10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

November 4, 2015

United States Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption request pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012

Petitioner:

Christopher J. Gourdine, President

Pics Aloft, Inc.

10455 51st Terrace North

Saint Petersburg, FL 33708

picsaloft@gmail.com

(727) 667-8872

Introduction: 

Pics Aloft, Inc. (Petitioner) is an aerial photography, videography and cinematography company 

which utilizes small unmanned aircraft systems (sUAS) to provide high quality aerial images to 

the television and motion picture industry for scripted closed set filming as well as other aerial 

photography and videography services for the real estate, construction and entertainment 

industries at an affordable price and while maintaining a higher level safety than the alternative 

of manned flight operations. As set forth in this petition, Pics Aloft, Inc., seeks an exemption to 

allow commercial operation of sUAS as long as a such operation is conducted within and under 

the condition outlined herein or as may be established by the FAA as required by Section 333.

Basis for Petition:

Pics Aloft, Inc., pursuant to Federal Aviation Regulations (FAR) (14 C.F.R. §11.61) and the FAA 

Modernization and Reform Act of 2012 (FMRA), Section 333, hereby respectfully petitions the 

Administrator for an exemption from the requirements of 14 C.F.R. 45.23(b), 61.23(a), 

61.101(e)(4)& (5), 61.113(a), 61.315(c)(2)&(3), 91.7(a), 91.9(2), 91.119(b)(c), 91.121(a), 

91.151(b), 91.405(a), 91.409(a)(1), as well as the certificate of airworthiness requirement under 

14 C.F.R. Part 21, Subpart H.. The petitioner offers the following as basis for and authority 

granted to the FAA for the purpose of issuing the exemption. 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

1. Section 333

Under Section 333(a) Congress has mandated that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rule- making required by section 332 of this Act or the guidance 

required by section 334 of this Act.”

Section 333 (b)(1)&(2) asserts that the Secretary shall determine, (1) “which types of unmanned 

aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity 

to airports and populated areas, and operation within visual line of sight do not create a hazard 

to users of the national airspace system or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation of unmanned 

aircraft systems identified under paragraph (1)”

Section 333(c) states “If the Secretary determines under this section that certain unmanned 

aircraft systems may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

2. 49 U.S.C. 44701

U.S Code, Title 49, Subtitle VII, Part A, Subpart iii, Chapter 447 44701 states, “The Administrator 

may grant an exemption from a requirement of a regulation prescribed under subsection (a) or 

(b) of this section or any of sections 44702–44716 of this title if the Administrator finds the 

exemption is in the public interest.

Aircraft seeking exemption:

The petitioner is seeking exemptions for the DJI Phantom 3 Professional, DJI inspire 1 and 3D 

Robotics Solo Drone. All three aircraft are small rotorcraft designed in a quadcopter 

configuration propelled by four battery powered electric motors, controlled by one or more 

ground based hand held remote ground control station utilizing an FAA compliant Radio 

Frequency (RA). All aircraft have similar flight characteristics, weigh less than 55 pounds and 

have a maximum speed of less than 87 knots. 

Criteria for exemption under Section 333:

Given the small size weight and relatively low operating speeds of the UAS the operating 

standards can maintain the same or greater safety levels than conventional manned flight 

operations while mitigating risk to persons and property on the ground. The following factors 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

will ensure the highest level of safety is realized. 

1. Visual Line of Sight

The UAS(s) will be flown during daylight hours under visual meteorological conditions operated 

only by pilots who hold a current airman certificate of sport pilot or greater and within visual 

line of sight (VLOS) of the pilot in command (PIC) and utilizing the assistance of a visual observer 

(VO). The PIC and the VO will maintain verbal communication during the duration of the flight. 

2. Proximity to Airports and Airspace:

The UAS(s) will not be operated within 5 miles of the geographical center of an airport without 

written permission from the airport/facility authority, in class B, C or D airspace or at an altitude 

of greater than 400 feet above ground level (AGL). Boundaries will be ensured with the aid of 

preprogrammed geo-fences within the manufacture software. 

3. Safety Systems

In addition to an experienced PIC and VO the UAS(s) offer several safety features designed into 

software and operation to provide an additional level of safety. An onboard GPS system allows 

for the aircraft to return to its departure point in the event of a loss of communication or 

eminent power failure. The UAS offers the ability to preprogram maximum altitudes and flight 

routes. Designed to self monitor and diagnose, the UAS(s) provide continuous updated data 

pertaining to flight control including speed, altitude and battery strength as well as geographical 

location and GPS signal strength. 

