reliable, and allows for the collection, dissemination, and storage of 

visual and other sensory data with greater precision and duration. Small UASs will also be
 

U.S. Department of Transportation

March 12, 2015

Page 5

capable of accessing and inspecting areas that would otherwise be inaccessible using

conventional aircraft or other inspection methods. 

III. RELEVANT STATUTORY AUTHORITY

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

FAA Modernization and Reform Act of 2012 ("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's size, weight, speed and operational capability;

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

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

Additionally, 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).

IV. DRONAIR'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

OF THE REFORM ACT

The small UAS operations proposed by Dronair 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.

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

Operational Capability

A Grant of Exemption is appropriate for operations conducted using the SkyRanger and 

DJI S1000+ UASs due to their size weight, speed, and operational capability. 
 

U.S. Department of Transportation

March 12, 2015

Page 6

 Both the SkyRanger and DJI S1000+ have been approved for use in prior Section 

333 Grants of Exemption from the FAA.2

 The SkyRanger weighs less than 10 pounds, including payload.

 The DJI S1000+ weighs less than 25 pounds, including payload. 

 The Aeryon SkyRanger and DJI S1000+ will not be flown at a ground speed in 

excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified 

using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, 

or any combination thereof. This information will be transmitted to the pilot via 

telemetric data feed.

 The UASs will have system redundancies and independent functionality to ensure 

the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UAS to 

return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the UAS comply with the 

Federal Communications Commission ("FCC") and other appropriate 

government oversight agency requirements. The operating frequency for the DJI 

S1000+ is 2.4 GHz. The SkyRanger is capable of operating on 900 MHz, 2.4 

GHz or 5.8 GHz frequency bands. 

If the same operations were conducted using a helicopter, the aircraft's take-off weight

would likely exceed 6,000 pounds. The difference in weight between the SkyRanger and DJI 

S1000+ and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals or property in the event of an accident or incident. In addition, the risk 

to the onboard pilot and camera operator is eliminated. 

 

2

See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant 

of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to 

LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption 

No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of 

Exemption to Total Safety U.S., Inc. (Exemption No. 11156). 
 

U.S. Department of Transportation

March 12, 2015

Page 7

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

Dronair's Operations Manuals

Dronair's Operations Manuals and the Manufacturer's Manual for the selected UASs 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 Dronair's proposed operations, below is a summary of operational limitations and 

conditions that Dronair will adhere to, and which will ensure an equivalent or higher level of 

safety to operations conducted under current regulatory guidelines:

1. The UAS weighs less than 25 pounds, fully loaded.

2. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight operation. 

3. All UASs operated under the Grant of 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.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilotin Command ("PIC") of the UAS, and one or more Visual Observers ("Observer") 

as necessary to safely conduct the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III 

Medical Certificate. The PIC will also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her 

pilot certificate. 

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The 

PIC must use human vision unaided by any device other than corrective lenses, as 

specified on the PIC's FAA-issued medical certificate. 

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times. 

8. Electronic messaging or texting will not be permitted during flight operations. 

9. The additional requirements identified in the Grant of Exemption shall be added 

to the Dronair's Operations Manuals. The Operations Manuals will be maintained 
 

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and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the Grant of Exemption and Dronair's

Operations Manuals, the conditions and limitations in the Grant of Exemption

shall take precedence and must be followed. Otherwise, Dronair shall follow the 

procedures outlined in their Operations Manuals.

10. Dronair may update or revise its Operations Manuals. Revisions will be tracked 

and a revised copy of the Manual will be provided to the Administrator upon 

request. Dronair will also present an updated and revised Operations Manuals if it 

petitions for extension or amendment to its Grant of Exemption. If an update or 

revision would affect the basis upon which the FAA grants the exemption, 

Dronair will seek an amendment to its Grant of Exemption. Dronair will contact 

the FAA’s UAS Integration Office (AFS-80) if questions arise regarding updates 

or revisions to the operating documents.

11. Dronair Operations Manuals and its Grant of Exemption will be available to the 

PIC at the ground control station anytime the UAS is operating. 

12. The PIC is prohibited from beginning a SkyRanger flight unless (considering 

wind and forecast weather conditions) there is enough power to fly to the first 

intended point of landing, and assuming normal cruising speed, to fly after that 

for at least 10 minutes.

