15 January 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

RE: Petition for Exemption Under 14 CFR § 11.81 to Allow Commercial Use of Unmanned 

Aircraft Systems

Petitioner:

AirBorn Imaging

Tom Replogle, Owner

8000 Research Forest Dr., Suite 115-172

The Woodlands, TX 77382

Tel: 832-303-3686

Email: info@airbornimaging.com

Website: www.airbornimaging.com

Dear Sir or Madam, 

AirBorn Imaging has been providing high quality aerial photography and videography for over 12 

years using conventional airplanes and helicopters as our aerial platforms. We are excited at 

the prospect of using unmanned aircraft to assist in capturing imagery for our clients. We are 

seeking an exemption to operate small Unmanned Aircraft Systems (sUAS) for commercial 

purposes. 

A. We seek exemption from the following sections:

1. FAA Modernization and Reform Act of 2012, PL 112-95 FEB. 14, 2012, 

Section 333

2. 14 CFR Part 21, subpart H

3. 14 CFR Part 61.113(a) and (b)

4. 14 CFR Part 91:

a. 91.103 (b)(2)

b. 91.105

c. 91.109

d. 91.119

e. 91.121

f. 91.151

g. 91.405

h. 91.407

i. 91.409

j. 91.417

B. Relief sought:

1. AirBorn Imaging wishes to operate sUAS for commercial purposes to include 

(but not limited to) aerial photography, videography, photogrammetry, 

inspections, and analysis. 
2. This exemption will cover use of sUAS airframes which will weigh less than 

55 pounds including payload and energy sources. Our current models 

include:

a. DJI Phantom 3

b. DJI Phantom 2+

3. AirBorn Imaging has been supplying the Houston realtors, construction 

companies and businesses with high quality aerial photographs for over 12 

years. The addition of sUAS camera platforms will allow us to provide the 

same high quality services at a much more affordable price. In turn, the 

reduction of capture costs will reduce the overall cost of both private and 

public projects and will ultimately save the public money. In addition, when 

performing a risk analysis between operation of a sUAS versus conventional 

aerial platforms, such as airplanes and helicopters, the risk to the general 

public is much lower operating a sUAS. 

C. Aircraft & Equivalent Level of Safety:

1. Each sUAS will be registered and marked in accordance with Section 44711 

and Part 47 and Part 45, Subpart C.

2. AirBorn Imaging will comply with maintenance and inspection requirements of 

the manufacturer of the sUAS. All repair and maintenance work, when 

required, will be conducted by approved and qualified personnel. A flight test 

will be conducted in a safe manner after any maintenance or repair is 

performed. Records of maintenance and repair will be kept in maintenance 

log for each sUAS. 

3. The PIC will be a certificated pilot holding at least a sport pilot certificate, 

have a current medical or driver’s license, and meet the flight review 

requirements of 14 CFR § 61.56.

4. A thorough preflight inspection will be performed before each mission.

5. Operations of the sUAS will be in line of sight of the PIC and/or observer and 

will operate in a manner to not create a hazard to users of the national 

airspace system or the public.

6. The PIC and observer will remain in verbal communication the entire time the 

sUAS is airborne. 

7. The sUAS will weigh less than 55 lbs. and be operated at speeds less than 

50 mph. 

8. Flights will be operated at an altitude of no more than 400 ft. AGL.

9. Preflight briefings and post flight briefings will be performed for each aerial 

mission. 

10. Flights will be performed in Day VMC conditions only and will abide by VFR 

cloud clearance requirements.

11. Written and/or verbal permission and permits will be obtained as necessary 

by local governmental agencies. 
12. Flights will not occur closer than 5nm of a towered or uncontrolled airport 

unless coordination and approval with the tower/airport manager has been 

received.

Thank you for your consideration for our exemption request. Please feel free to contact me if 

you have any additional questions.

Sincerely,

Tom Replogle

AirBorn Imaging

Owner