June 11, 2015

Exemption No. 11800

Regulatory Docket No. FAA–2015–1020

Mr. John Irving

President

Drone Surveys and Reports

2905 Destin Drive

Denton, TX 76205

Dear Mr. Irving:

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 30, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Drone Surveys and Reports (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and survey.

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 the DJI Phantom 2 Vision+ and a DJI Inspire 1.

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 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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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 collection1. 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, Drone Surveys and Reports 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. This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Drone Surveys and Reports is hereafter referred to as the operator.

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 Phantom 2 

Vision+ and the DJI Inspire 1 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 

not 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, 
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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 

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.
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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 

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 five 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.
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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.

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.
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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.

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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Drone Surveys and Reports

March 30, 2015 Page 1 of 10

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the

Federal Aviation Regulations, Seeking Exemption from:

14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 

C.F.R. § 45.27; 14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.l 19(c); 14 C.F.R. 

§ 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 

14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b).

THE AIRCRAFT

DRONE SURVEYS AND REPORTS specifically proposes to conduct aerial 

photography and survey for real estate and various industries with UASs 

including the DJI Phantom and Inspire series rotorcraft.

Dear Sir or Madam:

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

DRONE SURVEYS AND REPORTS (the operator), John Irving (the applicant), planned 

operator of Small Unmanned Aircraft Systems (UASs) equipped to conduct aerial photography 

and survey for real estate and various industries, hereby applies for an exemption from Federal 

Aviation Regulations (FARs) to allow commercial operation of their UASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

This requested exemption follows the language of exemptions Pursuant to Section 333 that have 

previously been approved by the FAA.

As described more fully below, the requested exemption would permit the operation of UASs by 

the applicant for commercial use that would provide the following benefits:

1. Operations would be performed in an area of operation limited in size suitable to the specific 

use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and property in the 

air and on the ground.

3. The operator would reasonably limit or control access to provide safety to those not involved 

in the operation.

4. Operation of a sUAS would provide significant safety, environmental and other

enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a Private grade or higher pilot certificate would operate the 

sUAS or an FAA licensed airman with a Commercial grade or higher pilot certificate would 

directly supervise the operation (as per Exemption No. 11157).

6. Provide a beneficial and currently unavailable service to government organizations and the 

general public that would serve the public interest.
Drone Surveys and Reports

March 30, 2015 Page 2 of 10

Approval of this exemption would thereby enhance safety and fulfil 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” Section 333(c) of the 

Reform Act.

It is possible to operate UASs so to not create a hazard to users of the National Airspace System 

(NAS), the public or pose a threat to national security if done so safely and responsibly. The 

applicant has demonstrated their willingness to act safely and responsibly by not engaging in 

commercial sUAS operations. The applicant currently holds an FAA Airline Transport Pilot 

Certificate (ATP 1989977) Airplane Multi-Engine Land, and ATP Rotorcraft Helicopter and a 

current FAA Flight Instructor Certificate (CFI) (Airplane Single and Multi-engine, RotorcraftHelicopter, Instrument). This demonstrates that the applicant has a high regard to safe operations, 

as well as a necessary high-level understanding of the NAS and FARs. The experience these two 

FAA certificates represent, serves to add significantly to the level of safety in any operation 

performed by the applicant or the applicant’s employees.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics of sUAS and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or higher level of safety to operations under the current 

regulatory structure as the proposed operations represent a safety enhancement to the already 

safe aerial commercial photography and survey operations conducted with conventional aircraft. 

The UASs planned to be operated are rotorcraft, each weighing 55 or fewer pounds including 

payload. They would operate, under normal conditions, at a speed of no more than 87 knots. 

Operations will be performed by a qualified sUAS PIC, as outlined below, to insure that the 

sUAS will “not create a hazard to users of the national airspace system or the public.” Given the 

small size of the UASs involved and the pre-planned environment within which they will 

operate, the applicant believes that these operations fall squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UASs to commence immediately. Also, operation in a 

researched (to include applicable NOTAMs), pre-defined area will prevent the possibility of a 

national security issue. The operation of UASs by knowledgeable professionals with experience 

in the NAS will serve to enhance safety, add to the public benefit and reduce environmental 

impacts related to current methods of aerial photography and survey.

Listed below are the limitations and conditions to which the operator, or its employees, acting as

sUAS PIC agrees to be bound when conducting commercial operations under an FAA

issued exemption:

1. Safety will be the first and foremost consideration in any sUAS operation.

2. The sUAS pilot will be an FAA licensed airman with at least a Private Pilot

certificate or the sUAS pilot will be directly supervised by an FAA licensed airman

with at least a Commercial Pilot certificate (as per Exemption No. 11157).

