(a) Your name and mailing address and, if you wish, other contact information such as a 

fax number, telephone number, or email address;

BRIANNA NESSLER

Small Giants, LLC

4531 N. 16th Street, Suite 126

Phoenix, AZ 85016

Phone: 602-314-5549

Email: Brianna@smallgiantsonline.com

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Summary:

Small Giants, LLC (“Small Giants”) seeks exemption from the requirements of 14 C.F.R. §§

45.23(b), 61.113(a), 61.113(b), 91.103, 91.7(a), 91.9(b)(2), 91.119(c), 91.121, 91.151(a), 

91.203(a), 91.203(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 

and Part 21. This exemption will permit Small Giants to operate a small Unmanned Aircraft 

System (“UAS”) DJI Phantom 2 Vision+ Quadcopter, while keeping the documents required by 

the regulations at the ground control station and immediately accessible to the pilot in command. 

(b) The specific section or sections of 14 CFR from which you seek an exemption;

In accordance with the Federal Aviation Administration’s Guidelines for Submitting a 

Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 

2012 (“the Act”), I, Brianna Nessler, (“Petitioner”), requests exemption from the following 

sections of Title 14, Code of Federal Regulations §§

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) and (b): PRIVATE PILOT PRIVILEGES and LIMITATIONS

14 C.F.R. 91.103

14 C.F.R. 91.7(a): CIVIL AIRCRAFT WORTHINESS

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

14 C.F.R. 91.119(c): MINIMUM SAFE ALTITUDES

14 C.F.R. 91.121: ALTIMETER SETTINGS

14 C.F.R. 91.151(a)(1): FUEL REQUIREMENTS

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405(a): MAINTENANCE REQUIRED

14 C.F.R. 91.407(a)(1): OPERATION AFTER MAINTENANCE REBUILDING 

ALTERATION
14 C.F.R. 91.409(a)(1) and (2): INSPECTIONS

14 C.F.R. 91.417(a) and (b): MAINTENANCE RECORDS

14 C.F.R. Part 21 

The exemption is sought in order to commercially operate UAS commercially in airspace 

regulated by the FAA for the purposes of aerial photography, cinematography, videography, and 

other flight operations that can be performed safely and cost effectively with the use of small 

UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. 

Operations will be in support of aerial videography, cinematography, photography jobsite preconstruction documentation, infrastructure documentation, construction progress documentation 

and post-job as-built documentation of commercial real estate and/or commercial construction 

sites. Operations will be performed only at the request of and with the authorization and 

permission of clients (municipalities) or their authorized agents.

Federal Aviation Regulations (FARs)

Petitioner seeks exemption from the aforementioned FARs for the following reasons;

14 C.F.R. § 45.23

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. UAS are unmanned. Therefore, they do not have a cabin, cockpit or pilot station 

on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on 

such small aircraft with dimensions smaller that minimal lettering requirement. The FAA has 

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

10700.

14 C.F.R. § 61.113

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. Petitioner can achieve an equivalent level of safety as achieved by current FARs

because the UAS does not carry any pilots or passengers. Further, while perhaps helpful, a pilot 

license will not ensure remote control piloting skills. The risks attributed to the operation of 

Petitioner’s UAS are far less than the risk levels inherent in the commercial activities outlined in 

14 C.F.R. § 61, et seq. As such, Petitioner is able to operate the UAS in a manner which meets

and exceeds current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). In addition, 

Petitioner holds an OSHA (Occupational Safety and Health Administration) 10-hour certification 

to ensure maximum safety awareness while flying UAS on construction jobsites.

14 C.F.R. 91.103

This regulation requires each pilot in command take certain actions before flight to ensure the 

safety of flight. An exemption is needed from this requirement, as the Petitioner will take 

separate preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, scouting location and all other actions in 

the Preflight Checklist in the Phantom 2 Vision User Manual (the Manual). These actions will 

provide an equivalent level of safety. 

