31 July 2015

DPC Aero, LLC 

28981 Santiago Peak Ln

Trabuco Canyon, CA 92679

-Section 333 Exemption Petition 

U. S. Department of Transportation Docket Management Operations, M-30 1200, New 

Jersey Ave, SE Room W12-140, West Building Ground Floor, Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 

91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 

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

Dear Sir or Madam:

I Peter Cunningham, Owner and operator of DPC Aero LLC, am writing pursuant to the 

FAA Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that DPC Aero LLC, owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so 

that DPC Aero, may operate small ultra light weight unmanned aircraft system (“UAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

The requested exemption would permit the operation of small, unmanned and UAV’s 

under controlled conditions in airspace that is 1) limited 2) predetermined 3) Controlled 

as to access.

As described herein, DPC Aero, LLC has over 25 + years of experience with flying, 

building and safely operating recreational RC airplanes and helicopters. DPC LLC, has 

studied, built and repaired small and large commercial UAV’s over the past 17 months. 

I’m the sole pilot of my company and am a retired U.S. Air Force Helicopter Flight 

Engineer (MH-53M/J Pavelow and HH60-G Pavehawk). I have a high level of 

knowledge and respect for the aviation industry along with flight and ground safety. My 

sole UAV is the DJI Inspire 1. My choice for this UAV is the advanced safety systems 

that the DJI Inspire offers and with the exclusive set up with the combined flight 

systems, Flight Data Log systems and camera system, which allows safe, use for aerial 

videography/cinematography. This will enhance academic community awareness for 

those individuals and companies unfamiliar with the geographical layout of the Southern 

California area, and augment real estate listing videos; following exemption and 

approval by the FAA. Thereby enhancing their academic research experience for the 

Upstate Southern California area.

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Having flown small RC airplanes and helicopters for over twenty five (25) years without 

incident. Committed to safety with each flight. DPC Aero, LLC, exemption request would 

permit operation of ultra lightweight, unmanned (piloted by remote control) and 

comparatively inexpensive UAS(s) in tightly controlled and limited airspace. 

Predetermined in areas away from general public, airports, heliports and vehicular traffic 

for community videos, and within property boundaries for individual homeowner real 

estate listing videos/photos. Currently, unmonitored amateur hobbyists with no safety 

plan or controls in place to prevent catastrophe legally operate similar lightweight, 

remote controlled UAS’s.

I have developed my own personal operating procedures that I believe far exceeds the 

standards in place at this time. My vast aviation knowledge learned in the U.S. Air Force 

as an Aircraft Mechanic and also a U.S. Air Force Helicopter Flight Engineer over my 

long military aviation career give me great insight on the safe maintenance, preflight, 

thru flight, and post flight procedures insuring safe and proper operation at all times of 

my UAS system. My objective is to prevent public hazards and well as manned 

aircraft / catastrophe.

This will act to further provide safe protocols exclusive to lightweight UAS's specific to 

real estate video and photography usage as DPC Aero LLC, record flight data and other 

information gained through permitted flight operations to share with the FAA through any 

required FAA reports to assist with future protocol and safety regulation.

The name and address of the applicant is:

DPC Aero, LLC

Attn: Peter A Cunningham

Email Cunningham.peter.a@gmail.com

28981 Santiago Peak LN

Trabuco Canyon, Ca 92679

505-550-6398

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Regulations from which the exemption is requested: 

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 CFR 61.113(a);

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

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. 91.405 (a)

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace 

system (NAS) before completion of the rule making required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required to determine which 

types of UAV do not create a hazard to users of the NAS or the public or pose a threat 

to national security in light of the following:

• The UAV size, weight, speed, and operational capability;

• Operation of the UAV in close proximity to airports and populated areas; and 

• Operation of the UAV within visual line of sight of the operator

Reform Act§ 333(a). Lastly, if the Secretary determines that such vehicles "may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system." Applicant interprets this 

provision to place the duty on the Administrator to not only process applications for 

exemptions under section 333, but for the Administrator to craft conditions for the safe 

operation of the UAS, if it should be determined that the conditions set forth herein do 