3. The sUAS FAA licensed airman will be considered Pilot in Command (PIC),

whether flying or supervising, and will be responsible for safe operation of the

flight.
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March 30, 2015 Page 3 of 10

4. Flights will be operated within visual line of sight (VLOS) of the PIC and visual 

observer (VO).

5. The sUAS will weigh less than 55 lbs total.

6. Flights will be operated in Class G airspace whenever possible. If operation in

other airspace is required, the relevant controlling agency will be notified at least

24 hours prior to the operation and, if required, any necessary permission

obtained.

7. Flights will be operated under visibility and cloud clearance requirements

equivalent to Visual Flight Rules (VFR).

8. The sUAS will at all times give way to any aircraft carrying persons.

9. Minimum crew for each operation will consist of the sUAS PIC and visual observer 

(VO). The observer and PIC will at all times be able to communicate by voice.

10. Prior to a sUAS flight, an area of operation will be established. This area of

operation will include a defined lateral and vertical area, where the sUAS will

operate. Safety procedures will be established for persons, property and

applicable airspace within the area of operation.

11. Flight planning will include flight completion with at least 20% battery power

remaining as measured by the sUAS or appropriate timing.

12. The sUAS aircraft used will utilize GPS navigation, failsafe, return-to-home (RTH) 

and/or flight abort safety features.

13. A briefing will be conducted in regard to the planned sUAS operations prior to

operation at each new location. All personnel who will be performing duties within the 

boundaries of the area of operation will be present for this briefing.

14. All required permissions and permits will be obtained from appropriate state, county 

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

governmental agencies.

15. Written (to include electronic, and/or oral) permission from the relevant property

owners will be obtained prior to an operation.

16. The sUAS pilot will be trained in advance for the safe operation of the sUAS to be 

operated. This training will include a minimum of 100 takeoff/landing cycles, 25 hours of 

total time as a UAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a 

similar sUAS type. Prior to operations the PIC will have accumulated and logged a 

minimum of 5 hours as sUAS pilot operating the make and model of sUAS as well as 3 

takeoffs and landings in the proceeding 90 days. Specific training will include normal and 

emergency modes of operation and will include familiarization with the operation manual 

published by the sUAS manufacturer. Training will also include types of maneuvers to be 

performed during operations including safe operation in relation to persons, property and 

applicable airspace.

17.The sUAS PIC will establish a working relationship with a representative at the local 

FSDO with which to annually review safety procedures and other operations to further

enhance safety.

18. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 

sUAS, the sUAS will not be operated until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. The Ground Control 
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March 30, 2015 Page 4 of 10

Station will be included in the preflight inspection. All maintenance and alterations will

be properly documented in the aircraft records. 

19. Any sUAS that has undergone maintenance or alterations that affect the sUAS

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

undergo a functional test flight. The PIC who conducts the functional test flight will

make an entry in the aircraft records. 

20. The pre-flight inspection section in the operating documents will account for all 

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

covered in the relevant sections of the operating documents. 

21. The operator will follow the sUAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

22. The operator will carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts will be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the sUAS to service. 

23. Each sUAS operated under this exemption will comply with all manufacturer Safety 

Bulletins. 

24. The authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

It is the applicant’s belief that the size, speed, operating environment, limitations and

level of applicant’s experience in the NAS outlined provides an “equivalent level of

safety” or better when operating a sUAS for the public interest as outlined in Section 333

in the FAA Modernization and Reform Act of 2012. It is requested that the FAA issue an

exemption to permit safe, legal, commercial sUAS operation by the applicant as soon as

possible.

Sincerely,

John Irving, President

ATP & CFI Airplane MEL, 

Rotorcraft Helicopter, Instrument

DRONE SURVEYS AND REPORTS

2905 Destin Dr.

Denton, TX 76205

530-210-5798
Drone Surveys and Reports

March 30, 2015 Page 5 of 10

Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

DRONE SURVEYS AND REPORTS, requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation of UASs:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for sUAS, we request an 

experimental certificate be issued for the UASs operated by the applicant under either or both of 

the following provisions: 21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational 

requirements. Combined with the fact that any aircraft operated would be light weight and is 

constructed primarily out of plastic, we propose that a sUAS will be at least as safe, if not safer, 

than a conventionally certificated aircraft performing the same function.

