Nantucket Aerial, Nantucket, MA- Section 333 Exemption Petition

February 15, 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Electronically submitted via www.regulations.gov

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.109; 119.121; 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, 

George Riethof, dba Nantucket Aerial, seeks exemption pursuant to FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, from the Federal Aviation 

Regulations (“FARs”) listed below so that Nantucket Aerial may operate their small ultra-light 

weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”). This petition is, in most regards, similar to granted exemption 

No. 11138 both in operational approach (closer than 500’) and equipment being utilized (DJI 

Phantom 2+). 

As described herein Nantucket Aerial proposes to perform aerial still photography with the use of 

a common hobby-grade UAS, presently a DJI Phantom 2+, mostly for real estate advertising 

purposes. 

Nantucket Aerial's exemption request would permit operation of ultra-light weight, unmanned 

and relatively inexpensive UAS in tightly controlled and limited airspace. 

Nantucket Aerial's proprietor, George Riethof, is an FAA-certificated commercial pilot, flight 

instructor, who has about 10 years experience as a Part 135 charter captain, in addition to 25 years 

as an aircraft owner. All Nantucket Aerial UAV operations will be conducted or directly supervised 

by Mr. Riethof utilizing the knowledge, skill, and risk management approach associated with the 

above experience. 

For the reasons stated below, Nantucket Aerial respectfully requests the grant of an exemption 

allowing operation of ultra-light weight, remote controlled UAS primarily to supplant the existing 

aerial photography workflow but also to serve the substantial demand for aerial still images found 

to be prevalent in the local real estate market. 

Nantucket, Martha's Vineyard, and Cape Cod are major summer vacation destinations, with 

substantial increases in air traffic in the summer months. The summer vacation season is 

concentrated mostly in the months of June, July, and August, but with 'shoulder seasons' before 
and after these months. It is during these times when traffic counts at the local airports rise to 

their highest levels. It is in the public interest of safety that operators of UAV systems maintain 

maximum vigilance to prevent the potential for accidents or incidents. Nantucket Aerial proposes 

to enhance safety in the local environment by applying sound risk-evaluation and management 

principles to the operation. 

Contact Information: 

George Riethof

31 Miacomet Ave

Nantucket, MA 02554

ph: 508-228-2650

fax: 617-249-1672

email: george@overnantucket.com

web: www.overnantucket.com

The Specific sections of Title 14 of the Code of Federal Regulations from which Nantucket Aerial 

requests exemption: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR

407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). III. 

The extent of relief Nantucket Aerial seeks and the reason they seek such relief: 

Nantucket Aerial submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent commercial cinematic and 

other flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace system 

as it is in the public’s interest to do so. Nantucket Aerial's, ultra-light weight UAS meets the 

definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of 

their ultra-light weight UAS is expressly contemplated by the Reform Act. Nantucket Aerial would 

like to operate its ultra-light weight UAS prior to the time period by which the Reform Act requires 

the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in 

determining the types of UAS's that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the UAS's; whether the 

UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be 

operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items are in favor of an exemption for 

Cobblestone Realty. Their UAS utilizes four (4) counter-rotating propellers for balance, control and

stability. Their UAS is equipped with GPS and auto return safety technology. Weighing less than 

ten (10) pounds (far below the maximum 55 pound limit); including camera. 

Operational considerations: 

Nantucket Aerial proposes to operate the UAS in the Nantucket, Martha's Vineyard, Cape Cod, and

South Coast, Massachusetts areas. These areas are primarily served by the towered airports at 

Nantucket (KACK), Martha's Vineyard (KMVY), Hyannis (KHYA), Cape Cod Coast Guard Air Station 
(KFMH), and New Bedford (KEWB). Other smaller non-towered airports are also prevalent. Most 

of the flight operations will be conducted on clear, VFR days, typically between the hours of 7am 

and 8pm. Nearly all operations will be conducted below 500 feet. The ideal altitudes to conduct 

the operations are typically below 300 feet, however. The duration of a single photo shoot 

typically runs for up to 1⁄2 hour. 

Operational Risk Management: 

Nantucket Aerial proposes to reduce operation risk by the following procedures, among others: 

1. Contacting the local Air Traffic Control (ATC) tower, typically one day prior to the operation, 

identifying the location of the flight operation with respect to local known landmarks, GPS 

coordinates or location in relation to navigational aids such as VORs, NDBs or intersections.

