James C. Watson -Carolina Drone Works, LLC 

17111 Claret Ct. 

Cornelius, NC 28031 

704.621.5734 

Docket Operations, M-30 

U.S. Department of Transportation 

Room W12-140, West Building Ground Floor 

1200 New Jersey Avenue, SE. 

Washington, DC 20590-0001 

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

Regulations 

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F .R. Part 11, I, James C. Watson, organizer of Carolina Drone Works, LLC, seek an exemption from 

Federal Aviation Regulations to allow commercial operations of UAS's for the purpose of conducting 

aerial photography, video, and survey for various industries in the Carolinas. 

Unmanned Aircraft Systems 

1. The requested exemption would support an application for a commercial Certificate of 

Authorization to use the following described UAS, as long as operations are conducted within 

and under the conditions outlined or as may be established by the FAA as required by Section 

333. like the FAA, it is the Operator's mission to provide the safest and most efficient means of 

Civil Commercial implementation into the National Airspace System. Furthermore, the Operator 

is comprised of members with a FAA Commercial Pilot Certificate or higher adding an additional 

layer of safety for operations as well as the necessary high-level of understanding and respect of 

the NAS and FARs. 

• DJI Phantom 3 Professional- Reference Phantom 3 Professional User Manual version 1.2 

•The Phantom 3 Professional is a quadcopter UAS capable of capturing 4K video and 

transmitting an HD video signal to a ground station. The built-in camera has an 

integrated gimbal to maximize stability and weight efficiency while minimizing space. 

When no GPS signal is available, Vision Positioning technology provides hovering 

precision. 

2. Reference Phantom 3 Professional User Manual (EN) v1.2 [FCC Compliance- Appendix Pg. 62] 

Unmanned Aircraft PIC 

3. Operator proposes to operate its UASs with a pilot holding, at a minimum, a private pilot 

certificate. 
• The UAS PIC will be trained in advance for the safe operation of the UAS to be operated. This 

will include operation of the UAS both in normal and emergency procedures, and will include 

familiarization with the user manual published by the UAS manufacturer. Training will also 

include types of maneuvers to be performed and the safe operation in relation to persons, 

property and applicable airspace. 

•The PIC must have accumulated a minimum of 100 flight cycles and 25 hours of total 

time as a UAS pilot and at least 10 hours logged as a UAS's pilot with a similar UAS type. 

• All operations must utilize Visual Observers (VOs). VOs who are not pilots will attend ground 

training to understand the roles of an observer, communication procedures, and proper visual 

scan techniques, operations at non-towered airports, and appropriate sections of the 

Aeronautical Information Manual. 

4. The PIC must possess at least a third-class airman medical certificate for all of petitioner's flight 

operations. 

Operation of the Unmanned Aircraft Systems 

5. Operator proposes Civil Commercial operation of an UAS to operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

• Aerial video and/or photography for public and/or private use at public events. 

• Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

• Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, and cell towers. 

• Aerial video/photography or providing live video feed (so as long as all other parameters are 

met contained herein) to assist with search and rescue operations in cases of an emergency or 

natural disaster only when the local authorities or government has requested it by contract or 

donation. 

• The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System as well as for the 

protection of the persons and property. 

•For additional operator adherence: Reference- Phantom 3 Safety Guidelines and 

Disclaimer. 

6. The UAS may not be flown at an indicated airspeed exceeding 29 knots. The UAS must be 

operated at an altitude of no more than 400 feet AGL. 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. 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. 

• A briefing will be performed regarding the planned UAS operations prior to each day's flight 

consisting of all the days' production activities. 

• Flights will be terminated at 20% battery power. 

7. As described fully above, the requested exemption would permit the operation of an UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) 

will provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act's safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 

8. The UAS may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with the airport's 

management is obtained, and the operation is conducted in accordance with a Notice to Airmen 

(NOT AM), as required by the operator's COA. 

9. The UAS 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. 

10. Reference- Phantom 3 Safety Guidelines and Disclaimer 

11. Operator's Point of Contact 

Charlotte FSDO 

3800 Arco Corporate Drive 

Suite 233 

Charlotte, NC 28273 

12. Operator will obtain required COAs once exemption is granted. 

Exemption Requests and Equivalent Level of Safety 
14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a) (1) 

Based on the limited size, weight, operating conditions, design safety features, and the imposed 

conditions and limitations, the operator has demonstrated that its operations would not adversely affect 

safety compared to similar operations conducted with aircraft that have been issued an airworthiness 

certificate under 14 CFR part 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, Exemption 

11062, the requested relief from 14 CFR Part 21, and any associated noise certification and testing 

requirements of part 36, is not necessary. 

