July 27, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Exemption petition under Section 333

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

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

(b); 14 C.F.R. 91.7 (a); 14 CFR 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 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 

91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b)

To Whom It May Concern:

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

Act) and 14 C.F.R Part 11, I, Mr. Zachary Pezzillo, an operator of a small Unmanned 

Aircraft System (“UAS”) for aerial photography, videography, surveying, mapping and 

photogrammetry, and scientific & environmental research, hereby apply for an exemption 

from the Federal Aviation Regulations (“FARs”) to allow for commercial operation of 

my UAS, 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.

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

small, unmanned, and relatively inexpensive UAS under controlled conditions in the 

National Airspace System (NAS) that is (1) limited, (2) predetermined, (3) subject to 

controlled access, and (4) provide greater safety in connection with aircraft operations. 

As established by the exemptions already granted by the FAA, approval of my exemption 

would 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.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Name: Zachary Damon Pezzillo (‘Petitioner’)

Address: 981 Kauhikoa Road

Haiku, Hawaii 96708

Phone: 808-281-0818

Email: zpezzillo@gmail.com
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 NAS before completion of the rulemaking required under Section 332 of the 

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

types of UASs 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 UAS’s size, weight, speed, and operational capability

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

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

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 defined 

under §40101 of the Act, which includes UASs, from the requirement that all civil 

aircraft must have a current airworthiness certificate. 

The UAS operated by myself weighs less than 55 pounds, including the payload (camera, 

lens, and gimbal). It operates at speeds of no more than 30 knots, can hover, and can 

simultaneously move vertically and horizontally. I will only operate the UAS in line of 

sight and will operate only within the sterile area. Such operations will insure that the 

UAS will “not create a hazard to users in the national airspace system of the public.”

I seek an exemption to operate the DJI Phantom 3 model UAS, a quadcopter, for 

compensation or hire within the NAS. Such activities include, but are not limited to, 

aerial photography and videography, aerial survey, aerial mapping and photogrammetry, 

and scientific & environmental research. The UAS has a maximum gross weight less than 

3 pounds, maximum speed of 35mph, and a run time of approximately 23 minutes. A 

copy of the operating handbook for this aircraft will be submitted with this exemption 

request. 

Given the small size of my UAS and the restricted sterile environment within which it 

will operate, the applicant falls squarely within the 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. Additionally, due to the size 

of the UAS and the limited areas in which they will operate, approval of this application 

presents no national security threat. Given the clear direction in Section 333 of the 

Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, reduction in environmental impacts, including 

reduced emissions associated with allowing UASs for photo and video commercial 

operations, the grant of the requested exemptions is in the public interest. Accordingly, I 

respectfully request that the FAA grant the requested exemption without delay. 
How my request would benefit the public as a whole

Aerial photography and videography for topographical awareness and real estate 

marketing or any legal business utilizing aerial imagery has been around for an extensive 

period of time and has been done with manned fixed wing aircraft and helicopters. For 

the small budget businessperson, the expense of such aerial imagery is enormously cost 

prohibitive. This deprives many small businesspersons from exploiting a valuable 

advertising tool. Manned aircraft also exposes a superior hazard to the public through 

conceivable cataclysmic crashes causing loss of property and or life. Unmanned Aircraft 

Systems pose no such hazards due to their size, speed, and nonexistence of flammable 

fuel. This significantly reduces any potential threat to the public. 

Also, providing aerial imagery of the community and surrounding areas to the public 

would promote awareness for the land we live on and help to promote conservation for 

our natural resources. 

Aircraft and Equivalent Level of Safety

I propose that the exemption requested apply to civil aircraft that have the characteristics 

and that operate with the limitations listed. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already 

safe aerial photography and videography operations conducted with conventional aircraft. 

These limitations and conditions to which I agree to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The UAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operation flight will be 20 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 20 

minute limit.

