Brandon	Presley	- Founder,	CEO

Drone	Finder,	LLC

9454	N	Adrian	Place

Kansas	City,	MO	64154

January	21,	2016

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);	 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, DRONE	 FINDER,	 LLC (“the applicant”),	 developer	 and	 operator	 of	

Small	 Unmanned	 Aircraft	 Systems	 (“sUASs”)	 equipped	 to	 conduct aerial	 photography,	

videography,	and	data	collection	for	real	estate,	construction,	and	marketing	purposes,	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	 in aerial	 photography,	 videography,	 and	 data	

collection	 for	 real	 estate,	 construction,	 and	marketing	 purposes	presently	 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:

DRONE	FINDER,	LLC

Attn:	Brandon	Presley

Ph:	(816)	214-0070

Email:	bpresley@dronefinder.com

Address:	9454	N	Adrian	Place,	Kansas	City,	MO,	64154

Regulations	from	which	the	exemption	is	requested:
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 2

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).1

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	defined	under	

§40101	of	the	Act,	which includes	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	in	 the	public	interest.	49	U.S.C.	§44701(f)	See	also	49	USC	

§44711(a);	49	USC	§44704;	14	CFR	§91.203	(a)	(1).

																																																							 1 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.
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 3

The	 applicant’s	 sUAS	 (Appendix	 1)	 are rotorcraft,	 weighing	 55	 or	 fewer	 lbs.	 including	

payload.	They	operate under	normal	conditions	at	a	speed	of	no	more	than 20	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	 the	 sterile	 area	 described	 in	 the	

Unmanned Aircraft	 Systems	 Operations Manual,	 attached	 as	 Appendix 2 (hereinafter	 “the	

Manual”).	 Such	 operations	 insure	 that	 the	 sUAS	 does “not	 create	 a	 hazard to	 users	 of	 the	

national	airspace	system	or	the	public.”

2

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	 for aerial	 photography,	 videography,	 and	 data	 collection	 for	 real	 estate,	

construction,	and	marketing	purposes,	the	granting of	the	requested	exemptions	is	in	the	public	

interest.	 Accordingly,	 the	 applicant	 respectfully	 requests	 that	 the	 FAA	 grant	 the	 requested	

exemption	without	delay.

Background	Information

The	applicant	is	in	the	business	of	aerial	photography,	videography,	and	data	collection	for	

real	estate,	construction,	and	marketing	purposes.	The	applicant’s	clients	look	to	the	applicant

for	 safe	 operations	 of	 sUAS.	 The	 applicant	 has	 developed	 specific	 safe	 UAV	 operational	

procedures.	 Increasingly,	 the	 applicant	 has clients	 looking	 for	 sUAS	 services	 for aerial	

photography,	 videography,	 and	 data	 collection	 for	 real	 estate,	 construction,	 and	 marketing	

purposes.

Operations performed	by	the	applicant include:

Aerial	Photography	and	Videography	for	Real	Estate

Aerial	Photography,	Videography,	and	Data	Collection	for	Construction

Aerial	Photography	and	Videography	for	Marketing	Purposes

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	 within 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	aerial	photography,	videography,	and	data	collection	for	real	estate,	construction,	

and	marketing	purposes	conducted	with	conventional	aircraft.

																																																							 2 Reform	Act	Section	333	(b).
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 4

These	 limitations	 and	 conditions	 to	 which	 the	 applicant 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	30	minutes.	Flights	will	be

terminated	at	25%	battery	power	reserve	should	that	occur	prior	to	the	30	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	flight is	planned.

5. Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot	and	the	Visual	Observer.

