MR. DONOVAN BANTA

dba UNIQUE PERSPECTIVES, LLC

1105 DONNA KAY

KERRVILLE, TEXAS 78028

dbanta@stx.rr.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; 

and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 

CFR).

Outlined below are the descriptions of the parts, subparts and sections in which I request exemptions 

and my reason for requesting the exemptions.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions 

approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes that 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.

Section 61.113(a) and (b) prescribes that— (a) no person who holds a private pilot certificate may act 

as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot 

may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or 

employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition.

Section 91.119 prescribes 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. 

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section.
Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that no person may begin 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 [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft 

registration Application as provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of 

the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved 

for return to service by a person authorized under § 43.7 of the same chapter.

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that— (a) each registered owner or operator 

shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return 

to service.

2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.
(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service. 

Unique Perspectives, LLC exemption requests from all listed above are noted below:

Unmanned Aircraft System: 

Unique Perspectives, LLC plans to operate the following UAS, the DJI PHANTOM 2 Vision+ and the DJI 

Phantom 3 Professional, which is comprised of an unmanned aircraft (UA or PHANTOM’S). The DJI 

Phantom 2 vision+ and the DJI Phantom 3 Professional are quad-copter’s with a gross weight of about 3 

pounds each. Each UA is equipped with four rotors that are driven by electric motors which is powered 

by batteries. The UA’s have a maximum airspeed of 30 to 35 mph. 

Unique Perspectives, LLC plans to use these UAS in aerial photography and cinematography on farming 

sites, crisis situations with local municipal and county agencies, enhancing real-estate listings and other 

such tasks for businesses, which could benefit from an aerial view for their planning of future 

expansions and/or advertising of their products or business. For most businesses and realtors in the 

area, standard aerial photography has been very cost prohibitive. The economic impact of being able to 

assist these businesses using aerial photography would be substantial.

The use of this UAS in the above named applications greatly reduces risk to the public and property as 

there is no fuel carried by the PHANTOMS, aircraft noise is greatly reduced as opposed to a standard 

aircraft or rotorcraft both of which require numerous passes or extended lengths of hover time to 

accomplish the same task as the PHANTOMS can in only a few minutes. The PHANTOMS only weighs 

about 3 pounds each and are by far a much smaller hazard to persons or property than a standard 

aircraft or helicopter in the event of a catastrophic in-flight failure.

Unique Perspectives, LLC’s main priority is the safety of the public and its property.
Unique Perspectives, LLC makes the following representations of its operation in which to abide by to 

ensure these exemptions if granted, will provide a level of safety at least equal to existing rules: The 

PHANTOMS will only be operated by, Donovan Banta, who has completed at a minimum, 150+ hours of 

flight on non-GPS stabilized UAV craft which require an elevated level of flight knowledge and attention 

to detail while operating these type of craft. In addition, I have 53 hours of logged flight time using the 

Phantom 2 vision+ and will soon accomplish the 8 hour mark for logged flight time using the Phantom 3 

Professional. All flying hours completed have been as a UAV hobbyist, with the focus of:

a) Collision avoidance

b) Loss of C2 link procedures as outlined in the Operators manual for the Phantom 2 Vision + and 

the Phantom 3 Professional. 

c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing weather etc.

d) Estimating distance from objects, persons, vehicles and vessels.

e) Communication with the spotter(s)

f) Completed the DJI Phantom 2 vision+ and DJI Phantom 3 Professional pilot training guide 

maneuvers and skills.

g) The ability to recognize persons or objects that are not part of the intended and permitted part 

of the project that enter the 500 foot operational area unless such persons or objects are deemed 

permitted by the owner or controller of the property or area and the PIC (pilot in command) makes 

a safety assessment of the risk of operating closer and it does not pose undue or significant risk. 

h) The ability to quickly and safely land the PHANTOMS in the event of intrusion into the safe 

zone.

1.) A complete pre-flight systematic check by the PIC (pilot in command) of the PHANTOMS 

physical condition, i.e. props, landing gear, position indicator lights, battery capacity, battery level 

of UAV and remote, and overall airframe condition. If any of the above are not within the 

manufacturers minimum standards no flight will take place until such time as the issue(s) is 

repaired to manufacturers standards.

