February 11, 2016

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 and Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

John Hunter

118 West Fort King St

Ocala, FL 34471

(352) 538-0392

johnhunter12@gmail.com

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, John Hunter, the Petitioner, request exemption from the 

following Federal Aviation Regulations in order to legally operate an Unmanned Aircraft 

System (UAS) in the National Airspace System.

Regulations from which the exemption is requested:

14CFR 21 H 

14 CFR 45.23 (b) 

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b)(2) 

14 CFR 91.103 (b) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) & (b) 

14 CFR 91.417 (a) & (b) 

14 CFR Title 

14 Chapter 1 Sub D Part 60 thru 67 - 61.1 to 61.429
The Petitioner wishes to be granted the exemption for use of the UAS of commercial 

operations list below.

Applications and Operations:

Land Surveying and Mapping

• Forest Health Monitoring

• Harvesting Monitoring

• Forest Inventory

• Topography

• Environmental Assessment

• Location of Utilities

• Aerial Photography- Real time

Forest Inventory Analysis

• Mapping Forest Stands and Volumes

• Estimating Log and Chip Inventories on Manufacturing Sites 

Equipment Inspections

• Visual Monitoring of Equipment

Aerial Photography 

• Sales & Business-Related 

The Petitioner believes the use of the UAS's is more economical and safer to use for the 

aforementioned purposes. Use of the UAS rather than a manned aircraft is more 

economical to the consumer, and beneficial to the general public due to its small size, 

low noise and minimal potential for accident.

Characteristics of the Aircraft: 

The UAS to be used is the DJI Phantom which has an on-board GPS that allows the 

operator conduct safe and efficient flights to a high level of precision. The onboard 

camera takes and collects high definition still images and video.

The three main characteristics of the DJI Phantom are:

1. Very Light Weight

The DJI Phantom is so light the operator can launch it by hand and let it land on almost 

any surface without requiring a parachute or landing net. Its low impact energy (in the 

case of a controlled emergency landing) also significantly reduces the risk of hazardous 

situations.

2. Electric-powered

The DJI Phantom has four electric powered motors. A brushless engine technology 

makes it silent and reliable.

3. Semi-Automatic Precision Flight

The GPS continuously analyzes internal and external data to provide a very precise 

level of flight accuracy. In case of loss of user control signal in flight, the UAS will 

automatically make a safe and controlled landing at location where it took off from.
Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal 

Aviation Regulations: The Petitioner requests an exemption from the following 

regulations as well as any additional regulations that may technically apply to the 

operation of UAS's.

14 CFR 21 H: Airworthiness Certificates

Certification Procedures for Products and Parts Reason for Exception It has been 

determined that similar UAS's do not require an airworthiness certificate as granted in 

Exemption No. 11623, 11650, 11664 and 11734.

14 CFR 45.23 (b): Marking of the Aircraft 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to 

the cabin, cockpit, or pilot station. 

Reason for Exception 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have not entrance to the cabin, cockpit or pilot station on which 

the work "EXPERIMENTAL" can be placed. Given the size of the UAS, two-inch 

lettering will be impossible. The word "EXPERIMENTAL" will be placed on the fuselage 

in compliance with 45.29 (f). The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember 

of a civil aircraft of the United States, unless that person: (1) has a pilot certificate or 

special purpose authorization issued under this part in that person's physical 

possession or readily accessible. (2) The flight is only incidental to that business or 

employment. (3) The aircraft does not carry passengers or property for compensation or 

hire. 

Reason for Exception 

The Petitioner will follow all manufacturers' training program and safety manual. I also 

believe these requirements are unnecessary for pilot controlled drone flight. 

Additionally, current FAA proposals have omitted this as a future requirement for small 

UAS's.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an 

airworthy condition. 

Reason for Exception 

It has been determined that similar UAS's do not require an airworthiness certificate, 

however the petitioner will ensure airworthiness through the combined use of the 

manufacture's Operations Manual and preflight checks.
14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement is 

to ensure that flight manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation; the documentation would not be available to the crew. 