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

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

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so 

that it is legible to passengers or crew.” A sUAS is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent 

level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for 

this aircraft by the FAA will be co-located with the crew at the ground control station and 

available for inspection upon request. In order to identify the aircraft, we propose the use of the 

sUAS’ unique manufacturers serial number, and a contact telephone number be mounted on the 

sUAS on a placard of reasonable size in relation to the sUAS. In the event that a unique

manufacturers serial number is not available, the previously mentioned placard will be affixed to 

the sUAS consisting of the model name and number of the sUAS, as well as a contact telephone 

number.
Drone Surveys and Reports

March 30, 2015 Page 6 of 10

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

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

number in letters 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. A sUAS does not have an entrance in which the word “EXPERIMENTAL” can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word “EXPERIMENTAL” on the top or 

side of the aircraft, in the form of a placard. The label will be of a size that will not overwhelm 

the aircraft, but will be reasonably readable to someone near the sUAS. The placard outlined in 

the previous paragraph will provide sufficient identifiability should someone discover the aircraft 

on the ground.

14 CFR 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. The intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to 

this requirement since the sUAS cannot carry such a manual, and if the sUAS did carry such 

manual, it would be unavailable to the crew for review. To obtain an equivalent level of safety 

and meet the intent of 91.9, we propose that a current, sUAS operation manual or equivalent be 

available the crew at the ground station anytime the aircraft is in, or preparing for, flight.

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

tests.

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.” The controls for a sUAS do 

not currently have a set of fully functioning dual controls. If a sUAS 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 “throw-over 

type” control wheel in some fixed wing aircraft. We feel that this technique meets the intent of 

91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

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 typical mission of this sUAS

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, sUAS 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. 

14 CFR 9l.l21Altimeter settings.

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

setting available within 100 nautical miles of the aircraft. The sUAS will always fly below 500 

feet AGL, and in line of sight of the PIC and visual observer (VO). This line of sight operation 
Drone Surveys and Reports

March 30, 2015 Page 7 of 10

will provide separation from other aircraft, obstructions and terrain, and would override the use 

of an altimeter for such a purpose. We feel that this will provide an equivalent level of safety.

14 CFR 91.151 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. 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. The close 

proximity to the ground station, the ability for both rotorcraft and small fixed wing aircraft to 

land in a very small space and the built in energy level monitoring of the sUAS we feel provide 

an 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 Subpart E (91.401 -91.4171- 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 part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be “approved for return to service by a person authorized under 43.7”

after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Prior to 

every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy condition. Any 

general maintenance procedures or replacement of consumable items outlined by the sUAS

manufacturer, if applicable, will be complied with by the PIC. In no circumstance will a sUAS

be operated in a condition that is deemed, or suspected to be, unsafe. If such a determination is 

reached, and the problem cannot be remedied to the satisfaction of the PIC, the sUAS will not be 

operated until consulting with the manufacturer or one of its authorized dealers to complete 

necessary repairs. We feel that due to the size, construction, and simplicity of the aircraft, the 

PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer

Medical.

This policy provides that both the PIC and observer must have a valid FAA second-class medical 

certificate issued under Part 67 in order to perform as a pilot or observer. Requiring the crew to 

meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft 

is an unnecessary burden. We propose that the minimum medical requirements for the PIC be a 

valid FAA third-class medical certificate and for the visual observer (VO) be vision corrected to 

20/20 and a valid, state-issued driver’s license. The risk of both the PIC and observer becoming 

incapacitated at the same time and suddenly is very low. Further, since the sUAS is operating 

close to the ground, it could be brought in for landing in a very short time if incapacitation was 

suspected. Finally, the UASs used will be equipped with an automatic return to home feature 

which would provide a final level of safety. We feel this would provide an equivalent level of 

safety.
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March 30, 2015 Page 8 of 10

FLIGHT RESTRICTIONS 

(a) No flight will be made with a sUAS Gross weight exceeding 55 pounds; 

(b) Most operations will occur in FAA Class G airspace at no more than 500’ AGL, at an airspeed of 

no more than 87 knots and within visual line of sight (VLOS) of the PIC; 

(c) All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate 

verbally at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the property 

owner; 

(e) The PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a 

minimum of 100 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least ten 

hours logged as a sUAS pilot with a similar sUAS type; 5 hours as sUAS pilot operating the make 

and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 days.