13. Maximum total flight time for each operational flight using the DJI S1000+ will 

be limited to 40 minutes or the amount of time the UAS can be flown and still 

maintain a reserve battery power of no less than 25%, whichever occurs first. 

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

never enter navigable controlled airspace without prior written authorization and 

approval from the FAA. In the event the structure being inspected exceeds 400 

feet AGL, the UAS will not be operated more than 100 feet above the highest 

point on the structure, and no more than 50 feet horizontally from the structure. 

15. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons. (persons other than the PIC, VO, operator trainees or essential persons), 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or;
 

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b. The aircraft 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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a).

16. The UA may 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.

17. The UA may not operate within 5 nm of an airport reference point as denoted on a 

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

airport’s management is obtained, and the operation is conducted in accordance 

with a NOTAM as required by the Dronair COA. The letter of agreement with 

the airport management will be made available to the Administrator upon request.

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

condition safe for flight. The pre-flight inspection will account for all 

discrepancies, e.g. inoperable components, items, or equipment, not already 

covered in the relevant sections of the operating documents. 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. The ground control station shall 

be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS records as required by Dronair's Operations 

Manuals.

19. Dronair will carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operations Manuals. Maintenance, 

inspection, and alterations will be noted in the UAS records, including total time 

in service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

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

operation or flight characteristics (e.g., replacement of a flight critical component) 

must undergo a functional test flight in accordance with Dronair's Operations

Manuals. The PIC who conducts the functional test flight must make an entry in the 

UAS aircraft records of the flight. The requirements and procedures for a functional 
 

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test flight and UAS record entry shall be included in the Dronair's Operations

Manuals.

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

Manuals and any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the 

requirements on Dronair's Operations Manuals. 

23. Dronair will obtain an Air Traffic Organization ("ATO") issued Certificate of 

Waiver or Authorization, otherwise known as a COA, prior to conducting any 

operations under this Grant of Exemption. A NOTAM will be issued as required 

by the COA. All operations will be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace, altitude level 

and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies.

25. If the UAS loses communication with the pilot, it will have the capability to 

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

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

communication between the PIC and the Observer.

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

obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and 

logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight 

cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours 

logged as a UAS pilot with a similar UAS type. 

30. Prior to conducting operations for filming, the PIC will have accumulated and 

logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 54 CFR § 

61.51(b), a minimum of hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and three take-offs and 

three landing in the preceding 90 days.
 

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31. Operations shall occur during daytime VFR Meteorological Conditions; flights 

under special visual flight rules ("SVFR") shall not be conducted.

32. The UA 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.).

33. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited. 

34. The UAs will not be operated from an elevated platform or moving device/

vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

V. 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 UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.3

Dronair 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: (1) the specific sections of 14 C.F.R for 

which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has 

established which will ensure a level of safety better than or equal to the rules from which 

exemption is sought.4

 

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 44716).

4

14 C.F.R § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the 

rule from which you seek exemption.
 

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UNMANNED AIRCRAFT SYSTEM

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

91.203(a)(1)

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.5 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.

Equivalent Level of Safety

Dronair's use of the DJI S1000+ and SkyRanger is safe when taking into account their

size, weight, speed, and operational capability. As set forth in the description of proposed 

operations in Section IV(A), the SkyRanger weighs less than 10 pounds and the DJI S1000+ 

weighs less than 25 pounds, including payload and will not be flown at a ground speed in excess 

of 50 knots. Both UASs are also equipped with safety features that will allow Petitioner to 

operate the UAS safely after experience certain in-flight contingencies or failures.6 7

 

5

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6

See e.g., Grant of Exemption No. 11184 to LowCountryRC, Corp. (FAA-2014-0803 at pg. 3):

"The [DJI S1000] has the capability to operate safely after experiencing certain inflight 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 global positioning 

system (GPS) or a lost-link event with a pre-coordinated, predictable, automated 

flight maneuver, and manual flight control functionality as a backup. These safety 

features provide an equivalent level of safety compared to a manned aircraft 

performing a similar operation."

7

See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5):

"The SkyRanger can be operated entirely by a touch-screen, map-based interface. 