Reason for Exception 

The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. The 

FSS has issued the following exemptions to this regulation: Exemption #8607, 8737, 

8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction 

This regulation requires each pilot in commend 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. The petitioner will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

14 CFR 91.109: Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." 

Reason for Exception 

UAS's and remotely piloted aircraft, by their design so 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 passenger will 

be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement. 

Reason for Exception

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and 

developing residential areas that may be considered congested areas. That will not 

always be the case when providing a 'Property Survey' flight because they could be 

conducted over empty lots or acreages with no structures. In the case of flying over or 

near existing private property while providing aerial imagery, property inspections, and 

property assessments, landowners will be notified in person by the Petitioner, or by a 

card left behind by the Petitioner if requested. The Petitioner will review with the 

landowners of associated risks to people and property. Due to the small size of the UAS
the associated risk to persons, vessels, vehicles and structures is not comparable to 

manned aircraft and should be taken into consideration.

14 CFR 91.121: Altimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter 

that is set, when operating below 18,000 feet MSL. 

Reason for Exception 

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate 

altitude. The Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted 

in Exemption No. 11623, 11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions 

Fuel requirements for flight in VFR conditions: (a) 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. 

Reason for Exception 

The UAS provides a low battery warning to indicate when you should return the UAS to 

the launch point. In addition, a "low" and "critical" battery level warnings and 

implemented a "return to Home" (or "Go land") action in these situations. The Petitioner 

will not initiate a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and all flights 

will be conducted during daylight hours and at times not to be a nuisance to others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current 

airworthiness certificate.

• 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 19.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

Reason for Exception 

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will 

be housed at a ground control point where the pilot is flying the UAS for immediate 

access to the extent they are applicable to the UAS's. In doing some research the FAA 

has issued numerous exemptions to this regulation.

14 CFR 91.405 (a): Maintenance Inspections 

Each owner or operator of an aircraft- (a) 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. 
Reason for Exception 

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow 

the manufacturer's recommended preflight checklist and make any repair necessary 

before flights occur. The Petitioner will also maintain a log of any maintenance or 

repairs performed.

14 CFR 91.407 {a) {1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No 

person may operate any aircraft that has under gone maintenance, preventative 

maintenance, rebuilding, or alteration unless (1) it has been approved for return to 

service by a person authorized under 43.7 of this chapter. 

Reason for Exception 

The Petitioner who has the responsibility for the operation and safety of the UAS will 

follow the manufactures suggested replacement parts.

14 FR 91.409 (a){l) & (2): Inspections 

Inspections: (a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has had (1) an 

annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an "annual" inspection in the required 

maintenance records. 

Reason for Exception 

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a 

condition for safe flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records 

Except for work performed in accordance with 91.411 and 91.413 each registered 

owner or operator shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the 

periods specified in paragraph (b) of this section: ( 1) (2) (3) Reason for Exception The 

Petitioner will keep a record of all repairs and modifications. The Petitioner also 

proclaims to use approved manufactured parts for all repairs and modifications.

14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67-61.1 to 61.429: Pilot 

Certification This section pertains to flight rules, pilot certificate requirements, manuals, 

etc. 

Reason for Exception 

The Petitioner believes that these requirements are unnecessary for pilot controlled 

drone flights and current FSS proposals have omitted this as a future requirement for 

small UAS's.
In Conclusion: 

I, John Hunter, the Petitioner request for exemption from the above mentioned Federal 

Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in 

the National Airspace System in order to perform the Applications and Operations 

pertaining to my Video and Photgraphy work in a safe and controlled environment. The 

Petitioner hopes for a timely consideration as I have made a considerable investment in 

time and finances on this project.

Sincerely, 

John Hunter

118 West Fort King St

Ocala, FL 34471

(352) 538-0392

johnhunter12@gmail.com