UNITED STATES OF AMERICA DEPARTMENT

OF TRANSPORTATION FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC.

REGARDING THE PETITION FROM: 

FLIGHT PROS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE

14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21

SECTIONS 61.3, 61.113(A)&(B), 61.133(A), 91.9 (B)(2), 91.103(B), 91.105, 91.109(A), 91.119, 91.121,

91.151(A), 91.203(A) &(B), 91.319(A)(1), 91.405, 91.407, 91.409, 91.417

CONCERNING OPERATION OF SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS)

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Regulatory Docket No. 

Submitted Electronically on

November 3, 2015

Flight Pros, LLC

Joseph Schmit, Owner

217 19 Ave N

Fargo, ND 58102
Exemption Request

To: United States Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

From: Flight Pros, LLC

Joseph Schmit

217 19 Ave N

Fargo, ND 58102

701-367-2905

joey@flightprosnd.com

Date: 3 November 2015

Re: Exemption request pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95 February 14, 2012.

In accordance with the FAA Modernization and Reform Act of 2012 (FMRA), Section 333 Special Rules for 

Certain Unmanned Aircraft Systems, Flight Pros, LLC seeks an exemption from Federal Aviation Regulations 

(FARs) restricting commercial operation of small Unmanned Aircraft Systems (sUAS). 

Flight Pros, LLC specifically requests exemption from FMRA and the procedures contained within 14 C.F.R. 11, 

Part 21, as well as other sections contained in Title 14 of the Code of Federal Regulations to permit commercial 

operation of sUAS under the conditions outlined in the following pages. Flight Pros, LLC also requsts exemption 

from such other FARs as the FAA deems appropriate to enable Flight Pros, LLC's requested operations. 

Flight Pros, LLC seeks exemption to permit commercial operations utilizing sUAS for aerial photography, aerial 

videography, aerial data collection, research and training. To obtain the aerial imagery, multiple sUAS will be 

used by Flight Pros, LLC and are listed on page 6 of the included documentation. Manuals for each sUAS will be 

provided upon request. 

The FAA may make any modifications it determines necessary in the granting of this Section 333 Exemption 

request. Flight Pros, LLC will submit any information necessary to satisfy FAA requirements for approval of this 

exemption request. 

Thank you, 

Joseph Schmit

Flight Pros, LLC

 2 
Table of Contents

Page

Glossary of Abbreviations & Terms................................................................................. 4

List of Attachments......................................................................................................... 4

Proposed List of Operations............................................................................................ 4

Proposed List of Small, Unmanned Aerial Systems (sUAS).............................................. 5

Summary of Proposed List of Small, Unmanned Aerial Systems (sUAS)........................... 5

Requested Exemptions from Regulations List................................................................. 6

Summary the FAA May Publish in the Federal Register ................................................... 6

Extent of Relief Flight Pros, LLC Seeks from Regulations................................................... 6

Public Interest................................................................................................................. 10

Privacy............................................................................................................................. 11

Conclusion....................................................................................................................... 11

 3 
Glossary of Abbreviations & Terms

AGL Above Ground Level

AMA Academy of Model Aeronautics

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station 

NAS National Airspace System 

NOTAM Notice to Airman

PIC Pilot in Command

sUAS Small, Unmanned Aircraft Systems

UAS Unmanned Aircraft System

VLOS Visual Line of Sight 

VFR Visual Flight Rules 

VO Visual Observer

List of Attachments

The following attachments are referenced in the request for exemption submitted by Flight Pros, LLC. These 

documents provide additional evidence in support of the petition to the FAA. Any other required documents 

necessary to meet FAA guidelines will be submitted upon request. 

Attachment A Academy of Model Aeronautics (AMA) Safety Code

Attachment B Phantom Pilot Training Manual

Attachment C Certificate of Liability Insurance (confidential submission)

Attachment D Flight Pros, LLC Operational Guidelines and Checklist (confidential submission)

Proposed List of sUAS Operations

Aerial photography, aerial videography, aerial data collection, research and training.