4. Flight Operations

All flights will be conducted in a manner which will preserve the safety of persons or property on 

the ground and in a manner not to interfere with manned or unmanned air traffic within the 

national air space. The following procedures will ensure the highest level a safety is obtained. 

A. The UAS will not be operated at a speed exceeding 87 knots or at an airspeed exceeding the 

manufactures recommend maximum airspeed. 

B. The UAS will not be operated above 400’ AGL. 

C. Prior to each flight the pilot in command will conduct a preflight inspection of the aircraft to 

determine the UAS is in safe flight condition. The inspection will include but not limited to flight 

controls, battery strength, GPS lock, compass calibration, meteorological conditions and data 

links and all flight will be aborted if minimum flight safety levels cannot be obtained. 

D. The UAS will be maintained in accordance with manufacture specifications, abide by 

manufactures maintenance, overhaul, replacement, inspection and life limit replacement 

requirements as well as comply with all safety bulletins.
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

E. The PIC will hold and maintain an airman certificate of Sport Pilot or greater and possess 

and maintain a valid state issued driver’s license or an FAA airman medical certificate. 

F. The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles. 

G. The PIC will abort flight in the event of emergency or unexpected obstacles arise or if 

continued flight will interfere with manned or unmanned flight operations.

H. When operating for the purpose of closed set video filming and production the PIC will 

possess a Motion Picture and Television Operations Manual (MPTOM) and written permission 

will be obtained from the local Flight Standards District Office (FSDO) at least 3 days prior to 

aerial filming. 

5. Privacy

All flights will be conducted above controlled areas where permission has been granted by the 

property owner or representative or agent of the property owner, municipality, government or 

law enforcement agency. Every attempt will be made to inform occupants and neighboring 

properties of the nature of the flight as well as scheduled time and duration.

6. Security and Threat to Public and National Security

To prevent unauthorized use contrary to Section 333 or the limitations of the requested 

exemption, all UAS(s) will be held stored and operated by Pics Aloft, Inc. The relatively short 

flight times and the lack of a manned flight crew or flammable fuel pose a significantly lower 

level of risk to people or property than the current method of utilizing helicopters and fixed 

wing air craft. 

7. Public Benefit

Current methods of aerial filming involve utilizing specially equipped helicopters and fixed wing 

aircraft with flight crews and photography and video operators to obtain desired views and 

vantage points. Such operations incorporate significant risk to airborne crews, aircraft and 

participants and non-participants on the ground as well as incur substantial production costs. 

Granting this exemption will allow Pics Aloft, Inc. to provide high quality, high definition video 

and photography and cinematography services at significantly lower level of risk and at 

considerably lower cost. 

Exemption Sought:

Pics Aloft, Inc., pursuant to Federal Aviation Regulations (FAR) (14C.F.R. 11.61) and the FAA 

Modernization and Reform Act of 2012 (FMRA), Section 333, hereby respectfully petitions the 

Administrator for an exemption from the requirements of 14 C.F.R. 45.23(b), 61.23(a), 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

61.101(e)(4)& (5), 61.113(a), 61.315(c)(2)&(3), 91.7(a), 91.9(2), 91.119(b)(c), 91.121(a), 

91.151(b), 91.405(a), 91.409(a)(1), as well as the certificate of airworthiness requirement under 

14 C.F.R. Part 21, Subpart H.

1. 14 C.F.R. Part 21 Subpart H. 

Subpart H, Airworthiness Certificates, outlines the procedural requirements for issuing 

airworthiness certificates as required by FAR 91.203(a)(1). Due to the relatively low weight, size 

and limited operating range associated with aircraft operated by the petitioner, the requested 

exemption from Part 21 Subpart H meets the requirements of the equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. Relief from this regulation will allow Pics Aloft, 

Inc. to uphold or exceed the level of safety by following flight operations and maintenance 

procedures as outlined by the manufacture. The Federal Aviation Act (49 U.S.C. 44701(f)) and 

Section 333 of the Reform Act both provide the FAA the authority to exempt aircraft from the 

requirement for an airworthiness certificate upon consideration of size, weight, speed and 

operating capabilities of the aircraft. Granting the exemption will not prevent or adversely affect 

the ability to provide the same or elevated level of safety when compared to conventional 

aircraft operations operating with an airworthiness certificate without the proposed restrictions 

and limitations. 