This means the operator only needs to command the system where to go, and the 

system does all the flying for the operator. The SkyRanger can be operated in both 

semi and fully autonomous flight modes, with the operator simply clicking on a map 

to create a pre-planned flight path for a flight. In addition, the operator can create no 

fly zones or maximum flight ranges and altitudes so the system cannot enter areas 

{footnote continued}
 

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Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or 

flammable liquid fuels, and operate exclusively within the parameters stated in Dronair's 

Operations Manuals. 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. Dronair will also provide the FAA with advance 

notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation 

of the DJI S1000+ and SkyRanger under the proposed conditions will be at least as safe as, or 

safer than, conventional rotorcraft operating with an airworthiness certificate.

Lastly, the UASs do not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard the 

UAS.8 In addition, no sense-and-avoid technology is necessary for the UASs because they will 

be operated at all times in VFR conditions and within VLOS of the PIC and Operator.9 

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 Dronair's small UASs would 

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

 

{continued from previous page}

deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS 

has built-in intelligent fault handling which allows the SkyRanger to detect a system 

fault while in the air and automatically fly back to its takeoff location and land. 

Faults that can be detected include: loss of communication; exceeding pre-set wind 

thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the 

system easy to navigate. At any point if the operator is not explicitly commanding 

the system to move, the system automatically holds its GPS position. The flight 

control system employs not only GPS positioning but a variety of sensors including 

sonar, barometric pressure, temperature, wind speed and others to ensure stability so 

long as wind thresholds are not exceeded. Also a flight termination link – to prevent 

a 'fly away' or other potentially dangerous situation – is available to the operator."

8

See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

Id. 
 

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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. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

Dronair 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 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.

● 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."10 

Equivalent Level of Safety

All UA flown by Dronair will bear N-number markings that are as large as practicable in 

accordance with 14 C.F.R. Part 45, Subpart C.11 

 

10 FAA Docket No. FAA-2014-0352.
 

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

Maintenance Inspections

Dronair 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. 

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the Manufacturer's Manual and any required manufacturer 

Safety or Service Bulletins. Further, as required by Dronair's Operations Manuals, the PIC will 

conduct a pre-flight inspection of the UAS and all associated equipment to account for all 

discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until, all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. As required by Dronair's Operations Manuals, the 

PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the 

flight. 

Dronair's Operations Manual also includes requirements to follow the manufacturer’s 

UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements for the following applicable components: powertrain system (powerplant), 

propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, 

camera system, electrical systems (including batteries), ground control station, hazard 

accessories, and spare parts. Further, Dronair's Operations Manuals also includes procedures to 

document and maintain a record of the UAS maintenance, preventative maintenance, alterations, 

status of replacement /overhaul component parts, and the total time in service of the UASs used 

under this Grant of Exemption. As a whole, the maintenance and inspection procedures required 

in Dronair's Operations Manuals ensure that an equivalent or higher level of safety will be 

achieved.

 

{continued from previous page}

11 See, e.g., FAA Docket No. FAA-2014-0352, at 14. 
 

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PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Dronair 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 UASs will be 

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

of Exemption to Astraeus Aerial12, 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 the 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. 

Equivalent Level of Safety

The restrictions Dronair has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial. Dronair will operate on private property away from 

persons and property not involved in the operation. Dronair will also obtain an ATO issued 

COA prior to conducting any operations under this Grant of Exemption. All operations will be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as 

required by the applicable COA.

In addition to these flight restrictions, Dronair will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators but also in the unique aspects of UAS flight. As set forth in 

the Operations Manuals, pilots will have experience not only in UAS operations generally but 

have logged flight time in the specific make and model used for the operations before they are 

permitted to participate in commercial flights on behalf of Dronair. The pilot qualification, 

training, and currency requirements in the Operations Manuals ensure that Dronair's pilots are 

competent and proficient in the UAS they are operating. Dronair's training and qualification 

requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, 

and will provide a higher level of competency and proficiency for its pilots and will ensure at 

least an equivalent level of safety.

 

12 Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
 

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OPERATING PARAMETERS OF THE UAS

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

Inasmuch as there will be no airworthiness certificate issued for the UASs, Dronair 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.13

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with 

Section V(A), supra.

G. 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

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry 

airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 

91.9(b)(2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is 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.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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.

 

13 See id. at 13-14, 22. 
 

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Given the small size and configuration of the UASs, 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. 

