Page 1 of 8

September 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

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

Federal Aviation Regulations

Dear Sir or Madam:

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

Act”) and 14 C.F.R. Part 11, Accent Aerial Photography (hereafter “Petitioner”), an 

experienced operator of Unmanned Aircraft System (“UAS”), seeks exemption from the

Federal Aviation Regulations (“FARs”) as described below. The exemption request will permit 

Petitioner to operate UASs commercially for the purpose of aerial data collection.

Petitioner will provide a service that is beneficial to an industry that is already using, and seeking 

to use, UASs for these purposes with a legal and safe option while providing relevant experience 

and information to the FAA and the UAS community. This will benefit the public with the 

controlled operation of UASs by Petitioner and increased integration into the National Airspace

System (“NAS”).

All operations by Petitioner will strictly adhere to safety guidelines and any UAS in operation by

Petitioner will not exceed 55 lbs. weight.

Petitioner will have a Pilot in Command (“PIC”) responsible to properly train and maintain

safe operations. During operations, the PIC will hold a Sport Pilot’s license as long as that is 

required by the FAA.

Petitioner has a thorough understanding of the importance of safety guidelines in the NAS, 

and a desire to promote the appropriate integration of UASs for the furtherance of aviation as 

a whole is the foundation upon which this business will operate.

The name and address of the applicant are: 

Accent Aerial Photography

Attn: Brent Hall

Ph: 512-297-1098

Email: Brent@AccentAP.com

Address: 12012 Cascade Caverns Trail 

Austin, Texas 78739

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 91.7(a);

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

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;
Page 2 of 8

14 C.F.R. 91.105

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. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest.

The Applicable Legal Standard Under Section 333

Petitioner submits that grant of this exemption application advances the Congressional mandate in 

Section 333 of the Reform Act to accelerate the introduction of UASs into the NAS if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain 

UASs 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, 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; and

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). 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.” Id. §333(c) (emphasis added).1

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

§40101 of the Act, from the requirement that all civil aircraft must have current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

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

under subsection (a) or (b) of this section or any of sections 4470244716 of this title if the 

administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority 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 and cost savings associated with use of

UASs for aerial data collection, the reduction or elimination of unregulated operators, and the 

safe integration of UASs. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay.

1) Applicant submits that this provision places a duty on the Administrator to not only process applicants

for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein 

require modification in order to allow approval, to supply conditions for the safe operation of the UAS.

Petitioner respectfully requests the opportunity to consult with FAA staff in order to address any issues or 

concerns that this proposal may raise that they believe may require modification.
Page 3 of 8

Airworthiness

Grant of the exemption to Petitioner will be subject to the following mandatory 

airworthiness conditions:

● The UAS will never exceed a gross takeoff weight (GTOW) of 55 lbs., or in excess of the 

Operator Handbook/Manufacturer recommendations.

● A preflight checklist will be followed prior to each light.

● The aircraft registration number will be displayed on the aircraft in accordance with current 

regulations.

● The POH, registration, copy of exemption, checklist, and copy of maintenance 

records will be mandatory documents for operation and must be located with or in the 

base station and accessible to the PIC at all times.

● Any FAA or manufacturer required placards are placed and clearly visible on the 

base station or controlling device.

● All equipment installed on the UAS will be operational for flight.

● PIC will be the determining authority on the airworthiness of the UAS prior, during, and

after each flight, and will cease operations upon deeming the UAS not airworthy 

until proper maintenance or action has been taken.

Operator Requirements

Petitioner understands and upholds the stance that necessary precautions are required to protect 

aircraft already operating in the NAS, and the safety and security of the flight crew members, 

passengers as well as the public and property. For this reason, Accent Aerial Photography will 

require all pilots of the UAS to hold at least the minimum certification or license required by the

FAA at the time of the flight.

Furthermore Petitioner will use an appropriately certified pilot for the type of operation 

being conducted as it would fall under 14 C.F.R. if it were a manned aircraft.

The PIC and the Visual Observer will, at all times, be aware that UASs currently cannot adhere to 

the standard “see and avoid” requirements due to the size of the UAS impacting the distance at 

which it can be identified by pilots of manned aircraft. Petitioner maintains a zero tolerance policy

for any pilot that fails to give complete right of way, and wide berth to any aircraft that comes 

within 1 statute mile horizontally or 2000 feet vertically of operations.

