15575 SW Sequoia Pkwy, Suite 100 l Portland, OR 97224 l 503.968.8787 www.geodesigninc.com

February 10, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE

Washington, D.C. 20590

Re: Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Madam, Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act), Public Law 112-95 

and 14 CFR Part 11, GeoDesign, Inc. (GeoDesign), seeks an exemption from the Federal Aviation Regulations

(FARs) listed below, to allow commercial operation of several unmanned aircraft systems (UAS).

The requested exemption would authorize the following commercial operations using UAS:

• Mine mapping and deposit characterization

• Mapping of earthwork at various project sites (both residential and commercial developments)

• Landslide characterization

• Aerial photography

The regulations from which the exemption is requested are as follows (see Appendix A for an explanation 

regarding how the operator will maintain an equivalent level of safety):

14 CFR 21 Subpart H

14 CFR 45.23

14 CFR 45.29 

14 CFR 61.23

14 CFR 61.3 

14 CFR 61.113(a) & (b)

14 CFR 61.133(a)

14 CFR 91.7(a) 

14 CFR 91.9

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b)

14 CFR Subpart E 91.401-417
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Similar exemptions were granted for the following:

SenseFly Ltd. (Exemption No. 11263, Regulatory Docket No. FAA-2014-0727)

Sky Crafters (Exemption No. 14036, Regulatory Docket No. FAA-2015-4544)

LyonsTech Consulting LLC (Exemption No. 13898, Regulatory Docket No. FAA-2015-4218)

Applicant name and address:

Scott Mills (on behalf of GeoDesign, Inc.)

15575 SW Sequoia Parkway, Suite 100

Portland, OR 97224

503-968-8787

smills@geodesigninc.com

How granting the exemption would be in the public interest:

Using UAS will mean a less invasive process for mapping and characterizing mining deposits. UAS use will also 

make the process safer for field staff and will cause less disturbance to adjacent natural areas and 

wildlife. Additionally, this service will produce a more accurate survey of mine stockpiles and reserves at a lower

cost than traditional surveying, which should be reflected in mine operators’ costs for the public to purchase their 

products.

Mapping earthwork at project sites with UAS will enable us to quickly and safely characterize soil stockpiles, which 

in turn will make the grading process more efficient, thus expediting both commercial and residential projects.

UAS will also allow us to characterize landslides more accurately and efficiently. Our area is subject to heavy 

rainfall and subsequent slides, and we are regularly called upon for these types of services. UAS will equip us to 

better serve the public in assisting with landslide mitigation for affected roadways and buildings, making 

infrastructure safe for public use.

Make and model of aircraft for proposed operations: 

Phantom 2 (DJI)

Aircraft 

Operating environment temperature -10°C to 50°C

Power consumption 5.6W 

Supported Battery DJI Intelligent battery 

Weight (including the battery) 1000g 

Take-off Weight ≤1300g 

Hovering Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity 200°/s 

Max Tilt Angle 35° 

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed 15m/s (Not Recommended) 

Wheelbase 350mm 
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2.4GHz Remote Controller (Futaba T8FG Super)

Components T8FGS transmitter for airplanes or helicopters

R6208SB Receiver

HT6F1700B Ni-MH battery & Charger 

Switch harness

Neck strap 

*The set contents depend on the type of set. 

Additional battery: Futuba HT6F1800B

Transmitter T8FGS (2-stick, 14-channel, FASST-2.4G system) 

Transmitting frequency - 2.4GHz band 

Modulation - 2.4G 7-ch or 2.4G Multi-ch, switchable 

Power supply - 7.2V HT6F1700B Ni-MH battery 

Receiver R6208SB (FASST-2.4G system, dual antenna diversity, S.BUS system) 

Power requirement - 3.7V~7.4V battery or regulated output from ESC, etc. 