4. Flights will be operated at an altitude of no more that 400 feet AGL or not more 

than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the UAS Pilot and the Visual 

Observer

6. UAS Pilot will be Pilot in Command (PIC). If the PIC deems another operator to 

be qualified with the necessary skills to be PIC, that person can also be designated 

as PIC provided they have a minimum of 50 hours of flight time with the UAS.

7. Flights will be conducted at a lateral distance of at least 50 feet from any 

inhabited structures, buildings, vehicles, vessels, or people not associated with the 

operation or who have not signed a waiver in advance of the operation. 

8. A briefing will be conducted in regard to the planned UAS operations prior to 

each day’s production activities. It will be mandatory that all personnel involved 
with the operation duties of the flight within the boundaries of the safety 

perimeter be present for this briefing. 

9. For photography and videography missions, the operator will file a written Plan of 

Activities to the FSDO three days before the proposed mission. This Plan of 

Activities will include:

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

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

10. Pilot and Observer will be trained in operation of UAS generally and receive up to 

date information on the particular UAS to be operated. 

11. All crew members will at all times be able to communicate by only voice 

communications as to ensure all crew members maintain a visual contact with the 

UAS at all times.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. If the UAS loses communications or loses its GPS signal, it will have the 

capability to return to a pre-determined location within the security perimeter and 

land.

14. The UAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies. 

The specific section or sections of 14 Code of Federal Regulations (CFR) from which 

I seek an exemption:

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)
14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required b 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 

USC§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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the 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 UAS to be operated hereunder is less than 55 lbs. full loaded, carries neither pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements, to provide security

for the area of operation as is now done with conventional filming. The FAA will have 

advance notice of all operations. These safety enhancements, which already apply to civil 

aircraft operated in connection with motion picture and television production, provide a 

greater degree of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UAS, 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 CFR § 45.23 (b) Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 
aircraft or experimental or provisionally certificated aircraft, the operator must 

also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional” as applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit, or pilot station on which 

the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29.

The equivalent level of safety will be provided by having the UAS marked on its fuselage 

as required by §45.29 (f) where the pilot, observer, and others working with the UAS will 

see the identification of the UAS as “Experimental.” The FAA has issued the follow 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167, and 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft 

to have no less than 50 hours of flight time with the UAS. Unlike a conventional aircraft 

that carries the pilot and passengers, the UAS is remotely controlled with no living thing 

on board. The area of operation is controlled and restricted, and all flights are planned 

and coordinated in advance.

14 CFR §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 

Manufacturers Operating Manual for maintenance and use of safety checklists prior to 

each flight, an equivalent level of safety will be provided. 

14 CFR §91.9 (b) 2: Civil Aircraft Flight Manual In The Aircraft

Section 91.9 (b) 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 UAS, 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 pilot flying the UAS will have immediate access to it. The 

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

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

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command 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. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances, 

and aircraft performance data before initiation of flight. 

14 CFR §91.109: Flight Instruction

Section 91.109 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.

UAS and remotely piloted aircraft, by their design, do not have full 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 full 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 is 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 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9-1.119 

(d) allows helicopters to be operated at less than 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 UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 200’ 
above an elevated platform from which filming is planned, an exemption may be needed 

to allow for such operations. As set forth herein, the UAS will never operate at higher 

than 400’ AGL with the exception that in circumstances where the UAS is used to survey 

or photography a structure whose height exceeds 400’ AGL, the UAS will not be 

operated more than 200’ above the highest point on the structure. It will however be 

operated in a restricted area with security perimeter, where buildings and people will not 

be exposed to operations without their pre-obtained consent.

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

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with the aircraft or 

rotorcraft weight fare more than 55 pounds, proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500’ AGL. In addition, the low-altitude 

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

the operations of conventional aircraft that musty comply with Section 91.119.

14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the UAS 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 Manual 

and Safety Check List, by receiving altitude information via a digitally encoded 

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen 

display. This altitude information will be generated by equipment installed on board the 

aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio 

altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point 

will be established and confirmed for accuracy by the pilot. 