In the interest of safety, and the furtherance of aviation, Petitioner requires it’s operators to adhere to 

its “See and Hear” policy. This policy requires that any aircraft that can be both observed and heard 

(excluding large turbine, turboprop, and other aircraft that are heard and seen but are clearly 2000 

feet above the highest permitted altitude of the UAS) by the PIC or the VO will require UAS 

operations to cease until the aircraft has passed.

The PIC will adhere to appropriate FARs. The PIC will, while the exemption is in place, log 

all flights conducted for Petitioner, or any flight to meet the training requirements.

UAS Models for Exemption

Petitioner seeks exemption for the following models of UAS proven for their safety and excellent

design. Please see attachments for Operating Manuals. 

DJI Phantom 3

DJI Inspire 1

DJI Spreading Wings S900
Page 4 of 8

Privacy

All flights will launch from private or controlled access property with the property owner or owner’s

representative or controlling authorities prior consent and knowledge.

* * *

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A

to allow commercial operations of UASs conducting aerial flights as described.

Approval of the exemption allowing commercial operations of Petitioner’s UASs will 

increase safety by permitting an operator to conduct a service safely that is already occurring 

without FAA knowledge, exemption, or adhering to prescribed safety guidelines. The 

exemption will also encourage the education of UAS operators and the adoption of FAA 

guidelines and approval for commercial UAS operations. It benefits the public through a 

higher level of safety of UAS operations and a service that benefits the local public and 

business. It also benefits the public through a smooth and well approached integration of 

UASs into the NAS, and continual communication with the FAA and the information 

gained. Having a pilot owned business aids in bridging the gap between the advancement of 

UAS technology and the current practices and operations in the NAS and with the FAA. 

This assists the FAA with its mission of promoting aviation while preserving safety of 

aviators, the public, and property.

The UASs operated by Petitioner satisfies the criteria set forth in Section 333 of the Reform Act–

size, weight, speed, operating capabilities, operation within visual line of sight, and national 

security–and showing an equivalent level of safety to manned aircraft flights through appropriate 

pilot certification and safety focused standards of operation, providing more than adequate 

justification for the grant of the requested exemptions allowing commercial operations.

Sincerely, 

Brent Hall

Owner & Chief Pilot

Accent Aerial Photography
Page 5 of 8

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and

the type of operations performed by the UASs operated by Petitioner, Petitioner respectfully 

request that where a regulation differentiates according to class that it be permitted to operate 

under those regulations pertaining to helicopters.

Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of its UASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

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

of the aircraft and the limited operating area associated with its utilization, it is unnecessary

to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or

exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness

certificate, upon consideration of the size, weight, speed, operational capability, and

proximity to airports and populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Petitioner UASs operated

without an airworthiness certificate, under the conditions proposed herein, will be at least as

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

certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, 

will not carry flammable fuel, and will operate exclusively within an area predisclosed and in 

compliance with conditions set forth herein. Operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to the conditions set forth above, and 

by local public safety requirements. Receipt of the prior permission of the land owner, or

controlling authority, the size of the aircraft, the lack of flammable fuel, and the fact that the 

aircraft is carried to the location and not flown there all establish the equivalent level of safety. 

The UASs construction with absorbent material provides at least an equivalent level of safety to 

that of such operations being conducted with conventional aircraft that would be orders of

magnitude larger and would be carrying passengers, cargo, and flammable fuel.

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

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

condition. Should the exemption be granted allowing commercial operation of the UASs 

without an airworthiness certificate, no standard will exist for airworthiness of the UASs. 

Given the size of the aircraft and the requirements that have presumably already been met in

the approved standard operating procedures (for instance, the Maintenance & Inspection 

Manual and Safety Checklist), an equivalent level of safety will be achieved by ensuring 

compliance with the operating manuals prior to each flight.
Page 6 of 8

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

The regulation 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 equivalent level of safety will be achieved 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 to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

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

14 C.F.R. § 91.109(2)

This regulation provides that flight crewmembers must keep a safety belt fastened while at a

crewmember station. Petitioner’s UASs are by definition not manned and therefore maintain a 

equivalent level of safety without the use of safety belt since no danger is posed due to no 

persons being aboard the aircraft.