2. 14 C.F.R. §45.23(b) Display of marks; size of marks

This 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.” Relief from this regulation is sought given the size of the aircraft 

and the nature of UAS lack of cabin entrance and cockpit will prevent adherence to this 

regulation. It is proposed that the FAA issued registration N number and the word 

EXPERIMENTAL will be displayed on the aircraft at the largest practice size in a manner that 

allows visual identification of the aircraft by the pilot, observers, and others associated with the 

operation of the aircraft in compliance with 14 C.F.R. 45.29(f). 

3. 14 C.F.R. § 61.23(a) Medical certificates: Requirements and duration

This regulation requires a person (a)(1) must hold a first class medical certificate. Relief from 

this regulation is requested as a valid state issued Drivers License will suffice as sufficient 

evidence of the PIC physical condition and ability to provide for a safe flight. All pilots will be 

required to maintain an airman certificate with rating of Sport Pilot or greater. A state issued 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

Drivers License should be accepted as this provision has been granted to Sport Pilots under 

61.23(c)(1). 

4. 14 C.F.R. § 61.101(e)(4)&(5) Recreational pilot privileges and limitations

This regulation stipulates that a Recreational Pilot may not act as pilot of command of an aircraft 

(4) for compensation or hire (5) in the furtherance of a business. An exemption of this regulation 

is sought on the basis that the PIC of the UAS will be required to hold and maintain a current 

airman certificate with a rating of Sport Pilot or greater to ensure the PIC possess the knowledge 

and understanding of the national airspace, NOTAMs, TFRs, meteorological conditions, weather 

patterns and aeronautical decision making procedures. As the UAS does not carry passengers or 

cargo for hire (with the exception of video or sensory equipment) the risk associated with the 

operation of the UAS is much less than the risk inherent to commercial air operations described 

in 14 C.F.R. 61. 

5. 14 C.F.R. § 61.113(a) Private pilot privileges and limitations: Pilot in command

This regulation stipulates that a Private Pilot may not act as pilot of command of an aircraft that 

is carrying passengers or property for compensation or hire. An exemption of this regulation is 

sought on the basis that the PIC of the UAS will be required to hold and maintain a current 

airman certificate with a rating of Sport Pilot or greater to ensure the PIC possess the knowledge 

and understanding of the national airspace, NOTAMs, TFRs, meteorological conditions, weather 

patterns and aeronautical decision making procedures. As the UAS does not carry passengers or 

cargo for hire(with the exception of video or sensory equipment) the risk associated with the 

operation of the UAS is much less than the risk inherent to commercial air operations described 

in 14 C.F.R. 61.

6. 14 C.F.R. §61.315(c)(2)&(3) What are the privileges and limits of my sport pilot license

This regulation stipulates that a Sport Pilot may not act as pilot of command of an aircraft (2) for 

compensation or hire (3) in the furtherance of a business. An exemption of this regulation is 

sought on the basis that the PIC of the UAS will be required to hold and maintain a current 

airman certificate with a rating of Sport Pilot or greater to ensure the PIC possess the knowledge 

and understanding of the national airspace, NOTAMs, TFRs, meteorological conditions, weather 

patterns and aeronautical decision making procedures. As the UAS does not carry passengers or 

cargo for hire(with the exception of video or sensory equipment) the risk associated with the 

operation of the UAS is much less than the risk inherent to commercial air operations described 

in 14 C.F.R. 61.
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

7. 41 C.F.R §91.7(a) Civil aircraft airworthiness

This regulation states, “No person may operate a civil aircraft unless it is in an airworthy 

condition.” As there is no current FAA regulations pertaining to air worthiness certificates for 

UAS, an exemption from this regulation is requested until official procedures have been 

approved and adopted. To ensure an appropriate level of safety, maintenance routines and 

schedules and preflight checklists obtained from the manufacture will be followed. Given the 

size and weight of the aircraft along with the intended nature of the flights and the associated 

level of risk the safety levels of this regulation will be met or exceeded. 

8. 14 C.F.R. §91.9(2) Civil aircraft flight manual, marking, and placard requirements

This regulation stipulates (2) No person may operate a US registered civil aircraft (b) For which 

an Aircraft 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. Due to the size of the UAS 

and the lack of a cockpit or storage compartment, relief from this regulation is sought. In order 

to maintain the level of safety intended by this regulation, an Aircraft or Rotorcraft Flight 

Manual or the equivalent supplied by the manufacture will be available to the PIC at the ground 

control station for reference at any time during flight and will be presented on request from the 

FAA or any government, state or local law enforcement agency.