2.) Written documentation of each physical inspection and repairs if any, by the PIC (pilot in 

command) will be kept with the Phantom and will be on-site and available for review.

3.) Software in relation to both PHANTOMS operation will be checked for proper function. The most 

current DJI vision APP/DJI Pilot APP and the current firmware will be installed to assure the most 

up to date safety features.

4.) Prior to every flight, the compass on the PHANTOMS will be calibrated as to ensure precise 

location.

5.) Unique Perspectives, LLC will ensure the altimeter setting on the PHANTOMS is that of AGL (above 

ground level) rather than GPS or barometric pressure derived settings.

6.) Every safety feature offered through the DJI vision APP/DJI Pilot APP will be enabled for every 

flight, every time. Listed are the following safety features:

a. Enable ground station

b. Compass calibration

c. Low battery auto go home

d. Dynamic home point

e. Current RTH (return to home) altitude (AGL) (14) Low battery alarm 

7.) Use of the DJI Ground Station GUI (graphical user interface)
Of particular interest are the following:

a. Flight attitude and radar function

b. Flight parameters-RTH (return to home) altitude, horizontal distance from home point, 

altitude-vertical distance from home point, speed-horizontal flying speed.

c. Flight Battery Level indication

d. There is a built in preflight checklist within the DJI vision APP/DJI Pilot APP which is and 

will be completed prior to each flight.

e. Aircraft GPS Status - Unique Perspectives, LLC’s PHANTOMS will not fly with less than (7) 

GPS Satellites available.

f. Hide or show flight parameters- Unique Perspectives, LLC’s PHANTOMS will ALWAYS fly 

with parameters displayed in order to assist in maintaining safe distances from persons 

and objects and to adhere to the flight plan.

8.) Unique Perspectives, LLC will operate with a minimum of (1) one, trained spotter for every flight. 

“Trained” meaning familiarization with the PHANTOMS, its abilities according to the operators’ 

manual as well as the abilities of PIC. Spotters will participate in documented training developed 

in-house prior to being allowed on the flight line. 

Training will consist of, at a minimum the following:

a) The ability to roughly identify minimum distance from objects

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the 

PHANTOMS

c) The ability to communicate with the PIC the visual limitations and to never 

let the PHANTOMS out of the visual capabilities of the PIC and the 

spotter(s).

d) The ability to recognize persons or objects that are not part of the intended 

and permitted part of the project that enter the 500 foot operational area 

unless such persons and objects are deemed permitted by the owner or 

controller of the property or area and the PIC makes a safety assessment of 

the risk of operating at a closer range and it does not pose undue or 

significant risk to those persons or objects.

e) The ability to accurately describe to the PIC, the orientation of the 

PHANTOMS in relation to the pre-set home point as well as the direction of 

travel.
f) The training will take place under strict, safe conditions away from persons 

or large obstacles. I.e. large open fields.

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing detailing the 

estimated flight distance, estimated flight level AGL and the goal of the particular flight. Each 

preflight briefing will be documented by the PIC to include flight details, pilot name, spotter(s) 

name, weather details, time and date.

Written and/or verbal consent will be obtained from the person/business requesting the flight.

A post-flight briefing will also be conducted and documented with the PIC and the spotter.

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the postflight brief and written consent will be kept by Unique Perspectives, LLC for a period of at least (2) 

years. 

Unique Perspectives, LLC believes that given the size, weight, speed, and limited operating area 

associated with the PHANTOMS, requests an exemption from 14 CFR part 21, Subpart H 

(Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain 

conditions and limitations, is warranted and meets the requirements for an equivalent level of 

safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

Unique Perspectives, LLC requests exemption from § 45.23 Marking of the aircraft. The 

PHANTOMS do not have a cabin, does not have a cockpit or a pilot station. Minimum sized 

lettering and wording are difficult to place on the PHANTOMS. Unique Perspectives, LLC will 

however affix a sticker on the unit which will contain contact information for the company in case 

of aircraft loss.