14 C.F.R. § 91.121(a)

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to 

applicable barometric pressure. According to the Flight Manuals and information included 

with this exemption request the UASs operated by Petitioner uses GPS positioning

This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be 

maintained by the pilot. Given the nature of the flight being limited to an upper altitude limit, 

the limited area of operations, the See and Avoid procedures set forth by Petitioner, and in light 

of the UASs not being operated at VFR or IFR cruising altitudes an equivalent level of safety 

will be achieved.

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

These regulations provide 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. UASs are a remotely piloted aircraft and by 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. If instruction is accomplished through a training 

program, as set forth in an equivalent level of safety will be assured. 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 will be achieved by the Petitioner providing the training as outlined.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight

characteristics of Petitioner’s UASs (vertical takeoff and landing, and ability to hover) as 

well as the nature of the type of flights conducted by UASs and the similarity to 

helicopters Petitioner requests to operate in accordance with section 91.119(d). The 

equivalent level of safety will be achieved given the size, weight, speed, and material with 
Page 7 of 8

which the UASs are built. Furthermore; no flight will be taken without the permission of

the land owner or those who control the land. Because of the advance notice to the 

landowner, all affected individuals will be notified of the flights. Compared to aerial 

photography or videography operations conducted with aircraft or rotorcraft weighing far 

more than the UAS and carrying flammable fuel, any risk associated with these operations 

will be far less than those currently allowed with conventional aircraft operating at or 

below 500 feet AGL. Indeed, the low altitude operations of the UAS will maintain 

separation between these smallUAS operations and the operations of conventional aircraft 

that must comply with Section 91.119, give right of way to all manned aircraft, and 

adhere to Petitioner’s See and Hear policy.

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

This regulation prohibits an individual from beginning “a flight in a rotorcraft 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 20 minutes.” 

Given the limitations on its proposed operations and the location of those proposed operations,

a longer time frame for flight in daylight VFR conditions is reasonable. Petitioner believes that

an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with

91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the 

type of risks that Section 91.151(b) was meant to prevent given the size and speed at which the 

UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety.

Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In the 

unlikely event that the UAS should run out of fuel, it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current regulation.

Petitioner believes that an equivalent level of safety can be achieved by maintaining 25% 

battery power, or 10% of time (whichever is longer) would be more than adequate to return

the UAS to its planned landing zone from anywhere in its operating area.

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

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . 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.

Petitioner’s UASs have no cockpit or cabin to place or carry certification. As such, the 

exemption and any other certifying document from the FAA will be maintained with the 

ground station, and placed in a manner as to be clearly visible to any government official or 

person authorized in the controlled operations environment.

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. 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.
Page 8 of 8

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

Section 91.405(a) requires 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 . . . .” Section 91.407 similarly makes reference to requirements in 

Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an 

airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, 

under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Maintenance on Petitioner’s aircraft will be accomplished by the owner/operator pursuant

to the manuals, provided by Petitioner, and the manufacturer. An equivalent level of safety will 

be achieved because the UAS is small in size, will operate only in restricted predetermined areas 

and is not a complex mechanical device. As provided in the attached Maintenance Manual and 

the Safety Checklist, which were reviewed as part of the application, the operator of the UAS

will ensure that it is in working order prior to initiating flight, perform required maintenance,

and keep a log of any maintenance that is performed. Moreover, the Petitioner’s Chief Pilot is 

familiar with the aircraft, has extensive experience with UAS maintenance, and has thousands of

hours of helicopter airframe and powerplant maintenance, and is best suited to maintain the 

aircraft in an airworthy condition and to ensure an equivalent level of safety.

The Petitioner’s Maintenance Manual provides for a 30 day/100 hour and Annual

inspection of the airframe and components similar in scope to inspections on manned aircraft. 

This will ensure an equivalent level of safety to the maintenance requirements in Part 91.

In addition, between such inspections, should a mechanical issue arise, the aircraft 

will either return to its launch site or immediately land.

APPENDIX B

SUMMARY OF ACCENT AERIAL PHOTOGRAPHY SECTION 333 EXEMPTION

REQUEST

Petitioner hereby provides pursuant to Part 11 a summary of its exemption application to 

allow commercial operation of its UASs in aerial photography/videography. An exemption is 

requested from the following regulations:

14 C.F.R. Part 21;

14 C.F.R. 91.7(a);

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

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.105

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. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).