14 C.F.R. 91.7(a) 
This regulation prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 C.F.R. § 91.9 (b) (2)

This regulation requires an aircraft flight manual be kept within the aircraft. As there are no onboard pilots or passengers, and given the size of the UAS, this regulation is inapplicable. The 

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

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

14 C.F.R. § 91.119

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Petitioner's UAS will never 

operate at an altitude greater than two hundred (200) feet Above Ground Level (200 AGL); 

significantly below the standard of 400 AGL. Petitioner, will, however operate the UAS in safe 

areas away from public and traffic, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of the 

UAS, an equivalent or higher level of safety will be achieved.

14 C.F.R. § 91.121 

This regulation regarding altimeter settings is inapplicable insofar as the UAS utilizes electronic 

global positioning systems with a barometric sensor.

14 CFR § 91.151 (a)

14 C.F.R. § 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions.

Petitioner’s UAS is limited to operations in sterile and controlled environments as outlined in the 

Manual, and has a limited range and flight time which require an exemption from 14 CFR § 

91.151(a).

The battery powering the UAS provides approximately thirty five (35) minutes of powered 

flight. To meet the thirty (30) minute reserve requirement in 14 CFR §91.151, UAS flights would 

be limited to approximately five (5) 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 night VFR conditions is reasonable.

Petitioner believes 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 

(i) only people and property owners or official representatives who have signed waivers will be 

allowed, with less than thirty (30) minutes of reserve fuel, and (ii) it 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 ten (10) minutes would greatly reduce the utility for 

which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to thirty (30) minutes, or enough

battery reserve to ensure that the UAS lands at the ground station with at least twenty percent 
(20%) of battery power (as determined by the onboard monitoring system and the Petitioner), 

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 Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b) 

This provides for the carrying of civil aircraft certifications and registrations. They are 

inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and registrations by Petitioner.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b)

The above-cited FARs require, amongst other things, aircraft owners and operators to “have [the]

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. . . .” These Regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to Petitioner’s UAS. However, as a safety precaution 

Petitioner will inspect the UAS before and after each flight.

14 C.F.R. § 21, Subpart H

This regulation sets forth requirements for procurement of necessary airworthiness certificates in 

relation to § 91.203(a)(1). The size, weight and enclosed operational area of Petitioner's UAS 

permits exemption from Part 21 because the UAS meets (and exceeds) an equivalent level of 

safety pursuant to Section 333 of the Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 

of the Act. Both pieces of legislation permit the FAA to exempt UAS from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity 

to areas such as airports and dense populations. Petitioner’s UAS meets or exceeds each of the 

elements.

(c) The extent of relief you seek, and the reason you seek the relief;

Petitioner seeks to operate the commercially available DJI Phantom Visions+ quad-copter UAS 

to conduct aerial videography and photography for marketing and promotional purposes in the 

commercial real estate and construction industries. 

(d) The reasons why granting your request would be in the public interest; that is, how it 

would benefit the public as a whole;

Aerial photography and videography for commercial real estate and commercial construction 

marketing has been utilized for decades by way of manned fixed wing aircraft and helicopters.

For small budget entities, contractors and subcontractors, the expense of such aerial shoots is 

cost-prohibitive. Only large companies can afford to absorb such a cost thereby depriving 

smaller companies of a valuable marketing tool and harming competition. Photography and 

videography through the responsible use of the UAS furthers the public’s interest.
Manned aircraft pose a threat to the public through potential catastrophic crash, routinely results

in the loss of life, with combustible fuel explosions occurring on impact. This UAS poses no 

such threat, as size and lack of combustible fuel alleviates any potential threat to the public. This 

ultra-light weight UAS is battery powered and creates no emissions that can harm the 

environment. The consequence of this ultra-light weight UAS crashing is far less than a full size 

helicopter or fixed wing aircraft as they are heavy, contain combustible fuel and can cause 

catastrophic devastation to the public.

Moreover, public interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through the battery operated ultra-light weight UAS. Permitting 

Petitioner to immediately fly at or below 200 AGL furthers economic growth. Granting this 

exemption request substantially furthers the economic impact for the commercial real estate and 

construction community for companies looking to build, renovate and restore properties. All of 

which will be able to more fully serve as a stimulus to the community.