(*1) 

Size - 0.98 x 1.86 x 0.56 in. (24.9 x 47.3 x 14.3 mm) 

Weight - 0.49 oz. (13.8g) 

(*1) When using ESC's make sure that the regulated output capacity meets your usage application.

DJI Intelligent Battery 

Type 3S LiPo Battery 

Capacity 5200mAh, 11.1V 

Charging Environment Range 0°C to 40°C

Discharging Environment Range -20°C to 50°C

Additional Equipment__________________________________________________________________________________________

GoPro Hero3+ Black Edition

Weight – 1.4 lbs

Battery – Li-ion

Gimbal ZenMuse H3-2D

Weight – 230g (including GoPro)

eBee (SenseFly)

Size Wingspan: 96 cm 

Wing area: 0.25 m2 

Weight without camera and battery approx. 0.42 kg (0.93 lbs) 

Nominal take-off weight (approx.) eBee: 0.67 kg (1.48 lbs)

(with standard camera & battery) 

Maximum take-off weight 0.75 kg (1.65 lbs) 

Material EPP foam, carbon structure & composite parts 

Battery 3-cell Lithium-Polymer (0.14 kg) 

Nominal endurance (flight time)68 eBee: 50 minutes 

(with standard camera) 

Propulsion Electric brushless motor 

Nominal static thrust: 0.63 kgf (6.2 N) 
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Nominal cruise speed 40-90 km/h (11-25 m/s or 25-56 mph) 

Wind resistance up to 45 km/h (12 m/s) 

Max. single flight coverage69 eBee: 12 km2 (4.6 mi2 )

(on a single battery charge) 

Communication devices Ground modem: 

• Frequency: 2.4 GHz 

• Range70: approx. 3 km 

• Certification: FCC Part 15.247, IC RSS210, CE 

Remote control: 

• Frequency: 2.4 GHz 

• Range: approx. 1 km 

• Certification: CE, FCC 

Navigation Up to 50 waypoints 

GSD (per pixel) eBee: Down to 1.5 cm (0.6 in) 

Absolute horizontal accuracy eBee (with GCPs): Down to 3 cm (1.2 in) 

eBee (no GCPs): 1 to 5 m (3.3 to 16.4 ft) 

Absolute vertical accuracy eBee (with GCPs): Down to 5 cm (2.0 in) 

eBee (no GCPs): 2 to 5 m (6.6 to 16.4 ft) 

Relative orthomosaic/3D model accuracy 1-3 times GSD 

Carry case dimensions 55 x 45 x 25 cm (21.6 x 17.7 x 9.8 in)

68 can vary greatly depending on external factors such as wind, altitude change and temperature. 

69 calculated based on the following test conditions: GSD of 30 cm (11.8 in) per pixel, no wind, moderate air temp. (18 C/64.4 F), new fully-charged battery, flight altitude of 1,000 m (3,280 ft) 

above ground & take off at approx. sea level from centre of coverage area.

eXom (SenseFly)

Flight system

Type V-shaped quadcopter

Engines 4 electric brushless motors

Propellers 4

Take-of weight 1.8 kg (3.9 lb) incl. battery, payload & shrouding

Flight time (full system) Up to 22 min

Max. climb rate 7 m/s (15 mph)

Max. airspeed Automatic flight: 8 m/s (18 mph) 

Manual flight:12 m/s (27 mph)

Wind resistance Automatic: up to 8 m/s (18 mph) 

Manual: up to 10 m/s (22 mph)

Autopilot & control IMU, magnetometer, barometer & GPS

Materials Composite body, moulded carbon fibre arms and legs, 

precision-molded magnesium frame, precision-molded 

injected plastic

Operating temperature -10 to 40o C (14o-104o F)
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Wireless Communication

Main communication Link

Type Digital, dual omnidirectional antennas, dual band, 

encrypted

Frequency 2.4 GHz & 5 GHz ISM bands (country dependent)

Data transmitted Commands, main camera stream, navcam stream, sensor 

data, etc.