14 CFR § 45.23 (b)- Display of marks 

Since Operator's UAS has no entrance to the cabin, cockpit, or pilot station on which the markings can 

be placed, two inch lettering will be impossible. Official marking systems for small UAS have not yet 

been established for operations inside the NAS. The operator is prepared to mark the UAS with the 

name of the organization and location or origin and fulfill any other request by the FAA to this topic in 

accordance with 45.29 (f) where the pilot, observer, and others working with the sUAS will see the 

identification of the sUAS. The FAA has issued the following exemptions to this regulation, see 

Exemption Nos. 8738, 10167, 10167A and 10700. 

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations 

This regulation provides: 

(a) This regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. 

(b) This 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. 

All the requirements of a private pilot certificate will prepare the UAS operator for the environment that 

they will be operating in. 

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that 

a PIC with a private pilot certificate operating a UAS would not adversely affect operations in the NAS or 

present a hazard to persons or property on the ground. 

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness 

This regulation provides: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in 

condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur. 

While the operator's UAS will not require an airworthiness certificate, operator is required to ensure 

that its aircraft is in an airworthy condition- based on compliance with the operating documents prior 
to every flight. As previously determined with Astraeus Aerial, Exemption 11062, relevant materials may 

be kept in a location accessible to the PIC in compliance with the regulations. 

14 CFR § 91.9 (b) (2) -Civil Aircraft Flight Manual, marking, and placard requirements 

14 CFR § 91.203 (a) & (b) -Civil aircraft: Certifications required 

As previously determined with Astraeus Aerial, Exemption 11062, relief from these sections are not 

necessary. Relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations. 

14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain flight tests 

This 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." 

The controls for a UAS do not currently have a set offully functioning dual controls. If a UAS's pilot is 

being trained, the pilot performing the training would be directly supervising and could take over the 

controls from the pilot in training if the need arose. This would be similar to the technique of a "throwover type" control wheel in some fixed wing aircraft. We feel that this technique meets the intent 91 

.109 and provides an equivalent level of safety. 

14 CFR § 91.119 - Minimum safe altitudes 

This 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 typical mission of this UAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only 

be flown over property or persons where permission has been obtained, and careful pre-planning has 

been performed. Further, UAS aircraft operate at a very slow airspeed, and a low mass, and do not need 

as much space to operate safely, as outlined in 91.119. We believe the slower speed, smaller mass and 

careful pre-planning would provide an equivalent level of safety. Furthermore, the operator can place 

barriers and/or structures to sufficiently protect nonparticipating person from the UA or debris in the 

event of an accident. 

14 CFR § 91.121 -Altimeter settings 

This regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 nautical miles of the aircraft. 

The UAS will normally be flying close to the ground, and in line of sight of the PIC or an observer. This 

line of sight operation will provide separation from other aircraft, obstructions and terrain providing an 

equivalent level of safety. Additionally, the altitude information generated by onboard GPS equipment 

installed on the aircraft will aid in estimating the altitude. 

14 CFR § 91.151 - Fuel requirements for flight in VFR conditions 
This 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. We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for 

a safe landing should there be a delay in landing. Given the close proximity to the ground station, the 

ability for the UAS to land in a very small space and the built in energy level monitoring of the UAS there 

is a resulting equivalent level of safety if the flight is planned to be completed with 20% battery energy 

remaining. We request an exemption to the word "fuel" and ask for an equivalent interpretation with 

the word "energy". 

14 CFR § 91.205 (b)- Powered civil aircraft with standard category U.S. airworthiness certificates: 

Instrument and equipment requirements 

Since the operator's UAS does not have a standard category U.S. airworthiness certificate, relief from 14 

CFR § 91.205 is not necessary. 

14 CFR § 91.215- ATC transponder and altitude reporting equipment and use 

Section 91.215 (b) (3) includes provision for aircraft not originally certificated with an engine-driven 

electrical system or which has not subsequently been certified with such a system installed. For UAS not 

equipped with a transponder, sub-paragraph (d) (3) authorizes requests for ATC authorized deviations 

made to the ATC facility having jurisdiction over the concerned airspace within the time periods 

specified. For operation of an aircraft that is not equipped with a transponder, the request must be 

made at least one hour before the proposed operation. 

14 CFR § 91.401-91.417- Maintenance, preventive maintenance, and alterations 

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

airworthy condition, including compliance with part 39 and 43. The operator believes that adherence to 

their documents containing preflight and post flight checks for the UAS is sufficient to ensure that safety 

is not adversely affected. 

Respectfully, 

James C. Watson -Owner, Carolina Drone Works, LLC 

Phone: 704.621.5734 

info@carolinadroneworks.com