 4 
Proposed List of Small, Unmanned Aircraft Systems (sUAS)

Below is a list of sUAS to be utilized by Flight Pros, LLC for gathering aerial imagery, data, or for education, 

research or flight school training. Below the name of the sUAS is an example of a granted request using that 

specific sUAS in its documentation. Manuals for any sUAS will be provided upon request. 

1. DJI Phantom 3 Professional

• FAA Exemption No. 11481

2. Phantom II Vision+

• FAA Exemption No. 11481

3. DJI Inspire 1

• FAA Exemption No. 11481

4. DJI S900

• FAA Exemption No. 11400

5. DJI S1000+

• FAA Exemption No. 11752

6. Sensefly eBee

• FAA Exemption No. 11481

7. Sensefly eXom

• FAA Exemption No. 11263A

8. 2015 AgEagle

• FAA Exemption No. 11480

9. 3D Robotics X8-M

• FAA Exemption No. 12084

10. 3D Robotics Aero-M

• FAA Exemption No. 12084

11. Precision Hawk Lancaster III

• FAA Exemption No. 11711

12. Altavian Nova F6500

• FAA Exemption No. 11291

13. Altavian Nova 8400

• FAA Exemption No. 11292

14. Trimble UX5 HP

• FAA Exemption No. 12696

15. Trimble ZX5

• FAA Exemption No. 11110B

Summary of Proposed List of Small, Unmanned Aerial Systems (sUAS)

DJI Phantom 3 Professional, Phantom II Vision+, DJI Inspire 1, DJI S900, DJI S1000+, Sensefly eBee, Sensefly 

eXom, 2015 AgEagle, 3D Robotics X8-M, 3D Robotics Aero-M, Precision Hawk Lancaster III, Altavian Nova 

F6500, Altavian Nova 8400, Trimble UX5 HP, Trimble ZX5.

 5 
Regulation Exemptions List

Listed below are FAA regulations for which Flight Pros, LLC is seeking exemptions. Flight Pros, LLC also requests 

exemption from other FARs the FAA deems appropriate to enable sUAS operations. 

Flight Pros, LLC requests exemption from the following FARs:

• 14 C.F.R. 21, subpart H

• 14 C.F.R. 61.3

• 14 C.F.R. 61.113(a)&(b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.103(b)

• 14 C.F.R. 91.105

• 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121

• 14 C.F.R. 91.151(a)

• 14 C.F.R. 91.203(a) & (b)

• 14 C.F.R. 91.319(a)(1)

• 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417)

Summary the FAA May Publish in the Federal Register 

Flight Pros, LLC requests the grant of an exemption to the following specific sections of the Title 14 Code 

of federal Regulations which would allow it to operate sUAS for commercial use:

14 CFR 21, subpart H, 14 C.F.R Sections 61.3, 61.113(a)&(b), 61.133(a), 91.9 (b)(2), 91.103(b), 91.105,

91.109(a), 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.319(a)(1), 91.405, 91.407, 91.409, 91.417

Extent of Relief Flight Pros, LLC Seeks from Regulations

Flight Pros, LLC requests an exemption from the following regulations and any additional regulations that 

may apply to the operation of any sUAS listed in the Proposed List of Small, Unmanned Aircraft Systems 

(sUAS) (“Proposed List”) stated previously in this document. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its light 

weight, and the limited operating area associated with its utilization, it is unnecessary to undergo 

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 

 6 
populated areas of the sUAS involved. An analysis of these different criteria demonstrates that the 

sUAS operated without an airworthiness certificate, under the conditions proposed in that 

exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness 

certificate.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations

The regulation 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 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;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the low size, weight, and speed, the operational limitations, and the range of the sUAS in the 

Proposed List, Flight Pros, LLC proposes that operators of the UAS should not be required to hold a 

commercial pilot certification. Instead, to provide and equivalent level of safety, operators are 

required to:

Hold at least an FAA issued private, recreational, or sport pilot certificate. All operators will either 

meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at

least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and 

issues pertinent to commercial operation of the sUAS contained in the Proposed List.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. 

Flight Pros, LLC proposes to provide an equivalent level of safety by maintaining a copy of all 

necessary documents used by the operator to ensure the safe operation and flight of the sUAS. 

Documentation of an exemption and necessary COAs will be on-site with the ground control station 

and accessible to the PIC during flight operations.

