From: Photo. Fly Boy (Robert De Witt) 

5317 .Heather Glen 

Garland, TX 75043 

Date: 8/27115 

U.S. Department of Tr~nsp~rtation;· Docket,Op~r~tions 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., Washington, DC 20590 

- ;· .. 

.. ' >./ I '~ .; . 

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

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 61.113 (a) & (b); 

91.7 (a);91.9 (b) (2);91.1 03(b); 91.1 09;91.119; 91.121; 91.151 (a);91.203(a) & (b);91.405 

(a); 91.407(a) (1 ); 91.409 (a) (2);91.417 (a) & (b). 

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, Photo Fly Boy, operator of Small 

Unmanned Aircraft Systems ("sUASs") equipped to offer on-demand commercial UAS 

operations for a host of industries and applications. 

These .. include: 

.. Flare stack inspection 

• Utility-power generation system inspections and patrolling 

• Pipeline inspection and patrolling 

• Filmmaking, cinematography, and videography 

• Precision agriculture 

• Wildlife and forestry monitoring 

• Aerial surveying 

• Construction site inspection and monitoring 

• Public Entity Support Operations 

Photo Fly Boy 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 As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in 

airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements to the already safe operations 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 applicant is: Photo Fly Boy Attn: Robert De Witt 5317 Heather Glen, Garland, 

TX 75043 Ph: 214-923-5353 Email: bob@photoflyboy.com 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) 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 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 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) 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. 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 defmed under §40 101 of the Act that includes s UASs, from the requirement that all civil 

aircraft must have a current airworthiness certificate. The Administrator may grant an exemption 

from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 

49 U.S.C. §4470l(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

AirRaid Aerials' 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 and will operate only within a sterile area. Such operations will insure that the sUAS 

will "not create a hazard to users of the national airspace system or the public." Reform Act 

Section 333 (b). 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 UASs to commence immediately. Also due to the 

size of the UASs 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, 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. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 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 operations conducted 

with conventional aircraft. These limitations and conditions to which Photo Fly Boy agrees to be 

bound when conducting commercial operations under an FAA issued exemption include: 1. The 

sUAS will weigh less than 55 lbs. 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 45 minutes. Flights will 

be terminated at 25% battery power reserve should that occur prior to the 45 minute limit. 4. 

Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform from which filming is planned. 5. Minimum crew for each operation 
will consist ofthe sUAS Pilot, the Visual Observer, and/or the Camera Operator. 6. sUAS pilot 

will meet current FAA requirements. This will include 3rd class medical and valid drivers license 

meet the Sport Pilot requirements. 7. sUAS Pilot will be Pilot in Command (PIC). If a pilot other 

than the sUAS Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual 

Observer), that person can also be designated as the PIC. 8. The UAS will only operate within a 

confined "Sterile Area" of the flight operations area. 9. A briefmg will be conducted in regard to 

the planned sUAS operations prior to each day's activities. It will be mandatory that all personnel 

who will be performing duties within the boundaries of the safety perimeter be present for this 

briefing. 10. The operator will obtain the consent of all persons bvolved and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and this radius may be 

reduced to 30 feet based upon an equivalent level of safety determination. 11. Pilot and observer 

will have been trained in operation ofUAS generally and received up-to-date information on the 

particular UAS to be operated. 12. Observer and pilot will at all times are able to communicate 

by voice and/or text. 13. Written and/or oral permission from the relevant property holders will 

be obtained. 14. 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. 15. Ifthe sUAS loses communications or loses its GPS signal, the UAS 

will have capability to return to a pre-determined location within the Security Perimeter and 

land. 16. The sUAS will have the capability to abort a flight in case ofunpredicted obstacles or 

emergencies. 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 for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft 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 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

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 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 sUAS to be operated hereunder is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. 

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

monitored by both the operator, pursuant to the Manual's requirements, and under the 

requirements and in compliance with local public safety requirements, to provide security for the 

area of operation as is now done with conventional filming. The FAA will have advance notice of 

all operations. These safety enhancements, which already apply to civil aircraft operated in 

connection with motion picture and television production, provide a greater degree of safety to 

the public and property owners than conventional 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 threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. !4 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. Even though the UAS will have no g_irworthiness 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 sUAV, two-inch lettering 

will be impossible. The word "Experimental" will be placed on the fuselage in compliance wi.th 

§45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on 1ts 
fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV 

will see the identification of the UAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 

61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) 

& (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot 

or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot's license :rather than 

a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in advance. 

The level of safety provided by the requirements included in the Manual exceeds that provided 

by a single individual holding a commercial pilot's certificate operating a conventional aircraft. 

The risks associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b). 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 and the requirements contained in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, 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 sUAS, given 

its size and configuration has no ability or place to cany 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 sUAS will have immediate access 

to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 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 wil! be needed. The PIC will take all actions including 

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 instmction unless that aircraft has fully functioning dual controls. sUASs 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. See 

Exemption Nos.5778K & 9862A. The equivalent level of safety 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 

presc.tibed for helicopters by the FAA. As this exemption is for a sUAS 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, except for the limited conditions stated in the Manual, the 

UAS will never operate at higher than 400 AGL. It will however be operated in a r~stricte~ area 

with security perimeter, where buildings and people will not be exposed to operatiOns w1t~out 

their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, 
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and speed of the UAS as well as the location where it is operated. No flight will be taken without 

the required permission of the property owner or local officials. Because of the advance notice to 

the property owner and participants in the aerial 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 55lbs. 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 other industries. In addition, the low-altitude operations 

of the sUAS will ensure separation between these small-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 sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level 

of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, 

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 45 

minutes; or (2) At night, to fly after that for at least 45 minutes." The battery powering the sUAS 

provides approximately 40 minutes of powered flight. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 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. Applicant believes that an exemption from 14 CFR §91.15l(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 only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender 

the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed of the 

small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 45 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS 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): 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 no more than 55 

lbs 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 sUAS. An equivalent level of 

safety will be achieved by keeping these documents at the ground control point where the pilot 

flying the sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 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 section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. The operator pursuant to the flight manual and operating 
handbook will accomplish maintenance. An equivalent level of safety will be achieved because 

these small UASs are very limited in size and will cany a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, 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. ********* Pursuant to 14 C.F.R. 

Part 11, the following summary is provided for publication in the Federal Register, should it be 

determined that publication is needed: Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2); 

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

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less). Approval of exemptions allowing commercial operations of sUASs, will 

enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, 

operate at extremely low altitudes just feet from the subjects being filmed and in extreme 

proximity to people and structures and present the risks associated with vehicles that weigh in 

the neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must 

fly to and from the operational location. In contrast, a sUAS weighing fewer than 55 lbs. and 

powered by batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is carried to the operation site and not flown. The 

sUAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. The operation of small UASs, weighting less than 55 

lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein, including exempting the applicant from 

the requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far 

safer than conventional operations conducted with turbine helicopters operating in close 

proximity to the ground and people. Privacy All flights will occur over private or controlled 

access property with the property owner's prior consent and knowledge. Filming will be of 

people who have also consented to being filmed or otherwise have agreed to be in the area where 

filming will take place. The grant of this exemption request will provide improved safety in both 

day and night operations. Satisfaction of the criteria provided in Section 333 of the Reform Act 

of 2012- -size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security - provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 

applicant's UAS. 

Photo HyBoy 

5317 Heather Glen, Garland, TX 75043 

Robert DeWitt 

214 923-5353 

bob@photoflyboy.com