19014 E Vassar Dr., Aurora, CO 80013

June 29, 2015 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 

14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, GPettis Photography, an operator of Unmanned Aircraft Systems (“UASs”) for aerial 

photography and video survey, for the real estate, motion picture, television industry, and 

communications industry hereby applies for an exemption from the Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its UASs.

GPettis Photography ’s requested exemption would permit the operation of small, unmanned UAS 

under 55 pounds to conduct HD aerial video and photography under the Operational Control of an 

individual holding at least a Private Pilot certificate; under direct control of a Pilot in Command (PIC); 

within Visual Line of Sight (VLOS); while utilizing (as needed) a second person for the purpose of a Safety 

Observer. As established by the exemptions already granted by the FAA, approval of GPettis 

Photography exemption would 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.
19014 E Vassar Dr., Aurora, CO 80013

The name and address of the applicant is: 

GPettis Photography, 

Attn: Greg Pettis 

PH: 303-519-7046 

Email: gpettisphotograph@gmail.com

Address: 19014 E Vassar Dr., Aurora, CO 80013

Regulations from which the exemption is requested: 

14 CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 

CFR 91.121, 14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417

UASs operated by GPettis Photography, weigh less than 55 pounds, including the payload (i.e. camera, 

lens, and gimbal). They operate at speeds of no more than 50 knots, can hover via GPS hold, and can 

simultaneously move vertically and horizontally. GPettis Photography, will only operate its UASs in line 

of sight below 400 feet AGL and will operate under the operational control of (at minimum) an FAA 

certified private pilot while maintaining a safety observer (as needed). Such operations will insure that 

the UAS will “not create a hazard to users of the national airspace system or the public.”

Given the small size of GPettis Photography’s UASs and the safety considerations proposed in this 

petition, GPettis Photography’s UAS operations adhere to the Reform Act’s safety requirements. 

Additionally, due to the size of the UASs and the proposed use in which they will operate, approval of 

this application presents no national security issues. Based on the level of safety surrounding the 

proposed operations, and the significant public benefit: Marketing and development of real estate, 

public awareness, reduction in environmental impacts by reduced emissions and noise, as well as an 

increase in revenue to the local economy through real estate development. The grant of the requested 

exemption is in the public interest. Accordingly, GPettis Photography, respectfully requests that the FAA 

grant the requested exemption.
19014 E Vassar Dr., Aurora, CO 80013

Aircraft and Equivalent Level of Safety 

The operating limitations proposed by GPettis Photography provide for at least an equivalent or higher 

level of safety because operations further enhance safety of real estate, movie, and television filming 

using conventional aircraft. 

GPettis Photography proposed limitations and conditions include: 

• The UASs will weigh less than 55 pounds. 

• Flights will be operated within line of sight of a pilot and/or observer. 

• Maximum flight time for each operational flight will be 30 minutes (flights will be terminated at 15% battery 

power reserve should that occur prior to the 30 minute limit). 

• Flights will be operated at an altitude of no more than 400 feet AGL.

• Minimum crew for each operation will consist of the UAS Pilot (and a qualified visual observer if UAS pilot is an 

unlicensed private pilot).

• An FAA licensed airman with at least a private pilot’s certificate and third class medical will oversee all flight 

operations to ensure the highest degree of safety. 

• All UAS Pilots will undergo in-house training before operating any UAS for commercial use. This will include 

situational awareness training, airspace education, and proper operation of the proposed UAS. 

• The UAS will be operated within a confined area preprogrammed into the software, avoiding inadvertent flyaway or flight beyond set parameters. 

• A briefing will be conducted for planned UAS operations prior to each day’s flight. All personnel involved in the 

operations are required to attend. 

• The operator will obtain consent of all persons involved in the filming and ensure that only consenting persons 

will be allowed within 50 feet of the flight operation during flight. 

• 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. 

• If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location and land. The location will be clear of all persons or property during the duration of the 

flight.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

• The UASs will operate on the following frequencies, which are all FCC compliant and do not require specific 

licenses when transmit power is limited to 1 watt: 902 to 928 MHz, 2.400 to 2.4835 GHz, and 5.725 to 5.875 

GHz. 

• The UASs will not operate in the proximity of Class B, C or D surface areas or in airport boundaries unless specific 

permission is granted from local FSDO, airport officials and NOTAM advisory dispersed as required by FAA 

and/or local airport operations.
19014 E Vassar Dr., Aurora, CO 80013

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

Given the size and limited operating area associated with the UASs to be utilized by GPettis 

Photography, this 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 Section 333 of the Reform Act 

both authorize the FAA to exempt the UASs 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 UASs. In all cases, an analysis of these criteria demonstrates that a UAS operated 

without an airworthiness certificate, in a 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. 

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitation:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to noncommercial operations. Because 

the UAS will not carry a pilot or passengers, the proposed operations can achieve an equivalent level of 

safety of current operations by requiring all operations to be supervised by (at minimum) an individual 

holding private pilot’s license rather than requiring that individual to hold a commercial pilot’s license to 

operate a small UAS. Unlike conventional manned aircraft, a ground-based operator remotely controls a 

UAS. The operational area is limited, and all flights are planned and coordinated in advance. The level of 

safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a UAS are far lower from those associated 

with commercial operations contemplated by Part 61. Allowing operational control of a UAS by a private 

pilot exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). 

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an 

equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, 

airspace, NOTAMS, TFRs flight battery requirements, landing and takeoff distances, and performance 

data before commencement of flight. Additionally all UAS will be checked for security of attached 

components prior to every flight.