14 CFR §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.”

The battery powering the UAS provides approximately 23 minutes of powered flight. To 

meet the 30-minute reserve requirement in 14 CFR §91.151, UAS flights would be not be 

possible. Given the limitations on the UAS’s proposed flight area and the location of its 
proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable. I believe 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 where only people and 

property owners or official representatives who have signed waivers will be allowed, 

with less that 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. 

I believe that an equivalent level of safety can be achieved by limiting flights 15 minutes 

or 25% battery power, whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area.

Similar exemptions have been granted to other operations, including Exemption Nos. 

2689F, 5745, 10673, and 10808.

14 CFR §91.203 (a) & (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 UAS fully loaded weighs no more than 55 pounds and is operated without an 

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

document or to display them on the UAS.

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

control point where the pilot flying the UAS will have immediate access to them; to the 

extent they are applicable to the UAS. 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 CFR §91.405 (a); 407 (a) 1; 409 (a) 1 & 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the Flight Manual and Operating Handbook. As 

the manufacturer does not provide specific maintenance instructions, maintenance will be 

“on condition” for all aircraft and each aircraft will have a maintenance log.

An equivalent level of safety will be achieved because these small UASs are very limited 

in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise, the UAS can land immediately and will be 

operating from no higher than 400’ AGL. As provided in the Manual, the operator will 

ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of an 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. If the operator encounters a 

maintenance issue, which cannot be addressed, the UAS will be returned to the 

manufacturer or a qualified repair facility where such repairs or maintenance can be 

performed.

A summary we can publish in the Federal Register:

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

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

Applicant seeks an exemption from the following rules:

14 CFR Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91.7 

(a); 14 CFR 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 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 

(a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (1) & (2); 14 CFR 417 (a) & (b) to 

operate commercially a small unmanned system for aerial photography, 

videography, surveying, mapping and photogrammetry, and scientific & 

environmental research.

Approval of exemptions allowing commercial operations of UASs in the aerial photo and 

film industry will enhance safety by reducing risk. Conventional aerial photo and film 

operations, using jet or piston powered aircraft, operate at extremely low altitudes, just 

feet from the subject being filmed and in extreme proximity to people and structures; and 
present the risks associated with vehicles that weigh in the neighborhood of 4,000 pounds, 

carry large amounts of jet A or other fuel. Such aircraft must fly to and from the film 

location. In contrast, a UAS weighing less than 55lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The UAS is carried to the film set and not flown. The UAS will carry 

no passengers or crew and, therefore, will not expose them to risks associated with 

manned aircraft flights. 

The operation of small UASs, weighing less than 55 pounds, conducted in the strict 

conditions outlined above, will provide an equivalent 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 sterile environment and, as a result, 

are far safer than conventional operations conducted with turbine helicopters operating in 

close proximity to the ground and people. 

UAS Description

DJI Phantom 3

Weight (Including Battery And Propellers): 1280 g

Diagonal Size (Including Propellers): 590 mm

Max Ascent Speed: 5 m/s

Max Descent Speed: 3 m/s

Hover Accuracy: Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

 Horizontal: +/- 1.5 m

Max Speed: 16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level: 6000 m

Operating Temperature: 0°C to 40°C

GPS Mode: GPS/GLONASS

Remote Control

Operating Frequency: 2.400 GHz-2.483 GHz

Max Distance: 2000m (outdoors and unobstructed)

Operating Temperature: 0°C- 40°C

Battery: 6000 mAh LiPo 2S

Receiver Sensitivity (1%PER): -101 dBm ±2 dBm

Transmitter Power (EIRP): FCC: 20 dBm, CE: 16 dBm

Working Voltage: 1.2 A @7.4 V

Battery

Capacity: 4480 mAh

Voltage: 15.2 V
Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Max Flight Time: Approximately 23 minutes

Operating Temperature: -10°C to 40°C

Max Charging Power: 100 W

Also attached for review is the User Manual

Sincerely,

Mr. Zachary Pezzillo