March 3, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

James F. Taylor Petition for Exemption to Operate Small Unmanned Aircraft

Systems

FAA Regulatory Docket

NAME AND ADDRESS OF PETIONER

Name: James F. Taylor

Address: 148 Stewart Hills Drive, Rogersville, TN 37857

Telephone: 423-754-9399

Email: jtaylor4190@gmail.com

Dear Sir or Madam:

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

"Reform Act"), James F. Taylor, (the "applicant"), operator of an Unmanned Aircraft 

Systems ("UAS") seeks an exemption from the Federal Aviation Regulations ("FARs") to 

allow for commercial operation for aerial imaging and video for the purpose of marketing 

materials and media.

BACKGROUND

Petitioner is a photo/ video producer that will produce still photography and commercial 

films for a variety of commercial and nonprofit clients. Petitioner seeks the requested 

exemptions and a Certificate of Authorization to permit Petitioner to offer on-demand 

commercial UAS operations for a host of industries and applications including:

• Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, 

video production, public events, landscape cinematography and network news imaging.

• Aerial video and/or photography for public and/or private use including closed-set 

motion picture and TV filming.

• Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

• Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities 

or government has requested it by contract or donation. 6.

• Training to persons individually or belonging to both private and/or public organizations

to increase awareness and improve safety for current and future UAS operations within

the National Airspace System (NAS). Real
• Wildlife and forestry monitoring

• Educational and research operations

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

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) (2)

14 CFR 91.417 (a) & (b)

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. 

including payload. Under normal conditions they operate at speeds of no more than 45 

Mph or 39 Knots and have the ability to hover and move along a vertical and horizontal 

plane simultaneously. They will operate in line of sight only and by the exempted person 

only obeying all other local and federal laws. Given the small size of the UAS and the 

controlled environment provided the proposed operations will adhere to the Reform 

Act’s safety requirements. The approval of this application presents no national security

issues. Regarding the level of safety surrounding the proposed operations and the 

public benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with 

minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed 

for an equivalent or higher level of safety because operations will further enhance the 

safety of the persons and/or property using conventional aircraft. These limitations and 

conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual 

(FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs

first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level

(AGL) and not more than 200 feet above an elevated platform from which filming is

planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command
(PIC), the Visual Observer (VO) when needed and may include but not limited to a

Camera Operator.

6. The small UAS pilot will be James F. Taylor ONLY not allowing any other person to

operate the small UAS in a commercial capacity.

7. A briefing will be performed regarding the planned small UAS operations prior to each

day’s flight consisting of all the days’ production activities.

8. The PIC will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the

flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination, as required under the FOM. With the advanced permission 

or direction of the FSDO, operations at closer range may be approved.

9. The PIC and VO will have been trained in operation of small UAS and receive uptodate information for the particular small UAS to be operated and will be able to show

upon request their competent ability to operate the small UAS and/or Camera.

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state,

county or city jurisdictions, including law enforcement, fire or other appropriate

governmental agencies when needed.

12. If the small UAS loses communications or loses GPS signal, the small UAS will 

have the capability to return to a pre-determined location within a designated location 

and land autonomously.

13. The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

The small UAS to be operated 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 and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

under the requirements and in compliance with local public safety requirements. These 

safety enhancements 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 small 

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

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

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

which the word “Experimental” can be placed. Given the size of the small UAS, 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 

small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer 

and others working with the small UAS will see the identification of the
small UAS as “Experimental.”

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Our small UAS do not carry any pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not 

ensure remote control piloting skills. The risks attendant to the operation of small UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I 

feel the operation and limitations set forth in the FOM will equate to the safe operation 

of the small UAS.

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 for maintenance and use of safety checklists 

prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

The small UAS, 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 small UAS will have immediate access to it.

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. The OPERATOR 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.

Small UAS 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. 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.

As this exemption is for a small UAS 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 filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the small UAS will never operate at higher than 400 AGL 

with the exception that in circumstances where the small UAS is used to survey or 
photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be 

operated more than 100' above the highest point on the structure. It will however be

operated in a restricted area with security perimeter, where buildings and people will not 

be exposed to operations without notice. The equivalent level of safety will be achieved 

given the size, weight, speed of the small 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 where applicable. 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. Compared to flight operations with aircraft or rotorcraft 

weighting 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 addition, the low-altitude 

operations of the small UAS 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.

As the small UAS 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 safety check list and live flight data monitoring, 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

Given the limitations on the small 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 twilight VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who will have proper notice, 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. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of 

battery power— whichever happens first. This restriction would be more than adequate 

to return the small UAS to its planned landing zone from anywhere in its limited 

operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The small 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 small UAS. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the pilot flying 

the small UAS will have immediate access to them; to the extent they are applicable to 

the small UAS. 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 section 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. 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 small UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the small 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. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the small UAS 

Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As 

provided in the FOM, the operator will ensure that the small UAS is in working order 

prior to initiating flight and perform required maintenance needed.

Additionally:

1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control 

or the airport manager has been made.

2) I land my UAS prior to manufacturer recommended minimum level of battery power

3) I pilot my UAS through remote control by line of sight

4) My UAS uses GPS and a flight safety feature whereby it returns to a pre programmed 

position and then slowly lands if communication with the remote control pilot is lost

5) I actively analyze flight data and other sources of information to constantly update 

and enhance safety protocols

6) I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance

7) I always obtain all necessary permissions prior to operation; and,

8) I have procedures in place to abort flights in the event of safety breaches or potential 

danger.

Small UAS to be used is as follows:

(1) DJI Phantom 3 Advanced

Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm

Max Ascent Speed 5 m/s

Max Descent Speed 3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

• Horizontal: +/- 1.5 m • Max Speed 16 m/s (ATTI mode, no wind)

Thank you for your time in reviewing and considering my section 333 exemption.

Sincerely,

James F. Taylor