(e) The reasons why granting the exemption would not adversely affect safety, or how the

exemption would provide a level of safety at least equal to that provided by the rule from 

which you seek the exemption;

Petitioner notes the FAA's findings in the Grant of Exemption No 11138 in the matter of the 

petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA-2014-0481: The FAA 

finds that a grant of exemption is in the pubic interest. The enhanced safety and reduced 

environmental impact achieved using a UAS with the specifications described by the Petitioner 

and carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that 

the UAS operation enabled by this exemption is in the public interest.

Petitioner submits the following representations of enhancements to current aerial videography 

and photography for real estate:

• The UAS weighs less than five (5) pounds complete;

• The UAS is only operated below 200 feet (well within the 400 foot permissible ceiling set by 

the Act);

• The UAS only operates for 10-15 minutes per flight;

• The UAS is landed prior to manufacturer recommended minimum level of battery power;

• The UAS is piloted through remote control only by line of sight;

• There is a UAS assistant/observer at each flight, who also has the UAS in line of sight;

• The UAS has GPS, a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

• Flight data and other sources of information are actively analyzed to constantly update and 

enhance safety protocols;

• The UAS is only operated in reasonably safe environment that are (i) strictly controlled, (ii) 

away from powerlines, elevated lights, airports and actively populated areas, and (iii) during 

daylight hours;

• Extensive pre-flight inspections are conducted during which safety carries primary importance;
• All necessary permissions are obtained prior to operation;

• All procedures are in place to stet flights in the event of safety breaches or potential danger.

Petitioner notes the Conditions and Limitations relative to the Grant of Exemption No.11138 in 

the matter of the petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA-2014-

0481 and will comply with the (thirty-three) 33 items as listed in the Exemption. Petitioner has 

an identical model Phantom 2 Vision +.

(f) A summary we can publish in the FEDERAL REGISTER, stating:

(I) The rule from which you seek the exemption; and

Following the Grant of Exemption No. 11138 in the matter of the Petition of Douglas Trudeau, 

Realtor, and Regulatory Docket ID. FAA-2014-0481, Petitioner requests an exemption from the

same specific sections of 14 CFR:

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) and (b): PRIVATE PILOT PRIVILEGES and LIMITATIONS

14 C.F.R. 63.13: APPLICABILITY

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.7(a): CIVIL AIRCRAFT WORTHINESS

14 C.F.R. 91.119(c): MINIMUM SAFE ALTITUDES

14 C.F.R. 91.121: ALTIMETER SETTINGS

14 C.F.R. 91.151(a)(1): FUEL REQUIREMENTS

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405(a): MAINTENANCE REQUIRED

14 C.F.R. 91.407(a)(1): OPERATION AFTER MAINTENANCE REBUILDING 

ALTERATION

14 C.F.R. 91.409(a)(1) and (2): INSPECTIONS

14 C.F.R. 91.417(a) and (b): MAINTENANCE RECORDS

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals

(II) A brief description of the nature of the exemption you seek:

Petitioner seeks an exemption for the purpose of using the PHANTOM 2 Vision + for hobby, 

recreational and commercial photography and videography to provide commercial real estate and 

construction clients and the general public with educational footage and to use such footage for 

marketing/promotional purposes. 

Privacy

All flights will occur over private or controlled access property with the property owner’s

prior consent and knowledge. Images taken will be of individuals who have also consented to 

being filmed or otherwise have agreed to be in the area where aerial photography will take place.
Petitioner notes the FAA's findings in the Grant of Exemption No 11138 in the matter of the 

petition of Douglas Trudeau, Realtor, and Regulatory Docket No. FAA-2014-0481: The FAA 

finds that a grant of exemption is in the pubic interest. The enhanced safety and reduced 

environmental impact achieved using a UAS with the specifications described by Petitioner and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS 

operation enabled by this exemption is in the public interest.