Request for Section 333 exemption

Contact Information

Landon Maples

1309 Riverbrook Dr.

Hermitage, TN 37076

(901) 230-1626

Lam4s08@gmail.com

Exemption Requested

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F. R. 91.119

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) (2)

14 CFR 417 (a) & (b)

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

entitled Airworthiness Certificates, 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 operating with an airworthiness certificate without 

the restrictions and conditions proposed. The UAS to be operated is less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates below 200ft AGL. For these reasons 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, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light sport," 

"experimental," or "provisional," as applicable. As the UAS will have no airworthiness certificate 

or sufficient area to apply the appropriate placards an exemption may be needed. 

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, aircraft operator will ensure its airworthy condition prior to every flight. 

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 has no ability or place to carry such a flight manual on the aircraft, 

we propose to keep the flight manual on the ground within reach of the pilot. 

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 the exemption requests authority to operate at 

altitudes up to 200ft AGL, an exemption may be needed to allow such operations. 

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 insufficient to meet the required 30. I believe an equivalent level of safety can 

be achieved by limiting flights to 25 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. 

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 less 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 UAS. 

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 should not apply. Maintenance will be accomplished by the operator in 

accordance to the operator’s manual. 

Extent of Relief Being Sought

I am hereby requesting a Certificate of Waiver or Authorization (COA) for commercial 

photographic UAS flights at or below 200 feet for aircraft that weigh less than 55 pounds, 

operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight 

(VLOS) of the pilots, and staying the following specified distances away from airports or 

heliports:

• 5 nautical miles (NM) from an airport having an operational control tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an operational 

tower; or

• 2 NM from an airport without a published instrument flight procedure or an operational 

tower; or

• 2 NM from a heliport with a published instrument flight procedure

Benefits

These changes will allow the use of small commercial UAS to perform tasks that previously 

required low flying aircraft or rotorcraft. By using small UAS no pilots, property, or bystanders 

will be put at significant risk. 
Safety

1. The intended UAS will be a DJI Phantom 3 weighing 3lbs (less than the maximum 55 lbs.)

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

3. Maximum total flight time for each flight will be less than 25 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 25 minute limit.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

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

6. UAS pilot will be an FAA licensed airman with a commercial pilot’s certificate and first

class medical. 

7. A briefing will be conducted in regard to the planned UAS operations prior to each flight

8. The operator will obtain the consent of all persons involved in the filming and ensure that 

only consenting persons will be allowed in the immediate area.

9. Pilot and observer will have been trained in operation of UAS generally and received up

To date information on the particular UAS to be operated.

10. Observer and pilot will at all times be able to communicate. 

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

12. All required permissions and permits will be obtained from territorial, state, county or 

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

agencies.

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

return to a predetermined location. 

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

emergencies.

Summary

Pursuant to 14 C.F.R. 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 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F. R. 91.119

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) (2)
14 CFR 417 (a) & (b)

In order to operate commercially a small unmanned vehicle 55lbs or less for video and 

photographic purposes. Approval of exemptions allowing commercial operations of for 

photographic purposes will reduce risk. A small UAS is significantly safer to operate than a small 

aircraft or helicopter with a pilot and photographer onboard. The operation of small UAS, 

weighting less than 55 lbs., will provide an exceptional level of safety throughout the industry. 

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 UAS for photography and 

videography.