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) 

and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.14 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS. 

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

Dronair 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.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Dronair's Operations

Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components in accordance with the Dronair's Operations

Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. 

The PIC will also be required to review weather, flight requirements, battery charge, landing and 

takeoff distance, UA performance data, and contingency landing areas—before initiation of 

flight. Dronair's Operations Manuals and the Manufacturer's Manual will be kept at the ground 

control station and will be accessible to the PIC at all times while operating the UAS.

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

 

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see 

also Docket No. FAA-2014-0352 at 16-18. 
 

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Dronair seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part 

that "[n]o 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." UASs and remotely 

piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a). 

Equivalent Level of Safety

Given the size and speed of the UASs that Dronair intends to use, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and as required by the Dronair's Operations Manuals, all persons will be a safe 

distance away in the event that the UAS experiences any difficulties during flight instruction. 

Moreover, as required by the Dronair's Operations Manuals, all flight training will be conducted 

in controlled and sterile environment. As a whole, the safety procedures provided for in 

Dronair's Operations Manuals ensure that the proposed UAS operations provide an equivalent or 

higher level of safety than that provided by the flight instruction regulations. 

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

Dronair requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119(c).

15

 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 normally need to 

occur below 400 feet AGL. In circumstances where the UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest 

point on the structure, and within 50 feet horizontally of the structure. 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. 

 

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an 

emergency landing without undue hazard to persons or property on the ground in the event of a 

failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore 

an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 

to Slugwear, Inc., dba Likeonatree Aerial (FAA-2014-0534 at 15). 
 

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Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UASs, any risk 

associated with these operations is far less than those that presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UASs, as well the controlled location where the operations will occur. In order to avoid any risk 

to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when 

inspecting a structure whose height exceeds 400 feet AGL, within 100 feet above the highest 

point on that structure and 50 feet horizontally of the structure. 

As set forth in the Operations Manuals, the UASs will be operated in a restricted area, 

and all flights will be operated at a lateral distance of at least 500 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. As required by the Operations Manuals, flights will 

be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. 

Further, UAS operations will occur at least 500 feet away from 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 and, operations near the PIC or Observer will not 

present an undue hazard per § 91.119(a). Adherence to these restrictions in Dronair's Operations 

Manuals will ensure operations can be conducted without compromising safety.16 

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

Dronair 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 

 

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19):

"If barriers or structures are present that can sufficiently protect nonparticipating 

persons from the UA or debris in the event of an accident, then the UA may operate 

closer than 500 feet to persons afforded such protection. The operator must also 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately. When considering how to 

immediately cease operations, the primary concern is the safety of those 

nonparticipating persons. In addition, the FAA finds that operations may be 

conducted closer than 500 feet to vessels, vehicles and structures when the 

owner/controller of any such vessels, vehicles or structures grants permission for the 

operation and the PIC makes a safety assessment of the risk of operating closer to 

those objects and determines that it does not present an undue hazard."
 

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

extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet 

AGL or below17, (2) within VLOS, (3) where GPS based altitude information is relayed in real 

time to the operator at a ground-based on-screen display and, (4) where prior to each flight, a 

zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.18 

The UASs that Dronair intends to use for the proposed operations will meet all these 

operational characteristics. Moreover, as required by Dronair's Operations Manuals, the PIC will 

be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA 

Section 333 Grants of Exemption, the UASs Dronair intends to use, and the safety mitigation 

procedures contained in the Operations Manuals, both ensure that an equivalent level of safety 

will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore 

appropriate.

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

Conditions 

Dronair requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states:

(a) No person may begin 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.

Here, 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. 

 

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated 

more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21). 
 

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Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a SkyRanger flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the SkyRanger provided provide 

approximately 50 minutes of powered flight (with payload) and provided battery level and 

battery time remaining in minutes and seconds to the PIC.19 The FAA also considered the fact 

that the SkyRanger operating manual states: “start every flight with a fully charged battery in the 

aerial vehicle”, and that in the event that the UAS should run low on power, the PIC will be 

alerted and can land the SkyRanger as soon as possible. Like the VDOS Grant of Exemption, 

Dronair's use of the SkyRanger, combined with the requirements of Petitioner's Operations 

Manuals, ensure that an equivalent level of safety can be achieved. 