Range Up to 2 km (1.2 mi)

RC (Remote Control)

Type Digital

Frequency 2.4 GHz

Range Up to 800 m (0.5 mi)

System Power

Technology Smart battery

Type LiPo, 3 cell, 8500 mAh

Power Level Display LED display on battery, on-screen information

Charging time 1 – 1.5 h

On-board computing

Type 4 on-board CPUs

Quad-core processor Principal autopilot & artificial intelligence

Dual-core processor Video co-processing

Single-core processor Low-level autopilot (safety fallback) and motor control

Single-core processor Communication link management

Situational awareness & assistance

Multidirectional video feed

Source Navcams (visual sensor)

Number 5

Video VGA (640 x 480 pixels)

Horizontal field of view 100 degrees

Availability One navcam at a time

Object & range detection

Sensor Ultrasonic

Number 5

Range Up to 6 m (20 ft)

Feedback Audio and visual object warning
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Operational Safety

Shrouding

Material Carbon fibre

Function Defines propeller rotation area 

Protects from damage at low speed

Signalisation lights

Navigation lights 2 green on the right, 2 red on the left

Anti-collision lights 1 top strobe, 1 bottom strobe

Ground proximity detection

Avoidance procedure Automatic stop (can be deactivated)

Warning signals Audio & visual

Flight assistance features (Interactive mode)

Cruise control Maintains (low) constant speed in a given direction

Distance lock Keeps distance to frontal objects 3 – 5 m (9.8 – 16 ft)

Obstacle avoidance Depending on flight phase

Safety procedures

Automated failsafe behaviours Geofencing, return home, emergency stop, emergency 

landing

Operator triggered Hold position, return home, go land, land now, emergency 

motor cut-off

Autopilot fallback

Type Independent low-level autopilot (backup for main autopilot)

Manual RC control Independent RC controller (take manual control at any time)
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Appendix A

14 CFR 21 Subpart H and 14 CFR 91.203(a) & (b): Airworthiness Certificates

14 CFR 21 Subpart H “prescribes procedural requirements for the issue of airworthiness certificates.” Additionally, 

14 CFR 91.203(a) & (b) requires all civil aircraft to have an “appropriate and current airworthiness certificate” that 

is “displayed at the cabin or cockpit entrance so that it is legible to the passengers or crew.”

All UAS described in this petition are very lightweight: The Phantom 2 weighs approximately 2.9 lbs, the eBee 

weighs approximately 1.65 lbs, and the eXom weighs approximately 3.9 lbs. Due to the lightweight nature and 

limited operating range of these UAS, it is unnecessary to go through the certificate of airworthiness process under 

Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the UAS involved. Per this criteria, UAS (Phantom 2, 

eBee, and eXom) operated without an airworthiness certificate, under the conditions proposed in that exemption, 

will be at least as safe as or safer than a conventional aircraft with an airworthiness certificate. 

14 CFR 45.23 & 14 CFR 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display “N” and the aircraft’s registration number in marks at 

least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station.

Due to the small size of the UAS, this is not feasible. Additionally, the FAA has provided alternative instructions on 

its website for display of registration numbers, specifically for UAS operators:

Marking and operating your UAS before you fly

Q45. Will my drone require an N-number or sticker?

A. No. You will receive a unique registration number, not an N-number, and you must mark the 

registration number on your UAS by some means that is legible and allows the number to be readily 

seen. The registration number may be placed in a battery compartment as long as it can be accessed

without the use of tools.

Q46. Is putting my AMA number on my drone enough?

A. No. Not at this time. The registration system will generate a unique FAA registration number, 

which you must mark on your aircraft.

Q47. Would putting my contact information on my drone be enough?

A. No, you must mark it with the FAA registration number.

Q48. How do I mark my unmanned aircraft with the unique registration number?

