In accordance with 14 C.F.R. § 11.81, Meg Bitton Photography LLC provides the 

following information in support of its petition for exemption: 

A) Name and Address Of The Petitioner. 

The name and address of the Petitioner is:

Meg Bitton Photography LLC

69 Leonard Avenue, Tenafly, NJ 07670

The point of contact for this Petition and specific contact information is as follows: 

David Bitton

69 Leonard Avenue, Tenafly, NJ 07670

Tel: (201) 486-1681

Email: david@megbitton.com

Meg Bitton Photography LLC is applying to the FAA for exemption would allow 

the petitioner to operate an unmanned aircraft system (UAS) to perform aerial 

photography/videography for landscape photography, real estate & building 

professionals as well as to augment portrait & wedding events. Meg Bitton 

Photography LLC has been operating in good faith and without blemish for 5

years and carry substantial liability insurance for the photography/videography 

business.

Airworthiness of UAS

The UAS proposed by the petitioner is a Lumenier QAV500 V2 and any of their

subsequent upgrades as long as they are in accordance with the restrictions of 

Section 333.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and 

parts, Subpart H—Airworthiness Certificates in accordance with the statutory criteria provided in 

Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated 

with the aircraft and its operation, we request that the Secretary of Transportation 

determine that this aircraft meets the conditions of Section 333 and thereby 

requests exception. 

BASIS FOR PETITION

Petitioner, Meg Bitton Photography LLC., pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and 

Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft 

Systems, hereby petitions the Administrator for an exemption from the 
requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 

91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted 

category airworthiness certification standards specified in 14 C.F.R. § 21.185, 

including the requirement to have a certificate of airworthiness as contemplated 

by 14 C.F.R. Part 21. 

The Specific Sections of 14 C.F.R. From Which Meg Bitton Photography LLC Seeks 

Exemption. 

1. 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 Meg Bitton Photography LLC, an exemption from Part 21 

Subpart H 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 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 UAV. In all cases, an analysis of these criteria 

demonstrates that the UAV 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. 

All of the UAVs to be operated hereunder are less than 55 lbs. fully loaded, carry 

neither a pilot nor passenger, carry no explosive materials or flammable liquid 

fuels, and operate exclusively within a secured area as set out in the Meg Bitton 

Photography LLC Operations 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 inspections. The FAA will have 

advance notice of all operations. These safety enhancements, which already 

apply to civil aircraft operated in connection with power generation inspections, 

provide a greater degree of safety to the public and property owners then 

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 

UAVs, due to their size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

2. 14 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 UAV will have no airworthiness certificate, an exemption may be 

needed as the UAV will have no entrance to the cabin, cockpit or pilot station on 

which the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," can be placed. Given the size of the UAV, two-inch lettering will be 

impossible. The word "experimental," may be placed on one of the rotor arms of 

each UAV, in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the UAVs marked on their rotor arm as required by §45.29 (f) 

where the pilot, observer and others working with the UAV will see the 

identification of the UAV as "experimental,". 

The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 

3. 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 UAVs will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations without requiring

PIC operating the aircraft to have a private pilot’s license or a commercial pilot’s 

license to operate these small UAVs. Unlike a conventional aircraft that carries 

the pilot and passengers, Meg Bitton Photography LLC’s UAV 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 as set forth in 

the Meg Bitton Photography LLC Operations Manual VSI-005 Rev. 2 (Manual). 

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

that provided by a single individual holding a commercial or private pilot’s 

certificate operating a conventional aircraft. The risks associated with the 

operation of the UAVs are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing 

operations of these UAVs as requested without a commercial or private pilot as 

the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & 

(b). 

4. 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. 

5. 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 UAVs, given their size and configuration have 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 UAV 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. 

6. 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 will be needed. An equivalent level 

of safety will be provided as set forth in the Manual. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. 

7. 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. 

UAVs 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. 

8. 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. As this exemption is for a UAV 

that is a multi-rotor VTOL and the exemption requests authority to operate at 

altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated platform 

from which operations are planned, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in the 
Manual, the UAV will never operate at higher than 400 ft. AGL. It will however be 

operated 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 UAVs as well as the location where they will be 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 participants in the filming activity, 

all affected individuals will be aware of the planned flight operations as set forth 

in the Manual. Compared to flight operations with aircraft or rotorcraft weighting 

far more than the maximum 55 lbs. 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 400 ft. AGL in the 

power generation industry. In addition, the low-altitude operations of the UAVs 

will ensure separation between these small UAV operations and the operations 

of conventional aircraft that must comply with Section 91.119. 

9. 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 

UAV 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. 

10. 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 30 

minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The batteries powering all of Meg Bitton Photography LLC’s UAVs provide 

approximately 35 minutes of powered flight. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, UAV flights would be limited to approximately 

five (5) minutes in length. Given that this limitation would prohibit the flight of the 

UAVs, a longer time frame for flight in daylight or night VFR conditions is 

reasonable. 