14 C.F.R. § 91.109: Flight Instruction

Section 91.109 states, “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.” The proposed 

UASs will be operated utilizing an autopilot to maintain controlled flight, and all UASs are programmed 

to return to a level attitude and hover when the controls are returned to a neutral position. Because of 

these built in safety features, dual control is not necessary in order to maintain an equivalent level of 

safety proposed by section 91.109 during training. All training will be conducted in a controlled 

environment as to not cause undue harm or damage to persons or property. 
19014 E Vassar Dr., Aurora, CO 80013

14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 provides, in 

pertinent part, that: “except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes... (c) Over other than congested areas. 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.” 

Because GPettis Photography, requests authority to operate at altitudes only up to 400 AGL, and not 

more than 200 above an elevated platform from which filming is planned, an exemption is needed to 

allow such operations. 

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. All affected individuals will be informed of the planned flight operations. 

Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated 

with the proposed UAS operations is far less than conventional aircraft operating at or below 500 AGL. 

In addition, the low-altitude operations of the UAS will ensure separation between a UAS and 

conventional aircraft. 

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 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 a UAS may not have a barometric altimeter, but instead reference a GPS 

altitude, an exemption is needed. The operator will achieve an equivalent level of safety, confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151: Fuel Requirements for Flight in VFR Condition

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. . . .” The battery powering the proposed UASs provides approximately 30 minutes of 

powered flight. Therefore the UAS cannot meet the 30-minute reserve requirement in 14 CFR §91.151. 

In lieu of this requirement the UAS flights will be terminated at approximately 15% remaining battery 

life or better. GPettis Photography, believes that an equivalent level of safety can be achieved by 

limiting flights to 15% of battery power, this restriction would be more than adequate to return the UAS 

to its pre-determined landing zone from anywhere in its limited operating range. 

GPettis Photography, is not seeking an exemption for night-time UAS operations. 

GPettis Photography, is not seeking an exemption to operate outside of the United States.
19014 E Vassar Dr., Aurora, CO 80013

14 C.F.R. §91.405: 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 GPettis 

Photography operations. Maintenance will be accomplished by the operator in accordance with the 

manufacturers recommended procedures. An equivalent level of safety will be achieved because the 

UASs are limited in size, will carry a small payload (camera) and operate only for limited periods of time. 

A preflight inspection will be performed prior to every flight to ensure no mechanical issues are present. 

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 flight, and perform any 

required maintenance. Moreover, the operator is the person most familiar with the UAS and best suited 

to maintain it in an airworthy condition 

14 C.F.R. §91.407: Operation after Maintenance

Functional check flights will be conducted away from people or property after any maintenance has 

been accomplished on the UAS. The UAS may be returned to service once it has been determined safe 

for flight. 

14 C.F.R. §91.409: Inspections 

Due to the small size of the UASs that will be operated by GPettis Photography, and limited 

components, we request that the UASs be exempt from regularly scheduled inspections. To meet an 

equivalent level of safety sought by 14CFR 91.409, all UASs will be thoroughly inspected prior to flight. 

Since the UASs will have limited components, a thorough inspection can be accomplished before each 

flight, eliminating the need for periodic, time based, or flight-hour based inspection cycles. 

14 C.F.R. §91.417: Maintenance Records

As previously described, the UASs proposed size and use significantly limits the amount of maintenance 

required. The UASs that will be operated by GPettis Photography, are designed by the manufacturer for 

the average hobbyist to purchase and fly with minimal assembly, regular preventative maintenance is 

limited to security of attached components and proper storage of, and charging of batteries. As such, 

GPettis Photography, requests an exemption from maintaining maintenance records as prescribed by 

14CFR 91.417. However, in order to operate as safely as possible, GPettis Photography, will keep a 

running log of all maintenance performed on each UAS, and any anomalies noted during operation in 

order to diagnose and prevent problems with the UAS. 
19014 E Vassar Dr., Aurora, CO 80013

Summary for Publication

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: 

GPettis Photography, seeks an exemption from the following rules: 14 CFR Part 21 Subpart H, 14 CFR 

61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121,14 CFR 91.151, 14 CFR 

91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417 to operate commercially small unmanned vehicles (55 

pounds or less) for aerial photography and video survey, for the real estate, motion picture, television 

industry, and communications industry. 

As established by the UAS exemptions already granted by the FAA, allowing commercial operations of 

UASs in the real estate and film industry will enhance safety by reducing risk. Conventional film 

operations, using turbine aircraft, operate at low altitudes and present the risks associated with aircraft 

that weigh thousands of pounds, and carry large amounts of fuel. Such aircraft must also fly to and from 

the film location. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries virtually 

eliminates all of that risk given the small size and lack of combustible fuel. The UAS is carried, and not 

flown, to a film location. In this regard, the UAS carries no passengers or crew, therefore will not expose 

anyone to the risks associated with manned flights. The operation of UASs conducted in accordance with 

this request will provide an equivalent level of safety supporting the grant of the exemption requested 

herein. The UASs operate at slow speeds, close to the ground, and within a limited range. As a result, 

they are far safer than conventional operations conducted with turbine helicopters carrying fuel and 

flying near the ground and people. 

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 to grant GPettis Photography, s 

requested exemption, allowing for GPettis Photography’s UAS commercial operations for aerial 

photography and video survey, for the real estate, motion picture, television industry, and 

communications industry.

Sincerely,

Greg Pettis, President/Owner 

GPettis Photography