David Moll LLC

P.O. Box 96

Greenwood, NE 68366

U.S. Department of Transportation August 26, 2015

Docket Management System 1200 New Jersey Ave., SE 

Washington, DC 20590

Dear Sirs;

In accordance with the FAA's Guidelines for Submitting a Petition for Exemption under section 333 of the FAA 

Modernization and Reform Act of2012, David Moll LLC, referred to hereafter as the Petitioner, request 

exemptions to the below referenced and more fully described Federal Aviation Regulations, (FAR’s) that 

currently may or may not apply to the recreational/business operations of small unmanned aerial 

vehicles/systems (UAS).

Proposed UAS Aircraft to be used:

DJI Phantom 2 Vision+

DJI Phantom 3

In order to operate small Unmanned Aircraft Systems (UAS) commercially in airspace regulated by the Federal

Aviation Administration (FAA) for the purposes of aerial photography, aerial photography of residential and 

commercial property(s), cinematography, videography, flight instruction, mapping, crop surveying, inspection, 

data collection and other flight operations that could be performed safely and more cost effectively with the use 

of small UAS at low altitude within the United States national airspace system as compared to a manned aircraft. 

Operations will be performed only at the request of and with the commerce and raise awareness of the 

beneficial uses of small unmanned air systems. 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. 

The Federal Aviation Regulations (FARs) I am requesting to exempt are below:

14 CFR Part 21 subpart H (along with any noise certification and testing requirements of part 36)

14 CFR 45.23 (b)

14 CFR 61.23 (a) and (c)

14 CFR 61.101 (e)(4) and (5)

14 CFR 61.113 (a) & (b)

14 CFR 61.315(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109(a) and (b)

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)(1)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) and (2)

14 CFR 91.417 (a) and (b)
David Moll LLC

P.O. Box 96

Greenwood, NE 68366

The petitioner seeks exemption from the above mentioned FAR’s for the following reasons;

14 CFR Part 21, Airworthiness Certificates:

I am requesting this FAR be exempted due to the fact that statutory criteria provided in Section 333 and in 

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

operation, the Secretary of Transportation has determined these two aircraft meet the conditions of Section 

333.

14 CFR 45.23 (b), Markings of the Aircraft:

I am requesting this FAR be exempted because it appears to require all Experimental aircraft to display the 

wording of “Experimental” (or similar wording) near the entrance to the cockpit, cabin or pilot station. Since no 

UAS has a cockpit, this appears to be non-applicable.

14 CFR 61.23 (a) and (c):

I am requesting this FAR be exempted because the underlying assumption of 61.23(a) and (c) is that a Private 

pilot or Sport pilot are not allowed to exercise the privileges of a Commercial pilot without a First or Second class 

Medical and charge for UAS operations. 

14 CFR 61.101 (e)(4) and (5):

I request an exemption to this FAR due to the fact that a recreational pilot, or Sport pilot is allowed to act as 

Pilot In Command of a UAS for hire, and in furtherance of a business.

14 CFR 61.113 (a) & (b): 

I am requesting this FAR be exempted because the exemption requirements under section 333 will require the 

PIC hold at least airline transport, commercial, private, recreational, or sport pilot certificate and have a current 

FAR 61.56 flight review. By regulation, private, recreational and sport pilots are not available to be for hire or to 

further the business. 

14 CFR 61.315 (a):

I request an exemption to this FAR also, for the reason that a Sport or Private Pilot flying a UAS may act as Pilot 

in Command for hire, or for the furtherance of a business.

14 CFR 91.7(a): 

I am requesting this FAR be exempted because there is no airworthiness certificate issued for the aircraft, and 

only flown under the Experimental category.
David Moll LLC

P.O. Box 96

Greenwood, NE 68366

14 CFR 91.9 (b) (2): 

I am requesting this FAR be exempted because the UAS fully loaded weighs no more than 85 lbs. and is operated 

without an onboard pilot. Therefore there is no ability to carry certification or registration documents. An 

equivalent level of documentation will be accomplished by keeping an approval exemption, plus all documents 

needed to conduct its operations be accessible during UAS operations and/or if requested by the Administrator.

14 CFR 91.109(a) and (b): Flight instruction:

I am requesting this FAR be exempted and I be allowed to give flight instruction in the applied for UAS’s for 

several reasons. First of all, I am a CFI, CFII and MEI, so flight instruction is already approved in airplanes. 