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR

conditions could be achieved by prohibiting the PIC from beginning a flight with the DJI S1000+ 

unless (considering wind and forecast weather conditions), there was enough power to fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Dronair will adhere to this limitation for DJI S1000+ flights.

The DJI S1000+ includes a low battery warning system and the amount of battery reserve 

power remaining is transmitted to the PIC via telemetric data feed, which downlinks from the 

UAS to a ground-based-on-screen display.20 As required by Dronair's Operations Manuals, the 

PIC will promptly fly the UAS back to the home launch location or pre-determined abort 

location where the UAS may safely land, while still maintaining a minimum of 25% reserve 

battery power. Dronair submits that the procedures requiring flights to be safely terminated once 

the batteries fall below 25% capacity, combined with the requirement that flights only be 

conducted within a secure, isolated area, using a UAS weighting less than 25 pounds, and within 

VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent 

or higher level of safety to that provided by the regulations from which exemption is sought. 

 

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 

20 The SkyRanger ground control station displays, the UASs position, navigation route, tail 

number, altitude, heading, north seeking arrow, range to targets, calculated target position, 

date/time. and sensor heading and orientation relative to the UAS. 
 

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VI. DRUG AND ALCOHOL PROGRAM

Dronair will have policies in place to ensure that no person may participate in UAS flight 

operations if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST

The public interest will be served by granting Dronair'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 harm or serious injury to inspecting engineers. Traditional methods of inspecting

monitoring industrial and construction sites, and utility power-generation facilities and 

infrastructure requires inspectors to climb towers or otherwise perform elevated work, which 

exposes them to the risk of dangerous falls. Inspectors are often exposed to hazardous chemicals 

or oxygen-deficient atmospheres, burns from steam or from hot equipment, and other mechanical 

hazards associated with industrial sites and construction facilities. The use of small UASs can 

eliminate these hazards and is ultimately a much safer method of performing these types of 

inspections.

The use of small UASs also enhances safety and reduces risk because, unlike manned 

aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UASs 

carry no passengers or crew. Further, in the unlikely event of an accident, Dronair's small 

battery powered UASs presents significantly less danger to persons on the ground when 

compared to operations by conventional manned aircraft.21 As Petitioner's UASs are battery 

powered, the public will also benefit from a reduction in harmful emissions associated with 

conventional aircraft performing in the same functions proposed herein. Lastly, as recognized by 

 

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12):

"Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and 

are operated by an onboard pilot, in addition to other onboard crewmembers, as 

necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard 

pilot or crew. The pilot and crew will be remotely located from the aircraft. The 

limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The 

risk to an onboard pilot and crew during an incident or accident is eliminated with 

the use of a UA for the aerial filming operation."
 

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the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional 

tool for the aerial filming industry, adding a greater degree of flexibility, which supplements the 

current capabilities offered by manned aircraft.22 

VIII. PRIVACY

All Dronair 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 owner/controller or authorized 

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

obtained for each flight to be conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 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 in Title 14 of the Code of Federal 

Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(1) & (2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with performing equivalent film work and aerial 

inspection and environmental monitoring of industrial sites, transmission and storage facilities, 

construction facilities and precision aerial surveys with conventional fixed-wing aircraft, 

rotorcraft, or other methods.

X. CONCLUSION

Dronair's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed UAS operations 

will benefit the public as a whole by improving safety and reducing risk by alleviating human 

exposure to danger. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with more than adequate justification for granting the requested exemptions allowing 

Dronair to use small UASs for: (1) scripted, closed-set filming for the motion picture, television, 

 

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18). 
 

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and web industry, and; (2) aerial inspection and environmental monitoring of industrial sites, 

transmission and storage facilities, construction facilities and precision aerial surveys. 

We thank you for your prompt consideration of our requested exemptions. Should you 

have any questions, or if you need any additional information to support the requested 

exemptions, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 540-219-1638

Email: john@jmacaerospace.aero

Very truly yours,

/s/ Matthew J. Clark 

Matthew J. Clark

Mark E. McKinnon 

Counsel for Dronair Solutions
 

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March 12, 2015

Page 26

(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:

Dronair sUAS Flight Operations Manual

Dronair DJI S1000+ sUAS Aircraft Flight Manual 

Dronair Aeryon SkyRanger sUAS Aircraft Flight Manual