14 C.F.R. § 91.103: Preflight action

This regulation requires that each pilot in command shall, before beginning a flight, become familiar

with all available information concerning that flight. This information must include runway lengths 

 7 
at airports of intended use, and the following takeoff and landing distance information.

This regulation is not applicable due to the fact Flight Pros, LLC sUAS operations do not use 

components of traditional airfield, such as established runways to initiate or complete operations.

To provide an equivalent level of safety, the PIC will complete a preflight inspection as directed by 

the manufacturer’s manuals and Flight Pros, LLC sUAS checklist and operational guidelines. The PIC 

will also be responsible for determining the most appropriate takeoff and landing area for the sUAS.

 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls."

Dual controls are not standard for remote control (RC) aircraft. Instead, flight control of the sUAS is 

completed through using a handheld remote communicating with the sUAS through radio 

frequencies. In some instances of flight instruction, Flight Pros, LLC will use a dual control setup to 

allow the instructor to take over the sUAS at any time, but dual control configuration will not be the 

standard during normal operating procedures.

To provide an equivalent level of safety, there will be no pilot or passengers onboard the sUAS. The 

PIC and all persons involved in the flight instruction will be at a safe distance from the sUAS in case 

of difficulties or errors during flight instruction and within a controlled environment. 

14 C.F.R § 91.105: Flight Crewmembers at Stations

The regulation states that required crewmembers must be at their stations in the aircraft during 

specific portions of a flight.

This is not applicable since the sUAS carry no crewmembers. An equivalent level of safety will be 

maintained by ensuring that the PIC is identified prior to any flight and that the PIC does not change

during a flight. The PIC will maintain control of the sUAS for the duration of the flight and will 

maintain VLOS while remaining at the ground station. 

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the sUAS will be operating at a 

maximum of 400 feet AGL, these operations cannot comply with this requirement. The sUAS used 

during the proposed operations may at time be less than 500 feet away from structures and less 

than 500 feet away from people during operations, both conditions which require an exemption.

With the sUAS on the Proposed List being of small size, weighing below 55 lbs, and operating at 

speeds below 80 knots, we will be able to provide an equivalent level of safety when operating at a 

lower altitude AGL. Additionally the sUAS will be operated in a defined and relatively small AOI 

while maintaining VLOS with the PIC. 

All property owners and participants will have advance notice and awareness of planned flight 

operations. The PIC will not complete a mission without the permission of the property owner 

 8 
and/or local officials. The aircraft will be operated at an altitude below 400 feet AGL , which will not

interfere with other aircraft subject to the minimum safe altitude regulations and will allow an 

emergency landing capability in case of component failure.

In addition, Flight Pros, LLC will hold liability insurance during operations. 

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current

reported altimeter setting of an appropriate available station;

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the sUAS utilize a GPS system, barometric pressure sensors, 

and internal gyroscopes to calculate the altitude. The altitude, speed, heading information, and 

distance from the PIC are viewable to the PIC at the ground station. 

14 C.F.R. § 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.

An equivalent level of safety will be achieved by limiting flights with multirotor sUAS to 25 minutes or 

25% of battery power, whichever happens first, and limiting flights with fixed-wing sUAS to 55 minutes 

or 25% of battery power, whichever happens first. Warning levels, both visual and audio, are set on the

ground station software and on each sUAS to alert the PIC at 30% battery life, which will ensure time 

for the PIC to complete or abort the sUAS mission. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

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

airworthiness 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.

To obtain an equivalent level of safety and meet the intent of 91.203, Flight Pros, LLC proposes to 

maintain a copy of all documents used by the operator to ensure the safe operation and flight of the 

 9 
sUAS as well as documentation of an exemption and COAs with the ground control station, which will 

be available to the Administrator or any law enforcement official upon request.

14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) - Maintenance, Preventive

Maintenance, and Alterations

We are seeking an exemption from the maintenance inspection requirements of 14 C.F.R. §§

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and 

inspection standards are only applicable to aircraft with an airworthiness certificate. Since the 

proposed sUAS will not have such a certificate, an exemption to this regulation is required.