A. You may use any method to affix the number, such as permanent marker, label, engraving, or 

other means, as long as the number is readily accessible and maintained in a condition that is 

readable and legible upon close visual inspection. If your unmanned aircraft has an easily accessible 

battery compartment you may affix the number in that compartment.

Source: https://www.faa.gov/uas/registration/faqs/
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GeoDesign will affix the registration number to each UAS in accordance with the FAA instructions above, which will 

provide an equivalent level of safety in regards to these regulations.

14 CFR 61.23 Medical certificates: Requirement and duration

This regulation requires that a person:

(1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate;

• When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flightcrew member in an operation conducted under part 121 of 

this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter 

(other than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

As the UAS are small, lightweight, and have a limited operating range (in addition to integrated safety features*), it 

is GeoDesign’s determination that an equivalent level of safety can be reached if the operator has a valid driver’s 

license. 

*Phantom 2: Firmware includes a No Fly Zone (NFZ) feature to increase flight safety and prevent accidental flights 

 in restricted areas. In many cases, NFZ will warn the user about such areas if you fly toward them or try to takeoff 

 within them. In certain locations, the device will not takeoff. The Phantom 2 will also land when a certain 

 critical battery level is reached.

 eBee and eXom: Both will land automatically when a certain critical battery level is reached. 

14 CFR 61.3: Requirement for certificates, ratings, and authorizations

14 CFR 61.113(a) & (b); Private pilot privileges and limitations: Pilot in command

14 CFR 61.133(a); Commercial pilot privileges and limitations

The regulation (61.3) provides that no person may serve as a required pilot flight crewmember of a civil aircraft of 

the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person’s physical 

possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or 

authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by 

that country may be used.

The regulation (61.113(a) & (b)) provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.
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Lastly, the regulation addresses commercial pilot privileges and limitations (61.133(a)).

Given the safety features of the UAS, their small size and weight, and their limited operating area, GeoDesign 

proposes that operators of the UAS should not be required to hold a commercial or private pilot certification. 

The equivalent level of safety will be achieved by operators utilizing the UAS according to their individual operating 

manuals, while taking advantage of integrated safety features. 

14 CFR 91.7(a) Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in an airworthy condition. 

Should GeoDesign be granted an exemption allowing commercial operation of UAS without an airworthiness 

certificate (as addressed earlier in this Appendix regarding 14 CFR Part 21 Subpart H and 14 CFR 91.203), no 

standard will exist for airworthiness of GeoDesign’s UAS.

An equivalent level of safety will be achieved by ensuring compliance with the aircrafts’ respective operating

manuals prior to each flight. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

The regulation states that no person may operate a U.S. registered civil aircraft unless there is a current, approved 

flight manual in the aircraft.

Due to the fact that the aircraft is small and lightweight, and the operator will be on the ground, not in the aircraft, 

we request exemption from this regulation. An equivalent level of safety will be achieved by having the UAS

manual in close proximity to the operator while the UAS is in use.

14 CFR 91.103 Preflight action

The regulation requires that a pilot in command shall complete certain preflight actions before beginning a flight, 

including preparations relating to an approved Airplane or Rotorcraft Flight Manual.

As an FAA approved Airplane or Rotorcraft Flight manual will not be used, an exemption is requested. 

The operator will take whatever measures are necessary to ensure an equivalent level of safety before

commencing operation of the UAS, such as reviewing weather and planned flight area (avoiding airports, 

emergency response efforts, sporting events, and other congested areas), checking battery status, and reviewing 

the UAS for signs of damage that could impair flight. Additionally, the eBee and the eXom automatically run 

sequences of pre-flight tests to make sure that every critical part is operating properly. If a critical problem is 

detected, the UAS will not take off. The Phantom 2 also catalogs errors and will notify the operator via LED 

indicators if the aircraft cannot fly.

14 CFR 91.105 Flight crewmembers at stations

The regulation requires that during takeoff and landing, and while en route, each flight crewmember must be at 

the crewmember station with his or her safety belt fastened. 