6. The	 sUAS	 pilot-in-command	 (PIC)	 will	 hold	 either	 an	 airline	 transport,	 commercial,	

private,	 recreational,	 or	 sport	 pilot	 certificate.	 The	 PIC	 will	 also	 hold	 a	 current	 FAA	

airman	medical	certificate	or	a	valid	U.S.	driver’s	license	issued	by	a	state,	the	District	of	

Columbia,	Puerto	Rico,	a	territory,	a	possession,	or	the	Federal	government

7. If	 a	 pilot	 certificate	 holder	 other	 than	 the sUAS	 Pilot,	 who	 possess	 the	 necessary	 PIC	

qualifications,	is	also	present	on	site,	that	person	can	also	be	designated	as	PIC.

8. The	sUAS	will	only	operate	within	defined	boundaries as	outlined	in	Section	8.4 of	 the	

Manual.

9. A	 briefing	 will	 be	 conducted	 in	 regard	 to	 the	 planned	 sUAS	 operations	 prior	 to	 each

mission. 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	 file	a	FAA	Form	 7711-1,	or	its	equivalent,	as	modified	in	light	of	 the

requested	exemption, with	the	appropriate	Flight	Standards	District	Office (FSDO).

11. The	operator	will	obtain	 the	consent	of	all	persons	involved	in	 the	mission 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,	as	required	by	Section	8.4 of	the	Manual.	With	the	advanced permission	

of	the	relevant	FSDO,	operations	at	closer	range	can	be	approved.

12. The	operator	will	submit	a	written	Plan	of	Activities	to	the	FSDO	three	days	before the	

proposed	mission as	required	in	Section	8.1 of	the	Manual. Items	will	include:

a. Dates	and	times	for	all	flights;

b. Name	and	phone	number	of	the	operator	for	the	UAS	mission conducted	under	

this	petition	of	exemption;

c. Make,	model,	and	serial	or	N-number	of	UAS	to	be	used;

d. Name	and	certificate	number	of	UAS	PICs	involved	in	the	mission;

e. A	 statement	 that	 the	 operator	 has	 obtained	 permission	 from	 property owners	

and/or	local	officials	to	conduct	the	mission;

f. The list	 of	 those	 who	 gave	 permission	 made	 available	 to	 the	 inspector upon	

request;

g. Signature	of	exemption-holder	or	representative;	and

h. A	description	of	the	flight	activity,	including	maps	or	diagrams	of	any	area, city,	

town,	 county,	 and/or	 state	 over	 which	the	 mission will	 be conducted	 and	 the	

altitudes	essential	to	accomplish	the	operation.

13. Pilot	and	observer	will	have	been	trained	in	operation	of	UAS	generally	and	received upto-date	information	on	the	particular UAS	to	be operated	as	required	in	Sections	7.4	and	

7.5 of	the	Manual.
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 5

14. Observer	and	pilot	will	at	all	times	be	able to	communicate	by	voice.

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

16. 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.

17. If	the	sUAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	will	have the capability	

to	return	to	a	pre-determined	location	within	the	Security	Perimeter	and land.

18. The	 sUAS	will	 have	 the	 capability	 to	abort	a	 flight	 in	 case	 of	 unpredicted	 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	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.	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 and	

observer,	 pursuant	 to the	 Manual’s	 policies,	 and	 under and in	 compliance	 with	 local	 public

safety	 requirements,	 to	 provide	 security	 for	 the	 area	 of	 operation	 as	 is	 now	 done	 with

conventional aerial	photography,	videography,	and	data	collection	for	real	estate,	construction,	

and	 marketing	 purposes.	 The	 FAA	 will	 have advance	 notice	 of	 all	 operations.	 These	 safety

enhancements,	 which	 already	 apply	 to	 civil	 aircraft	 operated	 in	 connection	 with aerial	

photography,	 videography,	 and	 data	 collection	 for	 real	 estate,	 construction,	 and	 marketing	

purposes,	 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.

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

The	regulation	requires:
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 6

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	 airworthiness	 certificate,	 an	 exemption	 may	 be	

needed	as	the	UAS	will	have	no	entrance	to	a 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	with	§45.29	(f).