9. 14 C.F.R §91.119(b)(c) Minimum safe altitudes

This regulation restricts operation of an aircraft below the following altitudes (b) Over any 

congested area of a city, town, or settlement, or over any open air assembly of persons, an 

altitude of 1000 feet above the highest obstacle within a horizontal radius of 2000 feet of an 

aircraft, (c) An altitude of 500 feet above the surface, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person vessel, vehicle or structure. 

An exemption from this regulation is requested due to the nature of UAV based photography 

and cinematography industry, many flights for the purpose of aerial photography intended to 

promote the sale of real estate must be performed in areas designated as congested areas such 

as subdivisions, building development sites, condominiums and resort and apartment 

complexes. All flights will be conducted on/over public or private property or where prior 

permission has been granted by the property owner or a representative of the property owner, 

municipality, government or law enforcement agency. Each flight will be conducted utilizing a 

visual advisor (VO) and operated within visual line of sight (VLOS) of both the PIC and the VO 

and at an altitude of 400 feet above ground level (AGL) or less. Additionally, flights for the 

purpose of inspecting construction and infrastructure, i.e. communication and utility towers and 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

distribution lines, often fall is areas designated as congested. In order to deliver the equivalent 

level of safety, every attempt will be made to inform neighboring property owners and residents 

of the nature of the flight, scheduled flight times and duration. 

During flights intended for the purpose of providing video and photography for live sporting 

events and large public gatherings with prior written consent form the producer, promotor, 

venue or facility owner municipality, government or law enforcement agency may require the 

operation within 500 feet of people, vessels, vehicles or structures. To ensure safe operations, 

every attempt will be made to inform the public, attendants and participants of the nature of 

the flight and scheduled flight times, flights directly above the public, attendants and 

participants will be avoided and flights will be aborted in the event that it is determined 

continued flight could result in injury to persons or property on the ground.

Flights which require the UAV to maneuver within 100 feet of a participant will be conducted on 

a closed set with full consent of all participants. Closed set operations to include flight times, 

altitudes and course will be reported to the nearest Flight Services District Office (FSDO) three 

days prior to flight.

10. 14 C.F.R §91.121(a) Altimeter settings

This regulation requires (a) Each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter. An exemption is 

requested due to the fact the UAS does not carry a barometric altimeter, instead the UAS relies 

on a GPS altitude indicator. An equivalent level of safety will be ensured by following 

manufacture approved preflight checklists and verifying departure altitude prior to flight. 

11. 14 C.F.R §91.151(b) Fuel requirements for flight in VFR conditions

This regulation stipulates (b) No person may begin a flight in a rotorcraft under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and for at least 20 minutes. 

An exemption from this regulation is requested due to the short flight time capacity of the UAS. 

No flight will begin with less than 75% battery capacity and all flights will be terminated when 

battery levels fall to 30%. Additionally, the UAS is equipped with a fail safe feature which will 

automatically return the UAV to the original departure point should the battery level fall to 

critical level. This will ensure the equivalent level of safety the regulations intended. 

12. 14 C.F.R §91.405(a) Maintenance required

This regulation states that each owner or operator of an aircraft (a) Shall have the aircraft 

inspected as prescribed in sub part 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 
10455 51st

 Terrace North 

Saint Petersburg, FL 33771 

www.PicsAloft.com (727) 667-8872 PicsAloft@gmail.com 

 

of this chapter. An exemption from this regulation is requested as this regulation pertains to 

aircraft which have been issued an airworthiness certificate. To meet the intended safety margin 

of this regulation, all maintenance will be performed by trained qualified individuals following 

manufacture specified procedures. 

13. 14 C.F.R §91.409(a)(1) Inspections

This regulation dictates that (a) Except as provided in paragraph(c) of this section, no person 

may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) An 

annual inspection in accordance with part 43 of this chapter and has been approved for return 

to service by a person authorized by §43.7 of this chapter. Relief from this regulation is sought 

due to the fact that regulations have not been established regarding UAS inspections. To achieve 

the comparable level of safety the regulation was intended, the UAS will be inspected prior to 

each flight to establish the flight worthiness of the aircraft and will follow inspection and 

maintenance procedures outlined by the manufacture. 

Conclusion:

Pics Aloft, Inc. respectfully requests exemption from the fore mentioned regulations to allow 

pursuit of a commercial UAS based aerial photography and videography business without 

imposed restrictions which prove to be contrary to the operation of the business providing an 

equivalent level of safety is maintained. By granting this petition for exemption, the FAA 

Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 as well as providing for the public interest. 

Respectively submitted,

Christopher J. Gourdine

President

Pics Aloft, Inc.