December 18, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

 Re: Exemption Request Section 333 of the FAA Reform Act 

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, I, Alan Durfee, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, 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. 

This petition for exemption does not set precedent. This petition is based upon the previously 

approved exemption request #13849 (OC Films). 

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

unmanned and relatively inexpensive sUASs under controlled conditions in airspace that is 

1) limited 

2) predetermined 

3) controlled as to access and 

4) provide safety enhancements to safe operations presently using conventional aircraft. 

Approval of this exemption would thereby 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 operator is: 

Alan Durfee 

637 Donner Ave 

Sonoma, CA 95476 

707 939-5553 

alan.durfee@gmail.com

Public interest: 

Approval of this petition would be in the public interest due to the enhanced safety inherent in the 

operation of small sUASs, reduction in environmental impacts, including reduced emissions associated 

with allowing sUASs for video operations. Significant economic benefits will be realized to the local 

economy when the UAS is utilized for real estate advertising not currently cost effective using 

conventional aircraft. 

 
Regulations from which the exemption is requested: 

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) (2) 

14 CFR 417 (a) & (b) 

Equivalent level of safety: 

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 rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of sUASs 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 sUAS size, weight, speed, and operational capability; 

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

•Operation of the sUAS 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.” Id. §333(c) (emphasis added)2. 

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

certificate. 

2 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 not fulfill the statutory requirements 

for approval. 
My aircraft sUASs are rotorcraft, weighting 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. Such 

operations will insure that the UAS will “not create a hazard to users of the national airspace system or 

the public.” 

Given the small size of the sUASs involved and the restricted sterile 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 sUASs to 

commence immediately. Also due to the size of the sUASs and the restricted areas in which the relevant 

sUASs will operate, approval of the application presents no national security issue. 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 aerial photography and video operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay. 

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 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 movie and television filming 

operations, real estate, aerial and agricultural inspection, and search and rescue 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 55lbs. 

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

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated 

at 20% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet. 

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

6. Observer and Pilot will at all times be able to communicate by voice. 

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

8. 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. 

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

a predetermined location within the Security Perimeter and land. 

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