An equivalent level of safety will be achieved by performing maintenance and inspections according to 

the owner and operational manuals provided for each sUAS. All maintenance, whether it be routine 

maintenance or because of component failure or damage, will be recorded in a log book. All 

maintenance will be conducted and logged in accordance with the manufacturer’s specifications. 

If mechanical issues arise during a mission, the PIC will abort the mission immediately and land the 

sUAS. Personnel of Flight Pros, LLC will conduct all routine maintenance of the sUAS. For maintenance 

stemming from the results of a total loss of the sUAS or for extreme alterations, the sUAS will be 

shipped directly to the manufacturer or distributor of the sUAS. 

Public Interest

Today's current methods of gathering aerial photography and commercial aerial inspection require the use 

of a certified manned aircraft or a certified manned helicopter and a pilot with a FAA Commercial Pilot 

License. A low flying aircraft or a low altitude helicopter (operating in strict compliance with existing FAA 

regulations) hovering and circling over a small confined area creates an inherent safety risk. Manned lowaltitude aircraft can also create a nuisance of noise pollution in the affected area. 

In the case of surveying stockpiles and uneven parcels of land, sUAS are able to capture imagery from a 

relatively low-altitude, with the PIC and VO stationary. By using sUAS, workers will not risk their safety by 

climbing unsafe structures, stockpiles or uneven land and will still gather the required site information. 

The use of a sUAS rather than a manned aircraft in such applications will further the public interest in 

several areas including but not limited to the following:

1) The sUAS carries no passengers, pilot or crew, thereby increasing pilot, passenger and worker safety.

2) The sUAS carries no flammable fuel, increasing safety to the public.

3) The sUAS has a lower noise pollution than manned low-altitude aircraft.

4) The sUAS has fewer emissions, reducing the environment impact over traditional manned aircraft.

5) The sUAS is less expensive to operate than a traditional manned aircraft thereby decreasing the cost of 

imagery, providing companies the option to inspect and re-visit project sites more frequently, more 

thoroughly, and thereby increase public welfare.

6) The sUAS is less expensive than a manned aircraft, allowing more crews to operate simultaneously.

7) The sUAS may be capable of responding quicker to applications such as emergency search and rescue or 

 disaster assistance than manned aircraft, increasing public welfare. 

8) The sUAS is able to capture better imagery because they operate at a lower altitude than manned 

aircraft, providing details otherwise difficult to obtain with traditional aircraft methods.

 10 
Privacy

All sUAS flights operate in a tightly controlled area, at altitude of less than 400 feet AGL and over private or 

controlled property with permission of the property owner. sUAS operated by Flight Pros, LLC within the 

operating parameters outlined within this document as well as the operational manuals, operational 

guidelines and checklists provided as attachments, present no risk to the privacy of the public.

Conclusion 

Flight Pros, LLC aims to be a drone service company that provides safe, reliable and timely service. We are 

also going to help customers, teachers, students and other interested parties understand the rules and 

regulations of sUAS operations through flight school training. Because of these goals and our understanding 

of the rules and regulations of commercial sUAS, we are asking for exemption to provide commercial sUAS 

services for aerial photography, aerial videography, aerial data collection, research and training. 

Flight Pros, LLC has provided in this request sUAS operations for commercial flight, which, as outlined:

1) Will provide an equivalent level of safety as certified manned aircraft.

2) Will not adversely affect safety in the National Airspace System while operating at low altitudes.

3) Will increase worker safety.

4) Will reduce airborne noise.

5) Will not pose a hazard the public. 

6) Will present no risk to public privacy.

7) Will provide an economic benefit to the public.

8) Are in the interest of the public.

The FAA's authority to issue exemptions from current operating rules and regulations, and the Secretary's 

authority granted by section 333 of P.L. 112-95 (Special Rules for Certain Unmanned Aircraft Systems) 

provides an opportunity to authorize certain sUAS operations into the National Airspace System (NAS) prior 

to implementation of the final sUAS rule.

Granting this Section 333 exemption request for Flight Pros, LLC of commercial operation of sUAS within the 

operating parameters outlined within the document is in the interest of the public. 

Respectfully Submitted, 

Joseph Schmit

Flight Pros, LLC

 11