2. Identifying the planned time, nature, and altitudes associated with the operation.

3. Utilizing an AM handheld transceiver (HT) such as the Vertex Standard VXA-700, to monitor ATC

communications with local air traffic, and to establish radio communication with the tower, if 

needed. If in the vicinity of a non-towered airport, to monitor air traffic flying in the vicinity. 

4. Prior to the event, identify the runways in use at the time of the shoot and ascertain typical 

traffic flow patterns.

5. Avoid the busiest air traffic time intervals, which typically fall on Fridays and Monday mornings 

in the summer months, with secondary times of Thursday afternoon and Sunday afternoon.

With respect to the Nantucket and Martha's Vineyard airports, these airports are surrounded by 

substantial open space (Martha's Vineyard's state forest, Nantucket's Middle Moors) and bodies 

of water (the Atlantic Ocean south of Nantucket Airport), so it is unlikely that any operations will 

take place in substantial proximity to these airports so as to require unusual coordination with 

ATC. 

Reasons why approval of Nantucket Aerial's application will serve the public benefit: 

1. Operations will be conducted by an experienced commercial pilot and aircraft owner, who is 

intimately familiar with the local airspace, local flight operational considerations, landmarks, and 

ATC procedures.

2. Use of the industry-standard DJI Phantom 2+, which features tested and proven safety 

characteristics.

3. Application of operational-risk methods similar to those applied to Part 135 commercial 

operations on a flight-by-flight basis.

4. Operation almost entirely in very clear day VFR weather.
5. Operational location of sites typically along the waterfront or away from towered and nontowered airports.

6. Operation almost entirely below 400 feet AGL.

7. Maintenance of communication capability via HT.

8. The UAS to be used (DJI Phantom 2+) has 'first-person-view' (FPV) capability. However, all 

operations of the UAS will be conducted using line-of-sight. FPV is useful in framing and evaluating

position with respect to the desired photographs. However, use of FPV for flight control rarely 

offers sufficient image quality, particularly on a very bright VFR day, to utilize for aircraft control 

beyond line-of-sight. Therefore, all operations will be conducted strictly line-of-sight.

9. It is believed that local real estate offices utilize UAS', or contract with operators of UAS' in 

furtherance of their real estate listing activities. These operators are either hobbyists, or are the 

real estate agents themselves. This application, if approved, will help ensure safety by ensuring 

that the operations are conducted in accordance with FAA regulations by an experienced FAAcertificated commercial pilot. 

Sample operational risk management procedure: 

1. Pre-operation: at least 24 hours prior to operation:

a. Contact ATC tower manager, and identify location of shoot with respect to local known ATC 

landmarks. Identify time frame of shoot, identification of UAS, and communications capability of 

pilot (i.e. radio, cell phone). 

b. Obtain complete weather briefing via approved weather information providers, as one would 

for a commercial Part 135 flight. 

2. Day of operation:

a. Examine site of operation via online mapping, such as the town GIS map applications. Sample: 

http://www.mapgeo.com/NantucketMA/

b. Ascertain runway in use and traffic patterns being used via Flightaware.com, by monitoring ATC

tower frequency, etc. 

c. Upon arrival at site, observe traffic patterns in area, and monitor ATC frequency at all times.

d. Utilize operations checklist for UAS.

e. Conduct safety inspection of UAS. 

f. Test UAS and obtain good GPS signal prior to flight. 
g. Use safety observer if in an area of high population concentration i.e. 'in town'. 

e. While monitoring ATC, in the unlikely event that the operation is perceived to be in conflict with

any air traffic, cease operation. 

Summary: 

Nantucket Aerial requests exemption from 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 

C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b)., for the purpose of

conducting safe operation of a DJI Phantom 2+ UAS in the general area of Nantucket, Martha's 

Vineyard, Cape Cod, and the South Coast, Massachusetts areas. Nantucket Aerial proposes to 

maximize safety through Operational Risk Management procedures comparable to those applied 

to Part 135 commercial operations in which Nantucket Aerial is experienced and familiar. 

This application is similar to other approved or pending applications centered on Real Estate 

photography operations utilizing the DJI Phantom 2 or Phantom 2+. The applicant believes the 

FAA is familiar with the aircraft capability so the flight manual for the aircraft is not included 

herewith, but can be provided on request. The manual is available at: 

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1

.8_en.pdf

Respectfully submitted, 

George Riethof

proprietor, Nantucket Aerial

31 Miacomet Ave

Nantucket, MA 02554