Unique Perspectives, LLC requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2) 

and 91.417(a) and (b) Maintenance inspections and feel it should be granted since they only apply 

to aircraft with an airworthiness certificate. Unique Perspectives, LLC has developed maintenance 

inspections and documentation methods for the PHANTOMS from personal experience as well as 

the manufacturer’s user manuals.

Unique Perspectives, LLC requests relief from § 91.119(c) because the aircraft will be operated at 

altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an aircraft 

below the following altitudes: 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.

Unique Perspectives, LLC will operate pursuant to the following restrictions related to § 91.119:

-Operate in reasonably safe environments that are closely monitored by ground assistants and 

signage placed in locations that would be considered reasonable locations for pedestrians, 

vehicles or vessels to enter the area. -Within 5 miles of airports and congested areas. 
Congested areas will be defined by VFR charts as well as by contacting the San Antonio, Texas

FSDO (flight standards district office).

- Conduct all operations under Unique Perspectives, LLC’s guidelines contained in the operating 

documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety.

-Contact respective airports if operations will be within 5 miles to advise them of estimated 

flight time, flight duration, elevation of flight and other pertinent information deemed 

important by the airport. 

- Always obtain all necessary permissions prior to operation. Permissions include but are not 

limited to a (COA) and a request for a (NOTAM) as well as permission from the property owner 

or person in control of the property and when practical, will be in writing and kept on file for 2 

years for review. If it’s not possible to obtain written permission, the PIC will document in 

writing how permission was obtained i.e. phone call with date, time and party information.

Unique Perspectives, LLC requests relief from 14 CFR 91.121 Altimeter Settings. Unique 

Perspectives, LLC’s PHANTOMS have a barometric altimeter and GPS derived altitude 

capabilities. The FAA requires any altitude reported to ATC to be in feet AGL. Unique 

Perspectives, LLC will set the altimeter on the PHANTOMS to zero feet AGL rather than local 

barometric pressure or field altitude before flight.

Unique Perspectives, LLC requests relief from § 91.151 (a) Fuel requirements for flight in VFR 

conditions based on the following: No fuel is used in the PHANTOMS as they are battery 

operated. Batteries have, in our experience have about 25 minutes of quality flying time. In the 

interest of safety, Unique Perspectives, LLC generally lands with 35% of battery remaining which 

gives about 15 - 20 minutes of flying time per battery. The PHANTOMS have an audible battery 

state warning system. Unique Perspectives, LLC will always follow the manufactures minimum 

battery warning which is 30% remaining. There is also an on-screen warning of low battery, 

‘Return to Home’ and that message is announced if flight distance has exceeded battery 

capacity. In this event, an emergency landing would be made as soon as safe and practical. The 

PHANTOMS also have an automated function which results in immediate Return to Home when 

a low battery is detected. Researching previous relief requests, relief has been granted for 

manned aircraft to operate at less than prescribed minimums, including Exemption Nos. 2689, 

5745, and 10650. In addition, similar UAS specific relief has been granted in exemption Nos. 

8811, 10808, and 10673 for daytime, VFR conditions. Unique Perspectives, LLC will adhere to all 

VFR minimums as well as VMC conditions when planning and/or executing any flights. There is 

little purpose for aerial video or pictures if the weather is less than desirable. Following VFR 

minimum standards will at least ensure a safe flight. Wind and forecast weather will be a key in 

deciding suitable conditions. Local weather can be attained from the Kerrville Municipal Airport

AWOS @ 830-895-2204. No flight will take place in any condition that would potentially be 

outside of the PHANTOMS capabilities in wind. Unique Perspectives, LLC will always fly within its 

30% minimum remaining battery life at its first intended landing point.

Unique Perspectives, LLC will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations. Unique Perspectives, LLC will 
also request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 

48 hours prior to the operation.

If there are any areas that have not been addressed, please contact me for supplemental information. 

Thank you for your time,

Donovan Banta

Dba Unique Perspectives, LLC

1105 Donna Kay

Kerrville, Texas 78028

830-370-9068

dbanta@stx.rr.com