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not fulfill the statutory requirements for approval. The Federal Aviation Act expressly 

grants the FAA the authority to issue exemptions. This statutory authority by its terms 

includes exempting civil aircraft, as the term is defined under §401 01 of the Act that 

includes UAV, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702- 44716 of 

this title if the

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 

49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

DPC Aeros UAV’s consist of manufacturer built 4 engine multirotor craft, weighing 55 or 

fewer lbs. including payload. They operate, under normal conditions, at a speed of no 

more than 50 knots and have the capability to hover, and move in the vertical and 

horizontal plane simultaneously. They will operate only in line of sight and will operate 

only within a small controlled area described

in the Confidential Operations Procedures, attached as Exhibit A (hereinafter 

"Procedures") Such operations will insure that the UAV will "not create a hazard to users 

of the national airspace system or the public.’'

Applicant submits this Procedure as a Confidential and Proprietary document under 14

CFR 11 .35 (b) as the entire Procedures contains proprietary information that the 

applicant has not and will not share with others. The Procedures contains operating 

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

release under the Freedom of Information Act 5 USC 552 et.seq. Given the small size of 

the UAV’s involved and the restricted controlled environment within which they will 

operate, the applicant falls 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 UAV’s to commence immediately. Also due to the size of the 

UAV’s and the controlled areas in which the relevant UAV’s will operate, approval of the 

application presents no national security issue. Given the following, the grant of the 

requested exemptions is clearly in the public interest:

• Clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended

• The level of safety surrounding the proposed operations that implement the use of HD 

and thermal imagining, and the significant public benefit

• Innovative reductions in physical dangers of personnel climbing towers (e.g., thermal 

imaging of active wasp/hornet nests, electrical “hot spots”...) and/or the use of highrise heavy equipment thus reduced emissions associated with allowing UAV’s 

operations.

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Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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

have the characteristics and that operate with the limitations listed herein. These 

limitations provide for an exceptional level of safety to operations. These limitations and 

conditions to which Greenville Drone agrees to be bound when conducting commercial 

operations under an FAA issued exemption include:

DJI Inspire 1 unmanned aircraft is designed to hover in place via GPS and operate in 

less than a 13 knot (15 mph) wind.

For safety, stability and fear of financial loss, I will not fly in winds exceeding 13 knot (15 

mph).

Built in safety systems include a GPS mode that allows my UAS to hover in place when 

radio controls are released.

With three programmable flights modes to choose from, I utilize the Safe Mode for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent 

accident and hazard.

When pilot communication is lost UAS is designed to slowly descend to point of take off.

No UAS operations near airports, Hospitals nor Police heliports, and do not operate 

near areas where general public is within fifty to one hundred (50-100) yards depending 

on location, conditions and weather.

I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and 

prepared to land/abort immediately to the nearest and safest ground point should a 

manned aircraft approach my location or If I suspect manned aircraft may approach 

near my location.

My UAS is capable of vertical and horizontal operations, and is flown only within my line 

of sight (VMC) of my location, as the remote control pilot.

Utilizing battery power rather than combustible fuels, flights generally last between ten 

(10) to fifteen (15) minutes, with an altitude under three hundred (300) feet

• DJI Inspire UAS weighs less than 7 pounds complete with gimbal and high resolution 

camera system including battery system;

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• I only operate my UAS below 350 feet (well within the 400 foot permissible ceiling set 

by the FAA Modernization and Reform Act of 2012);

• My UAS only operates for 10-15 minutes per flight;

• I land my UAS prior to manufacturer recommended minimum level of

battery power;

• I pilot my UAS through remote control only by line of sight (VMC), and with ground 

control spotter if and when needed for additional safety;

• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands

if communication with the remote control pilot is lost;

• I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols;

• I only operate in reasonably safe environment that are strictly controlled, are away 

from power lines, elevated lights, airports and actively populated areas;

• I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance;

• I always obtain all necessary permissions prior to operation; and,

I have procedures in place to abort flights in the event of safety breaches or potential 

danger.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1).

Given the size and limited operating area associated with the aircraft to be utilized by 

the Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAV. In all cases, an analysis of these criteria 

demonstrates that the UAV operated without an airworthiness certificate, in the 

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restricted environment and under the conditions proposed will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAV’s to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a controlled area as set out in the Procedures. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by 

the operator, pursuant to the Procedures requirements. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by 

the UAV, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness.

