November 23, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act & Part 11 of the Federal Aviation 

Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b); 

91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409; 

91.417(a) & (b).

To Whom It May Concern:

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

and 14 CFR Part 11, Washington County, Utah, (the “County”) hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow the operation of its UAS, 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.

The purpose of the proposed flights will be to provide aerial photos and videos used in the 

promotion of tourism within the county and to aid emergency services in various situations

including fire/flood management and search and rescue.

The name and address of the applicant is:

Washington County

Attn: Natalie Nelson

33 N. 100 W., Suite 200

St. George, UT 84770

Phone: 435-634-5723

Email: Natalie.nelson@wcattorney.com

The equipment being utilized in this petition is the same equipment described in Exemption Nos. 

11138 and 12386. The UAS the County has acquired is a DJI Phantom 2 with a GoPro camera.

Regulations from which the exemption is requested:

In light of the following, the Administrator must determine which types of UASs 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 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 a visual line of sight of the operator

Exemption request section 333 of the FAA Reform Act & Part 11 of the Federal Aviation 

Regulations from 14 CFR 45.23 (b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b); 

91 .103(b); 91.109; 91.119; 91.121 ; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a) (1); 

91.409; 91.417 (a) & (b).

14 CFR Part 21, 45.29, 45.23:

The aircraft has no area to display numbers or letters that are at least 2” in size.

14 CFR 91.7(a) 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.

91.9(b) requires an aircraft flight manual in the aircraft. As there are no on-board pilots or 

passengers, and given the size of the UAS, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a safety/flight manual by the person in control of the 

UAS.

14 CFR 91.103: Since there will not be a FAA approved hexacopter manual to be provided we

will need to be exempt. We will again follow our enclosed pre-flight checklist to ensure safety 

and airworthiness. 

14 CFR 91.109: UAS are controlled by a transmitter and do not have the capability for dual 

controls. It is our understanding there have been other aircraft approved without dual controls. 

14 CFR 91.119: Since flights will never be above 400' AGL and usually 150' to 200' AGL, we 

requested an exemption as the altitudes cited in 14 CFR 91.119 would cause us to exceed said 

400' AGL. 

14 CFR 91.121: UAS does not have a traditional altimeter. It does however have a barometric 

type which displays the altitude on the transmitter of which is monitored at all times to prevent 

exceeding 400' AGL. The transmitter has voice announcements of altitude a certain heights. 

There is also an alarm on the transmitter when reaching within 50' of 400' AGL. 

14 CFR 91.151: The UAS does not use traditional fuel but rather battery power. The battery

provides for up to 18 minutes plus of flight time with a 20% reserve of battery power. If this 

level is reached the UAS returns to home and lands. However, no flights will last longer than 13 

minutes as an extra safety net. 

All batteries are only used if freshly charged. All batteries are visually inspected and volt tested 

before each flight.

14 CFR 91.203: There is no cockpit to include said certificates or registration documents. Any

certificates, exemptions or registration documents will be with the PIC on the ground level. 
14 CFR 91.405, 91.407, 91.409, 91.417: 

As there is no airworthiness inspections available, we request an exemption. Again we will 

perform pre-flight checklists to ensure safety. If our pre-flight checklist does not pass, we will 

abort flight. Any items of concern will promptly be repaired using similar components and 

records will be kept through maintenance record.

How the County’s request will benefit the public as a whole:

Aerial videography for tourism has been utilized for years through the use of manned, fixed wing 

aircraft and helicopters. Congress has proclaimed that it is in the public’s interest to integrate 

commercially flown UAS’s into the national airspace system, hence the passing of the Reform 

Act. Granting the County’s exemption request furthers the public interest through visual

awareness of the geographical benefits of the area. Furthermore, the public will be benefited by

the aid a UAS can offer in the occurrence of an emergency. It can be utilized to give a bird’s-eye 

view of geographical features and hazards such as fires and floods. The consequence of the ultralight weight UAS malfunctioning is far less than a full-sized helicopter or fixed wing aircraft; 

which both contain combustible fuel and can cause catastrophic devastation in the unfortunate 

event of malfunction.

Granting this exemption substantially furthers the economic impact for the County by promoting 

tourism and providing information about National Parks, outdoor activities, events, etc. Also, 

granting the petition will provide emergency responders with a tool to safely, quickly and 

remotely assess a situation without placing lives in harm’s way.

Reasons why the County’s exemption will not adversely affect safety – or how the 

exemption will provide a level of safety at least equal to the existing rule:

The County’s exemption would permit operation of an ultra-light weight, unmanned (piloted by

remote control) UAS in tightly controlled and limited airspace. The UAS will be flown with a 

Pilot in Command (“PIC”) with the following additional restrictions:

 All operations will occur in Class G airspace at no more than 400' AGL. The vast 

majority of flights will be well below this limit at an average of 150' to 200' AGL to 

accomplish the best photographs and videos. 

 Any required permits will be obtained from local and state governments before flights.

 The aircraft will not operate directly above human beings at any time or within 150 feet 

of human beings. 

 Maximum Flight Time will be approximately 15 minutes. Battery allows 18 minutes plus 

of flight time. Batteries are inspected and always fully charged before use. 

 The aircraft will not operate within 5 miles of an airport/heliport without prior approval 

from said airport/heliport. 

 All operations will be during the daytime and in ideal weather conditions of less than 15 

mph winds and clear skies. 

 Aircraft will remain in visual line of site at all times not to exceed 1/4 mile from PIC. 
 Aircraft will not fly in the area of any full scale aircraft and if a full scale aircraft comes 

into airspace during the aircraft's flight, it will be landed immediately to allow right of 

way to full scale aircraft. 

 Our opinion is a private pilot's license is not applicable to flying a UAS for several 

reasons (flight controls are different than a traditional aircraft). 

 UAS will never be used as an invasion of privacy and only be used for the purposes listed 

above. 

 Insurance will be maintained at all times. 

 In the event that pilot communication is lost the UAS is designed to slowly descent to the 

point of takeoff, as well as incorporating a designated “fail-safe” toggle switch to initiate 

the UAS to slowly land at the home point of takeoff.

 The County will not operate the UAS near airports, hospitals or police heliports and will 

not operate near areas where the general public is within 50 yards depending on location, 

conditions, and most of all permission.

 The County will not cause the UAS to “create a hazard to users of the national airspace 

system or the public.” 112 P.L. 95 § 333(b).

 Any and all rules and regulations given by the FAA will be followed completely.

We are prepared to modify or amend any part of this petition for exemption to meet or exceed 

concerns of safety. We do look forward to working with the FAA to provide a great service to 

our community in a safe manner.

Sincerely,

/s/ Natalie Nelson

Natalie Nelson

Deputy Washington County Attorney

Washington County, Utah