June 8th, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590 

Dear Sir or Madam: 

Attached please find Dan Pamenter’s ( dba “Aerial Photos of America”) request for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of its small Unmanned Aircraft Systems (“sUASs”) for aerial data 

collection. Dan Pamenter founded Aerial Photos of America in 1974 and has been producing high quality aerial images 

for more than 30 years. Dan Pamenter now holds a non-current Private Pilots certificate and until recently, employed 

Commercial rated pilots to fly Aerial Photos of America’s Cessna 177RG for a period of 17 years. Aerial Photos of 

America now leases planes and helicopters on a “as needed” basis, but needs to compete with unauthorized UAV 

photographers. Aerial Photos of America recognizes many safety, ecological and economical benefits of using sUAS’s 

over conventional full size, piloted aircraft for low level photography. Aerial Photos of America would like to use it’s DJI 

Phantom 2 Vision + sUAS quad copter for aerial data collection. Dan Pamenter has approximately 150 hours of 

recreational flying of the Phantom Vision and other similar models of sUAV’s. 

Thank you for your time and consideration, and please inquire with any questions.

Respectfully,

Dan Pamenter 

Founder & President

Aerial Photos of America

2725 W. Capitol Dr.

Appleton, WI 54914

Ph. (920)730-9100
June 8th , 2015 

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., 

SE Washington DC 20590 

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); 91.103(b); 91.109; 91.119; 91.121; 91.151(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, Aerial 

Photos of America. an aerial imaging firm, hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems (“sUASs”) for low level aerial imaging, 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 detailed in this document the requested exemption would permit the operation of 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 best practices safety protocols followed by Aerial Photos of America. 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: 

Aerial Photos of America 

Dan Pamenter

Ph. (920)730-9100

Email: swissaerial@yahoo.com

Address: 2725 W. Capitol Dr. Appleton, WI 54914

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113 (a) (b)

14 C.F.R. 91.7 (a) 

14 C.F.R. 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 C.F.R. 91.151 (a)

14 C.F.R. 203 (a) (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) (b) 1. 
I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes 

exempting civil aircraft, as the term is defined under 40101 of the Act, including sUASs, 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 ion the public interest. 49 

U.S.C. 44701(f) See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203(a)(1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the National 

Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this 

determination, the Secretary must consider: 

 The sUAS’s size, weight, speed, and operational capability; 

 Whether the sUAS operates within the visual line of sight of the operator

 Whether the sUAS operated outside of highly populated areas and away from close proximity to airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “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). 

Aerial Photos of America’s sUASs are multirotator vehicles, weighing 10 or fewer lbs. including payload. We 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. The sUASs will operate only in the pilot’s visual line of sight at all times. Such 

operations will insure that the sUASs 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 environment within which they will operate, our 

application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the 

FAA must, by exemption, allow commercial operations of sUASs to commence immediately. 

Also due to the small size of the sUASs and the low altitudes and restricted areas in which our 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, the grant of the requested exemptions is in the public interest. Accordingly, Aerial Photos of 

America respectfully requests that the FAA grant the requested exemption without delay. 

II. PUBLIC INTEREST 

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 NAS before completion of the rulemaking required under Section 332 of the Reform Act. By 

granting an exemption the FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions 

in low risk environments. 

The use of sUASs on remote sites can significantly reduce the risk to pilots, photographer and the public over high speed, 

large, piston/turbine driven, piloted, full size aircrafts. sUASs can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require dangerous worker inspection. Falls are the leading source of workplace fatality and 

injury on construction sites, and reducing falls through sUAS use for site imaging could save workers lives. 
Additionally, sUASs could replace the use of helicopters and small aircraft to monitor sites. The sUASs we propose to fly 

in this application are under five pounds, and carry no combustible material on board, as opposed to the much larger 

conventionally powered small aircraft. Shifting to sUASs from helicopters and airplanes presents a marked safety 

increase for workers and the public. 

Lastly, sUASs reduce the environmental impact by dramatically reducing the energy required for aerial imaging and data 

collection over any site. Our sUASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation 

of small aircraft that are many hundreds of times heavier and function at comparatively very high speeds.

III. EQUIVALENT LEVEL OF SAFETY

Aerial Photos of America 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 protocols followed by professional aeronautical users.

Aerial Photos of America will be bound by the following limitations when conducting its sUAS operations under an FAA 

issued exemption: 

1. The sUAS will be less than 10 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real 

time, and will return to it ground station with at least 20% battery power reserve should that occur prior to the 30 

minute limit. 