Given the size of the aircraft and the requirements contained in the Procedures for 

maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9(b)(2) provides:

No person may operate a U.S.-registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

The UAV, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the operator flying the UAV will have immediate access to it. 

The

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FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each operator to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. An equivalent level of safety will be provided as 

set forth in procedures. The operator will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

Section 91.103 provides 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.

UAV’s and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. 

The equivalent level of safety provided by the fact that neither a pilot nor passengers 

will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA.

As this exemption is for a UAV that is a helicopter and the exemption requests authority 

to operate at altitudes up to 400 AGL, an exemption may be needed to allow such 

operations.

As set forth herein, except for the limited conditions stated in the Procedures, the UAV 

will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, and speed of the 

UAV as well as the location where it is operated. In addition, the low- altitude operations 

of the UAV will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

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14 C.F.R. §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." As the 

UAV may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Procedures and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight.

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

Section 91 .151 (a) prohibits an individual from beginning "a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed - (1) During 

the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 

45 minutes.”

In ideal conditions the battery powering the UAV provides approximately 40 minutes of 

powered flight. To meet the 30-minute reserve requirement in 14 CFR §91 .151, UAV 

flights would be limited to approximately 10 minutes in length. Given the limitations on 

the UAV's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable.

Applicant believes that an exemption from 14 CFR §91 .151 (a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly 

controlled area, with less than 30 minutes of reserve fuel, does not engender the type of 

risks that Section 91 .151 (a) was intended to alleviate given the size and speed of the 

small UAS. Additionally, limiting UAV flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 

15 minutes or 15% of battery power whichever happens first. This restriction would be 

more than adequate to return the UAV to its planned landing zone from anywhere in its 

limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808.

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

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

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

The UAV fully loaded weighs no more than 55 lbs and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the UAV.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the operator flying the UAV will have immediate access to them, to 

the extent they are applicable to the UAV. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter." and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. The operator will accomplish 

maintenance pursuant to the flight manual and operating handbook as referenced in the 

Procedures. An equivalent level of safety will be achieved because these small UAV’s 

are very limited in size and will carry a small payload and operate only in controlled 

areas for limited periods of time. If mechanical issues arise the UAV can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Procedures, the operator will ensure that the UAV is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

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Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 

91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a small unmanned vehicle (55 lbs or less) for the purpose of inspection, 

monitoring, mapping and photographing attached equipment and engineering studies 

involving communication tower operations.

Approval of exemptions allowing commercial operations of UAV’s will create a level of 

safety by reducing risk. For example: Conventional tower structure inspections and 

associated tasks involve extreme risks to personnel physically climbing such structures 

and/or utilizing high rise equipment both of which create numerous and extreme risk to 

such personnel. In contrast, a UAV weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of that risk. The UAV will carry no passengers or crew 

and, therefore, will not expose personnel to any of the risks described above.

The operation of small UAV’s, weighing less than 55 lbs., conducted in the strict 

conditions outlined above, will provide a level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements 

of Part 21 and allowing commercial operations. These lightweight aircraft operate at 

slow speeds, close to the ground, and in a controlled environment.

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge.

The granting of this exemption request will provide innovative safety operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-- size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security - provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant's UAV in and pursuant to the Procedures appended hereto.

Conclusion

I, Peter Cunningham, CEO of DPC Aero, am requesting this exemption for the purposes 

of aerial photography and videography of real estate, bridge inspections, land 

surveying, pipeline inspections, tower inspections, and other flight operations.

The reason for such a general and broad based request is that I, Peter Cunningham, 

CEO DPC Aero, wish to utilize a business strategy in order to capitalize on opportunities 

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as they may arise in the future without the long turnaround time associated with 

additional exemptions.

My business model is based on the idea of offering small UAS services to individuals or 

companies who wish to employ these services as a safe, effective, and legal option to 

enhance their business or prevent structural disasters that may influence the general 

public or individuals.

My own research shows an upward demand for these services that currently exists in 

the real estate market, natural gas market and other markets are just beginning to 

realize the need for such services.

Respectfully,

Peter Cunningham

DPC Aero, LLC 

28981 Santiago Peak Ln 

Trabuco Canyon, Ca 29679

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