US Department of Transportation Exemption Request Pursuant to Section 333 of the 

FAA

Reform Act and Part 11 of the Federal Aviation

March 11, 2016

Mr Santos Creations, LLC

375 Kirkland Ave, Suite 104

Kirkland, WA 98033

tjs@mrsantoscreations.com

U.S Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590

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 CFR91.9(b)(2); 14 CFR

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 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)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuant to the authority contained in 49 U.S.C. 

106(f), 40113, and 44701.

Dear Sir or Madam:

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

"Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), MR SANTOS 

CREATIONS hereby applies for an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of Designated UAS, provided such 

operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

Thank you in advance for your consideration.
Commercial operation of an UAS, as described herein, which are equipped with

camera(s) and sensors, would provide professional services in the following areas:

1. Photography / Videography

2. Inspections

3. Event planning and tourism

4. Agriculture

5. Land surveying

6. Event documentation

7. Structural inspection

8. Advertising or public awareness projects

9. News gathering services

10. Live video feed to assist with search and rescue operations by request of local 

authorities.

11. Inspection of television, radio, microwave and cellular broadcast towers, 

inspection of wind turbine operations.

12. Photography for film and TV production

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

designated UAS as set forth in this document under controlled conditions in the NAS that 

would be a) limited b) controlled c) predetermined and d) safe. Approval of this 

exemption would increase public awareness of UAS operations and enhance safety to aid 

in fulfilling 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."

The name and address of the applicant is

Mr Santos Creations, LLC

375 Kirkland Ave, Suite 104

Kirkland, WA 98033

tjs@mrsantoscreations.com

From which the exemption is requested: 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 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)
14 CFR 91.409 (a)

14 CFR 91.417 (a)

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No.

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507),

11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon

Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see

Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned 

aircraft (UA) 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.

Mr Santos Creations, LLC will operate one or more of the following model UAS.

DJI INSPIRE 1

Safety requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced emissions and 

noise, the grant of the requested exemption is in the public interest. Accordingly, the 

applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as 

set forth in the Flight Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating 

speed of no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS

model in operation, but will not exceed 30 minutes. Flights will be terminated at

25% battery power reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground

Level (AGL) and not more than 200 feet above an elevated platform from which

filming is planned.
6. Minimum crew for each operation will consist of the UAS Pilot and at least one

Visual Observer (VO), and may include a third, but separate, Camera Operator

(CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have

logged a minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the 

days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions

(VMC) only.

11. The flights will occur in Class G airspace no closer than a mile radius of the

geographic center/Airport Reference Point (ARP) of a tower controlled or

uncontrolled airport.

12. Flights will not be closer than a 5-mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each

flight.

14. The operator will obtain verbal/written consent of all persons involved with the

planned operation and ensure that only consenting persons will be allowed 

within100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety determination, as U.S. Department of

Transportation required under the FOM. With the advanced permission of the

FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to

date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules.

18. If the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a predetermined location within a 

designated location and land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an 

automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted

obstacles, weather, or emergencies such as low battery.

21. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

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 

requirements for the issuance of airworthiness certificates as required by FAR §91.203 

§91.203 (a) (1). Given the size and limited operating area associated with the aircraft to 

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 Section333 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 

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. fully loaded, 

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

flammable liquid fuels, and operates exclusively within a secured and designated area. 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements provide a 

a greater degree of safety to the public and property owners than conventional operations

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 

credible threat to national security posed by the UAS, due to its size, speed of operation, 

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.

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/' "lightsport/'"experimental/' or "provisional/' as 

applicable. Even though the UAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the 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). US Department of Transportation February 20, 2015 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 The 

proposed UAS operations may achieve an equivalent level of safety as achieved by 

current Regulations because the applicant's UAS do not carry any pilots or passengers nor 

property. The risks attendant to the It is believed that 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 checklists 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 FOM in Section 4 under Normal 

Procedures 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. §91.109: Flight Instruction. Section 91.103 provides that no person may 

operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. UAS and remotely 

piloted aircraft, by their design do not have fully functional dual controls. Flight control 

is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety is provided by the fact that neither a 

pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft.

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 AGL, or not more than 200 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 400 AGL with the exception that in circumstances 

where the UAS is used to survey or photograph a structure whose height exceeds 400 feet 

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 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, and 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 SSibs. 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 U.S. 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 applicant 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 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. The applicant believes that an

equivalent level of safety can be achieved by limiting flights to 30 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 well under the proposed 

551b limit 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. An

equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to 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 sections and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to the applicant. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited 

in size and will carry a small payload and operate only in restricted areas for a limited

period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in 

working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual. As provided in the FOM, and a link on last page, the 

operator will ensure that the UAS is in working order prior to initiating flight and 

perform required maintenance needed.

Additional Information

The applicant, Mr Santos Creations, LLC, believes this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the Reform 

Act of 2012, providing sufficient justification for the granting of commercial operations 

of the applicant's UAS. I also believe it’s in the public’s interest on granting the 

exemption, as this ability to do business allows for further education of the positive sides 

of the new technology and the proper levels of safe and legal operation of UAS.

The applicant Mr Santos Creations, LLC requests your respective approval of this 

Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify Mr Santos Creations, LLC of 

your actions, and or approvals. Thank you, for your interest in this request.

Sincerely,

Terrence Santos

Mr Santos Creations, LLC