4. Flights will be operated at an altitude never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the sUAS pilot who will keep the sUAS within his/her visual line of sight at all 

times.

6. The sUAS pilot will be trained in flight, operations, and safety procedures. 

7. The sUAS will operate only in a confined area while providing construction site data collection.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production 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. 

9. All on-site personnel will consent to the UAS flyover on site by waiver, and the operator will obtain additional verbal 

or written consent of all persons who will be allowed within 100 feet of the flight operation. 

10. The pilot will have been trained in operation of UASs generally and received up-to-date information on the particular 

UAS to be operated. 

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county, or city jurisdiction, including 

local law enforcement, fire, or other appropriate governmental agencies. 

13. If the sUAS loses communications or loses its GPS signal, it will have the capability to return to a pre-determined 

location within the Security Perimeter and land. 

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

IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR 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 Aerial Photos of America, an exemption from 

Part 21 Subpart H meets the requirements of an equivalent level of safety under Part II 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 

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. Our small UAS will be operated at low 

speed in a controlled environment, at least five miles from an airport and more than three miles from any city or densely 

populated area. 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 conventional 

aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator, and under the requirements 

and in compliance with local public safety requirements, to provide security for the area of operation as is currently 

done on active construction sites. The FAA will have advance notice of all operations. 

These safety enhancements, which already apply to civil aircraft operated in connection with construction sites, 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 ability to carry and external load no 

greater than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certified aircraft, or light-sport category aircraft to be 

marked with letters between 2 inches and 6 inches high “limited”, “restricted”, “light-sport”, “experimental”, or 

“provisional”, near each entrance to a cabin, cockpit, or pilot station. 

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 

sUAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with 

45.29(f). 

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by 45.29(f) where 

the pilot, observers and others working with the sUAS will see the identification of the UAS as “Experimental” The FAA 

has issued the following exemptions to this regulation. Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 CFR 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 

pilot operating the aircraft to have completed a UAS flight training course of 100 hours before flying a UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo 

on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The 

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

sUAS as requested with a pilot who has met the minimum requirements 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 is 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 use of safety checklists prior to each flight, as set 

forth in Section B and Section G, an equivalent level of safety will be provided. 

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

The sUAS, 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 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 

a flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate 

preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalent 

level of safety. 

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. 

By design, sUAS and remotely piloted aircraft 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 previously 

approved exemptions for aircraft without fully functional dual controls. 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, the ability 

to control the uUAS via radio signals from the controller, 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. This exemption is for a multirotor craft that flies similarly to a 

helicopter, with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 AGL, so an 

exemption may be needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and will 

be 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, 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 any onsite personnel, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more that 

the maximum 10 lbs. proposed herein and carrying flammable fuel, any risk associated with our 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 Safety Checklist, confirming the altitude of 

the launch site shown on the GPS altitude indication before flight. 

14 C.F.R. 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in 

sterile and controlled environments as outlined above and has a limited range and flight time which require an 

exemption from 14 CFR 91.151 (a). 

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR 91.151, sUAS flights would be limited to approximately 5 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. 

Aerial Photos of America believes that an exemption from 14 CFR 91.151 (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 of risks 

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. 

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that 

the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring 

system and the pilot), 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 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration.

The regulation provided in 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 he 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 10 lbs and is operated without an onboard pilot. Therefore 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 CFR 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 © 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 Aerial Photos of America. Maintenance will be accomplished by the operator pursuant to the flight manual and 
operating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry 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 and exemption from the following rules: 14 C.F.R. Part 21, subpart H; 14 

C.F.R. 45.23(b); 14 C.F.R. Parts 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)(b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)(b) to operate 

a small unmanned vehicle (55lbs or less) in construction operations.

Approval of the exemptions allowing commercial operations of sUAS’s in the construction industry enhances safety by

reducing or eliminating risk. Manned aircraft monitoring construction progress creates a greater risk because the 

aircraft are much larger, heavier, have combustible fuel and are occupied by human pilots and photographers. In 

contrast, a sUAS weighing fewer than 10 lbs and powered by a small battery and no passengers eliminates virtually all 

catastrophic risk and carbon footprint.

Privacy 

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. 

Images taken will be of individuals who have also consented to being visually recorded and have agreed to be in the area 

where aerial photography will take place.

Respectfully,

Dan Pamenter

Founder and President

Aerial Photos of America

2725 W. Capitol Dr.

Appleton, WI 54914

Phone: (920)730-9100