The	 equivalent	 level	 of	 safety	 will	 be	 provided	 by	 having	 the	 sUAV	 marked	 on	 its	

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	pilot’s	

certificate 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	as	set	forth	

in	the	Manual.	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 by a	 pilot’s	 certificate 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	 checklists prior	 to	 each	 flight,	 as	 set	 forth	 in	 Sections	 9.1	 and	 9.6,	 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:
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 7

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	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	 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	 Sections	 8	 and	 9 of	 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.

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.

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	prescribed	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	operation is planned,	an	exemption	may	be	needed	to	allow	such	operations.	As	set	forth	
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 8

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	 restricted	 area	 with a security	

perimeter,	 where	 buildings	 and	 people	 will	 not	 be	 exposed	 to	 operations	 without	 their	 preobtained	consent.

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.	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	 mission,	 all	 affected	 individuals will	 be	 aware	 of	 the	 planned	 flight	

operations	as	set	forth	in	Section	6.2,	8.1,	and	8.2 of	the	Manual.	Compared	to	flight	operations	

with	aircraft	or	rotorcraft	weighing	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	in	the aerial	photography,	

videography,	 and	 data	 collection	 for	 real	 estate,	 construction,	 and	 marketing	 purposes.	 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	

checklist,	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	30	minutes;	or	(2)	at	night,	to	fly	after	that	for	at	least	45	

minutes.”

The	battery	powering	the	sUAS	provides	approximately	30	minutes	of	powered	flight.	To	

meet	 the	30-minute reserve	 requirement	in	14	CFR	§91.151,	sUAS	 flights	would	be	limited	 to	

approximately	20	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	§91.151(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
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 9

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	20 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	

20	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.
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 10

Given	 that	 these	 sections and	 Part	 43	 apply	 only	 to	 aircraft	 with	 an	 airworthiness

certificate,	these	sections	will	not	apply	to	the	applicant.	Maintenance	will	be	accomplished	by

the	 operator	 pursuant	 to	 the	 flight	 manual	 and	 operating	 handbook	 as	 referenced	 in	 the

Manual	(See	Sections	8.6	and	9). 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	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)	in	motion	picture	and	television	operations.

Approval	 of	 exemptions	 allowing	 commercial	 operations	 of	 sUASs in	 the	 aerial	

photography,	 videography,	 and	 data	 collection	 for	 real	 estate,	 construction,	 and	 marketing	

purposes	will	enhance	 safety	by	 reducing	 risk.	Conventional	aerial	photography,	videography,	

and	 data	 collection	 for	 real	estate,	 construction,	 and	marketing	 purposes,	 using	 jet	 or	 piston	

power	 aircraft,	 operate	 at	 extremely	 low	 altitudes	 just	 feet	 from	 the	 infrastructure being	

inspected 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	work 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	worksite	

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,	 weighing	 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
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 11

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

consent	and	knowledge.	Aerial	photography,	videography,	and	data	collection	 for	 real	estate,	

construction,	and	marketing	purposes	will	be	performed	 for	people who	have	also	consented	

for	work	to	be	performed or	otherwise	have	agreed	to	be	in	the	area	where	UAS	flight will	take	

place.

Conclusion

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	 in	 the	

aerial	 photography,	 videography,	 and	 data	 collection	 for	 real	 estate,	 construction,	 and	

marketing	purposes	pursuant	to	the	Manual	appended	hereto.

Sincerely,

Brandon	Presley

Founder,	CEO

Drone	Finder,	LLC
Drone	Finder,	LLC,	9454	N	Adrian	Place,	Kansas	City,	MO,	64154 i

Appendix	1

1.1 – DJI	Phantom	3	Standard

See	Attached	Flight	Manuals:	

DJI	Phantom	3	Standard	User	Manual	1.4

Appendix	2

Please	see	the	attached:

Drone	Finder,	LLC	sUAS	Flight	Operations Manual

Drone	Finder,	LLC	sUAS	Pre-Flight	Safety	Checklist