Secondly, since UAS’s by their design do not have fully functional dual controls, but the DJI Phantom 2 Vision+

and the DJI Phantom 3 has features such as a hover mode, and a come home mode if reception is lost. A high 

level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft. 

14 CFR 91.119:

I am requesting this FAR be exempted because the typical mission of the UAS would be photography or survey 

of persons, vessels, vehicles or structures and therefore necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where prior permission has been obtained, the 

flight careful pre-planned and a 3 day detailed prior notice of planned activities given to the local FSDO office. 

14 CFR 91.121:

I am requesting this FAR be exempted because UAS will typically fly below 500 feet AGL and not need to

maintain cruising altitudes in order to prevent conflict with other aircraft. An AGL (Above Ground Level)

altimeter measurement above the takeoff point is transmitted via radio from the UAS on-board computer to the 

display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151(a)(1): 

I am requesting this FAR be exempted because it assumes the aircraft has far more than 30 minutes of operating 

fuel. Since the UAS will never fly greater than VLOS, in VFR weather, and a typical flight is less than 30 minutes, a 

full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. I

request an exemption to fly the mission to the point of intended landing and have at least a 5 minute battery 

power reserve after that.

14 CFR 91.203 (a) and (b): 

I am requesting this FAR be exempted because the UAS fully loaded weighs no more than 85 lbs. and is operated

without an onboard pilot. Therefore there is no ability to carry certification or registration documents. An 

equivalent level of documentation will be accomplished by keeping the approval exemption, plus all documents 

needed to conduct its operations be accessible during UAS operations and/or if requested by the Administrator.
David Moll LLC

P.O. Box 96

Greenwood, NE 68366

14 CFR 91.405 (a); 407 (a) (1); 409 (a)(1) and (2); 417(a) and (b): 

I am requesting these sections be exempted because they apply only to aircraft with an airworthiness certificate, 

therefore these sections will not apply to the petitioner. Routine and pre-flight maintenance, plus functional 

flight testing will be accomplished by the petitioner or a qualified technician per any existing or future 

maintenance procedures approved or suggested by the OEM.

Aviation Qualifications of the Petitioner:

David Moll holds an ATP, CFI, CFII, MEI along with type ratings in the Learjet, Hawker, Falcon 10, Citation 500, 

Citation 650 and Citation 750. My BFR and Medical are current. My flight time exceeds 11,000 hours with no 

accidents or violations, combined with being a Chief Pilot for over 11 years, therefore I feel my ability to follow 

all the FAR’s , SOP’s as well as the Flight Manual procedures and limitations pertaining to UAS’s will be 

consistent with the same procedures I’ve used my entire career.

Airport Operations:

The petitioner requests UAS operations are allowed to operate within 5 miles of an airport ARP (Airport 

Reference Point) provided:

"The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not 

operate within 5 nautical miles of the geographic center of a non-towered airport as denoted on a current FAApublished aeronautical chart unless a letter of agreement with that airport's management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request."

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting a 

mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need 

arise. Operations within class B airspace are not requested.

Will the Exemptions Affect Safety?

The exemptions I’ve requested will not affect safety in any aspect. The FAR’s that I’ve included in this request 

were specifically written for airplanes and not the UAS, and are only being asked to exempt due to their 

limitations. With that said the overall operational safety level of UAS versus an airplane or helicopter to do the 

exact same job is unparalleled because of the size, weight and fuel carried in the event of an accident. 

What are the Benefits to the Public?

As technology advances and becomes more popular, this lowers the cost to the average person on the street to 

utilize them. Examples could be: Marketing houses or property via a UAS photo or video is now more 

affordable: Photos of real estate for insurance purposes are faster and easier: Viewing of crops during growing 

season is less destructive and more complete: Search for livestock is faster and cheaper. 
David Moll LLC

P.O. Box 96

Greenwood, NE 68366

CONCLUSION

The petitioner is requesting this exemption for the purposes of aerial photography including but not limited to

residential and commercial property(s), cinematography, videography, flight instruction, mapping, crop 

surveying, inspections and other flight operations. The reason for such numerous requests is that the petitioner

wishes to utilize a broad business marketing strategy.

Respectfully Submitted;

David Moll /s/

David Moll LLC

David Moll, Member

P.O. Box 96

Greenwood, NE 68366

402-613-5422