As UAS operators will be on the ground at all times, GeoDesign requests exemption from this regulation. An 
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equivalent level of safety will be met by operating the UAS according to their individual operating manuals.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests

The regulation states that no person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls.

The UAS do not have dual controls, but as they are lightweight and limited range devices operated from the 

ground that do not carry passengers, equivalent level of safety can be maintained during training through 

adherence to the individual UAS operating manuals and/or the instructor providing training. 

14 CFR 91.119 Minimum safe altitudes: General

The regulation states that over sparsely populated areas, no person may operate an aircraft closer than 500 feet to 

any person, vessel, vehicle, or structure. 

As our UAS will be operating at a maximum of 400 feet above ground level, we request an exemption from this 

requirement.

GeoDesign will achieve an equivalent level of safety by:

• Obtaining permission from the appropriate site owners/officials before commencing operation of a UA, as 

well as briefing them regarding the planned flight area

• Not operating over congested areas or over any open-air assembly of persons

• Keeping the UAS within visual line of sight during flight operations

• Conducting pre-flight operations in the manner described under the section requesting exemption from 

14 CFR 91.103 above

14 CFR 91.121 Altimeter settings

This regulation 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.”

To provide an equivalent level of safety, the UAS automatically determine altitude via onboard equipment without 

need for operator input. 

14 CFR 91.151(a) Fuel requirements for flight in VFR conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

UAS are battery powered, so this regulation is inapplicable. An equivalent level of safety will be achieved by 

making certain prior to takeoff that the battery of the UAS has enough power to safely complete its flight plan.

Additionally, all 3 UAS will land automatically when a certain critical battery level is reached. 
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14 CFR 91.203(a) and (b) Civil aircraft: Certifications required.

The regulation provides as follows:

• No person may operate a civil aircraft unless it has within it an appropriate and current airworthiness 

certificate and registration certificate.

• 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. 

An equivalent level of safety will be achieved by keeping documents deemed appropriate for this aircraft by the 

FAA in close proximity to the operator at the ground control point. With regards to the registration number, it will 

be displayed in accordance with the FAA guidelines referenced in this petition under the section requesting 

exemption from 14 CFR 45.23 & 14 CFR 45.29.

14 CFR Subpart E 91.401-417 Maintenance, preventive maintenance, and alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require the aircraft to be 

“approved for return to service by a person authorized under 43.7” after maintenance and inspection. Section 

91.409 requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417 requires the 

owner or operator to keep records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

GeoDesign proposes that the maintenance of the UAS will be accomplished by the owner or the operator 

according to the individual manufacturer operating manuals. An equivalent level of safety will be achieved because 

the UAS are small in size, have a limited operating range, and are very lightweight.

The operator will ensure that the UAS is in working order prior to initiating flight and will perform required 

maintenance. Additionally, the operator is the person most familiar with the aircraft and is best suited to maintain 

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

Finally, as noted earlier, eBee and the eXom are self-diagnostic, and automatically run sequences of pre-flight tests 

to make sure that every critical part is operating properly. If a critical problem is detected, the UAS will not take 

off. The Phantom 2 also catalogs errors and will notify the operator via LED indicators if the aircraft cannot fly.
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Federal Register Summary:

GeoDesign, Inc. seeks exemption from the following FARs:

14 CFR 21 Subpart H

14 CFR 45.23 

14 CFR 45.29 

14 CFR 61.23 

14 CFR 61.3 

14 CFR 61.113(a) & (b)

14 CFR 61.133(a)

14 CFR 91.7(a) 

14 CFR 91.9 

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203(a) & (b)

14 CFR Subpart E 91.401-417 

This exemption is requested to authorize use of UAS for the following operations:

• Mine mapping and deposit characterization

• Mapping of earthwork at various project sites (both residential and commercial developments)

• Landslide characterization 

• Aerial photography