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The sUAS System will not be operated over densely populated areas; 

(h) The sUAS System will not be operated at air shows; 

(i) The sUAS System will not be operated over any open-air assembly of people; 

(j) The sUAS System will not be operated over heavily trafficked roads; 

(k) The sUAS System will not be operated within 5 NM of an airport or heliport unless the operator 

has a CoA with the airport operator and within 48 hours, but not more than 72 hours issues an 

appropriate NOTAM; 

(l) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(m) The PIC will brief the VO and property owner about the operation and risk before the first flight 

at each new location; 

(n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the sUAS is in a condition safe for flight.

PRE-FLIGHT CHECKLIST 

(1) Determine that sUAS battery is fully charged in order to prevent unexpected premature descent; 

(2) Check all wiring connections are tight; 

(3) Check all propellers are undamaged and no cracks exist in any structural members of the sUAS; 

(5) Turn on radio controller, check for adequate voltage, set it to connect to the sUAS, move all 

control switches the appropriate preflight position; 

(6) Connect the sUAS main battery, check for radio contact with sUAS’s radio receiver; 

(7) At a location different from previous flight, re-set GPS and compass to current location; 

(8) Turn on transmitter, gimbal and camera. 

OPERATING DOCUMENTS

Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 

14 C.F.R. § l l .35(b) as they contain proprietary information that Petitioner has not and will not 

share with others. The documents contain operating conditions and procedures that are not 

available to the public and are protected from release under the Freedom of Information Act, 5 

U.S.C. § 552.
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March 30, 2015 Page 9 of 10

The petition and the following supporting documentation are referred to as the operating 

documents:

1) Training Syllabus including:

Cautions, Warnings, Basic Flight Maneuvers, Advanced Flight Maneuvers as per 

the DJI Pilot Training Guide and Mission Specific Flight Maneuvers 

2) Operations Manual including: 

Phantom 2 Vision Plus User Manual:

Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

Phantom 2 Vision Plus Pilot Training Guide:

Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf

Smart Flight Battery Safety Guidelines

Smart_Flight_Battery_Safety_Guidelines.pdf

Inspire 1 User Manual

Inspire_1_User_Manual_v1.0_en.pdf

Inspire 1 Maintenance Manual

Inspire_1_Maintenance_ManualV1.0_en.pdf

Inspire 1 Safety Guidelines

Inspire_1_Safety_Guidelines_en.pdf

Intelligent Flight Battery Safety Guidelines

Intelligent_Flight_Battery_Safety_Guidelines_en.pdf

3) Forms including:

Drone Surveys and Reports Flight Authorization form

Drone Surveys and Reports Job Safety Assessment form

Drone Surveys and Reports Preflight Briefing Sheet

Drone Surveys and Reports Aircraft Flight Log And Maintenance Record

Drone Surveys and Reports UAS Defect Sheet

Materials to be readily available to the PIC:

Operations Manual including: 

 Phantom 2 Vision Plus User Manual:

 Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

 Phantom 2 Vision Plus Pilot Training Guide:

 Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.pdf

 Smart Flight Battery Safety Guidelines

 Smart_Flight_Battery_Safety_Guidelines.pdf

 Inspire 1 User Manual

 Inspire_1_User_Manual_v1.0_en.pdf

 Inspire 1 Maintenance Manual

 Inspire_1_Maintenance_ManualV1.0_en.pdf

 Inspire 1 Safety Guidelines

 Inspire_1_Safety_Guidelines_en.pdf

 Intelligent Flight Battery Safety Guidelines

 Intelligent_Flight_Battery_Safety_Guidelines_en.pdf
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March 30, 2015 Page 10 of 10

 Sectional and TAC Aeronautical charts

 sUAS logbook and Defect Sheet(s)

 Personal pilot logbook

Petitioner submits its Operations Manual and Training Syllabus as 

Confidential documents under 14 C.F.R. § l l .35(b) as they contain 

proprietary information that Petitioner has not and will not share with 

others. The documents contain operating conditions and procedures that are 

not available to the public and are protected from release under the Freedom 

of Information Act, 5 U.S.C. § 552.

CONCLUSION

Satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, 

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

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

exemption allowing operation of Petitioner's sUAS for aerial photography and survey for real estate 

and real estate and various industries pursuant to the Operations Manual. 

Please do not hesitate to contact 

John Irving

captjohnirving@yahoo.com

530-210-5798

with any questions about this filing.

Sincerely,

John Irving

ATP CFI 1989977

CEO Drone Surveys and Reports

Attachments: 

Drone Surveys and Reports Confidential Operations Manual, 

Drone Surveys and Reports Training Syllabus

All relevant forms