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David Massengill Photography

Owner: James David Massengill II

1600 Sundrop Dr.

Knoxville, TN 37921

Phone: 865-850-1027

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

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR

91.9(b)(2); 14 CFR 91.103; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); 14 CFR 91.417(a) and (b)

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, James David 

Massengill II, operator of Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of UAS, so long as such operations are 

conducted within and under those conditions outlined herein or as may be established by the FAA as required by 

Section 333.

Description of Requested Operations

Commercial operation of UAS, as described herein, which are equipped with camera and sensors, would operate in 

the following manner:

• Aerial photography/video capture for public and private use of subjects that include architecture, real 

estate, engineering and other related activities. 

• Aerial photography/video capture for public and private events including news gathering where local 

permission is granted.

• Aerial photography/video capture including inspection of commercial utility infrastructure and 

construction sites.

• Aerial photography/video for land surveying and agriculture monitoring.

• Disaster response to aid firefighters, police, and EMTs only when requested.

Petitioner requests relief from the following:

14 CFR Part 21 subpart H

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 91.119 

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
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Description of UASs to Be Used:

UAS 1: Craft Name: DJI Phantom 3 Professional

• Weight: 1280g (2lbs 13oz)

• Dimensions: 40.36cm x 19.05cm (16in x 7.5in)

• Maximum Speed: 35mph (16 m/s)

• Maximum Ascent Speed: 11.18mph (5 m/s )

• Maximum Descent Speed: 6.71mph (3 m/s)

• Propulsion: Four(4) Motors, (Model DJI 3510)

• Power: 4480mAh 4s LiPo Lithium Polymer Battery

• Controlling Mechanism: C3 remote controller with an operating frequency of 2.400GHz -

2.483GHz. Additionally, the UAS has further stability controls through the use of GPS guidance. 

In the event of loss of GPS, full manual control can be quickly obtained.

• Maximum Range: 1.2 miles. The applicant will operate UAS within Line of Sight (LOS) within a 

closed area as predetermined by the property owner/representative at all times.

• Camera: 4k Camera attached to 3-axis gimbal

UAS 2: Craft Name: 3D Robotics "Solo"

• Weight: 1500g (3.3 lbs)

• Motor-to-Motor Dimensions: 26cm (18in)

• Maximum Speed: 55mph

• Cruise Speed: 5.7mph

• Maximum Climb Rate: 11mph

• Maximum Descent Rate: 5.5mph

• Propulsion: Four(4) Motors, (Model DJI 3510)

• Power: 5200 mAh 14.8 Vdc Lithium Polymer Battery

• Controlling Mechanism: 3DR Solo Controller with an operating frequency of 2.4GHz. 

Additionally, the UAS has further stability controls through the use of GPS guidance. In the 

event of loss of GPS, full manual control can be quickly obtained.

• Maximum Range: 0.5 miles. The applicant will operate UAS within Line of Sight (LOS) within a 

closed area as predetermined by the property owner/representative at all times.

• Camera: GoPro Hero connected to 3-axis gimbal

Public Benefit. 

Both UASs, given their size, stability, and manner of propulsion, are more safe to the general public than 

the operation of full-sized aircraft carrying flammable fuel. With the reduction of environmental impact, 

noise, and safety hazards in the operations compared to full-sized aircraft, the grant of the requested 

exemption is of benefit to the general public as a whole. The proposed operations will adhere to the 

Reform Act's safety requirements
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David Massengill Photography will only operate the UASs within the parameters set forth below:

• Operation within line of sight.

• Operation at sites that are sufficient distance from populated areas, which will not create a 

hazard to users of the National Airspace System (NAS) or the general public.

• When flying UASs within 5mi of an airport, David Massengill will notify airport operators. David 

Massengill will also give the right of way to avoid flying in the proximity of full-scale aircraft.

• Flights will be terminated at 25% battery power to ensure enough power for UAS to land 

properly and safely.

• The UAS will be programmed so that it will not exceed an altitude of 400 ft above ground, will 

operate in FAA Class G Airspace, and will travel no further than 1000 ft from operator.

• The UAS will not exceed speeds of 35 mph.

• All required permits will be obtained from state and local government prior to operation.

• David Massengill will not operating UAS over open-air assemblies of people or moderately 

travelled roadways.

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 

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. with max payload, carries neither a pilot nor

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

secured and designated area under permission. 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. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

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 C.F.R. § 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 on that aircraft near each entrance to the cabin, cockpit, or pilot station, 
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in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable.

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

have no entrance to a 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 (f).

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.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in

command of an aircraft that is carrying passengers or property for compensation or hire. An equivalent 

level of safety can be achieved by current Regulations because the applicant’s UAS do not carry any 

pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth 

in the FOM will equate to the safe operation of the UAS.

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 for 

maintenance and use of safety check lists 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 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.

14 C.F.R. § 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 as stated in the manufacturer FOM in the pre-flight 

inspection section, including but not limited to reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of flight.

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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

feet above ground level, or not more than 200 feet above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never 

operate at higher than 400ft AGL with the exception that in circumstances where the UAS is used to 

survey or photograph a structure whose height exceeds 400ft AGL, the UAS will not be operated more 

than 200 feet above the highest point on the structure. It will, however be operated in a restricted area 
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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, 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 aircraft or

rotorcraft weighting far more than the maximum 55lbs. 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 UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119.

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 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 safety check list and live flight data monitoring, 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.”

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 

minutes in length.

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.

James David Massengill II, owner of David Massengill Photography believes that an exemption from 14 

CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will be 

allowed, 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 UAS 

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 20 minutes or 25% of 

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.

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 UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the