Meg Bitton Photography LLC 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 UAV, 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 UAV. 
Additionally, limiting UAV flights to 5 minutes would greatly reduce the utility for 

which the exemption will be granted. 

Meg Bitton Photography LLC believes that an equivalent level of safety can be 

achieved by limiting flights to 25% of battery power. This restriction would be 

more than adequate to return the UAVs to their planned landing zone from 

anywhere in their limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

11. 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. 

All of Meg Bitton Photography LLC UAVs fully loaded weigh no more than 55 lbs.

and are 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 UAVs. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UAV will have immediate access to 

them, to the extent they are applicable to the UAV. 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. 

12. 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Meg Bitton Photography LLC. Maintenance will be accomplished by Meg Bitton Photography LLC pursuant to 

the flight manual and operating handbook as referenced in the Manual. (See 

Sections L and Q) An equivalent level of safety will be achieved because these 

small UAVs 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 

UAV can land immediately and will be operating from no higher than 400 feet 
AGL. As provided in the Manual, Meg Bitton Photography LLC will ensure that 

every UAV 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. 

13. The Extent Of Relief Meg Bitton Photography LLC Seeks And The Reason Meg 

Bitton Photography LLC Seeks Relief From 14 C.F.R. § 21.185.

Meg Bitton Photography LLC seeks relief from the airworthiness certificate 

requirements of the Federal Aviation Regulations and proposes to commercially 

operate a Lumenier QAV500 V2, without an airworthiness certificate, for the 

special purpose of conducting aerial inspection services for its customers, 

pursuant to specific operating limitations and a Safety Management System 

(“SMS”). Meg Bitton Photography LLC seeks relief from the airworthiness 

certificate requirements of 14 C.F.R. § 21.185 to the extent that the Lumenier 

QAV500 V2, which has not yet been type certificated by the FAA, may be 

operated as if they were a restricted category aircraft for a single, defined, 

special purpose operation (i.e., aerial inspection). 

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 

(“Section 333”), Meg Bitton Photography LLC seeks relief from the airworthiness 

certificate requirements of the FAR because operation of the Lumenier QAV500 

V2 will not create a hazard to users of the NAS, or the public, or otherwise pose 

a threat to national security. Section 333 sets forth the requirements for 

considering whether a UAV will create a hazard to users of the NAS or the public 

or pose a threat to national security. Further, Section 333 provides the authority 

for such UAV to operate without airworthiness certification.

Specifically, Section 333 states the following, in part: 

(b) Assessment of Unmanned Aircraft Systems. --In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

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

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

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1) set 

forth below, numerous factors, including the proven safe operational history of 

the Lumenier QAV500 V2 in the NAS, as well as the specific parameters of Meg 

Bitton Photography LLC’s intended operation pursuant to this exemption, 

demonstrate that the Lumenier QAV500 V2 have in the past, and will continue in 

the future, to operate safely in the NAS without creating a hazard to other aircraft 

or people on the ground. Accordingly, the FAA may approve operation of the 

Lumenier QAV500 V2 without an airworthiness certificate, by setting forth 

specific operating limitations to ensure a level of safety equivalent to what would 

be provided by airworthiness certification.
*********

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: 

Meg Bitton Photography LLC seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); §§ 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), 91.417 (a) & (b), as well 

as the restricted category airworthiness certification standards specified in 14 

C.F.R. § 21.185 to operate commercially unmanned vehicle (55lbs or less) for 

aerial inspections. 

This will greatly reduce risk of injury, etc. in filming/photographing aerial still and 

video shots for my business than using a helicopter or other manned flight 

apparatus. In contrast, a Meg Bitton Photography LLC UAV weighing fewer than 

55 lbs. and powered by batteries eliminates virtually all human risk given that the 

PIC is on the ground. 

Every Meg Bitton Photography LLC UAV is carried to the inspection site and not 

flown. The UAVs will carry no passengers or crew and, therefore, will not expose 

them to the risks associated with manned aircraft flights. The operation of small 

UAVs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an improved level of safety supporting the grant of the 

exemptions requested herein, including exempting the Meg Bitton Photography 

LLC 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 by humans dangling from ropes. 

Reasons Why Granting Meg Bitton Photography LLC’s Request Would Be in The Public 

Interest 

Granting the present Petition will further the public interest by allowing Meg Bitton 

Photography LLC to safely, efficiently, and economically perform aerial 

photography for real estate & building professionals as well as augment portrait & 

wedding events. Additionally, use of the Meg Bitton Photography LLC UAVs will 

increase worker safety by reducing human exposure to extreme heights. Notably, 

the benefits of the proposed operation of the Meg Bitton Photography LLC UAV 

will be realized without implicating any privacy issues. 

CONLUSION: 

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 to perform aerial 

photography/videography for landscape photography, real estate & building 

professionals as well as to augment portrait & wedding events.
David B. Bitton

Meg Bitton Photography LLC

69 Leonard Avenue

Tenafly, NJ 07670

david@megbitton.com

(201) 486-1681