May 21, 2015

Exemption No. 11636

Regulatory Docket No. FAA–2015–0594

Mr. Tim Trott

dba Southern Helicam 

3628 Seminole Lane 

Marianna, FL 32448

Dear Mr. Trott:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted March 11, 2015, you petitioned the Federal Aviation Administration (FAA) 

for an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial photography and videography for real estate.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. However, the FAA 

received one comment in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 and DJI Phantom 2 Vision.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
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provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, 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 that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Tim Trott dba Southern Helicam is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, Mr. Tim Trott dba Southern Helicam is hereafter referred to as 

the operator.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 and 

DJI Phantom 2 Vision when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 
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operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
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qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.
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Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
United States Department of Transportation

Docket Operations

1200 New Jersey Ave.SE

West Building Ground Floor Room W12-140

Washington DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act")

and the procedures contained in 14 C.F .R. 11, to request that Tim Trott, owner and and 

operator of small UAS, be exempted from the Federal Aviation Regulations (FAR's) listed below.

The exemption is necessary to operate a small unmanned aircraft system (UAS) commercially 

in airspace regulated by the Federal Aviation Administration (FAA). These operations will be 

conducted within and under the conditions outlined herein or as may be established by the FAA 

as required by Section 333.§11.81.

It is requested that the following aspects of Section 333 of the FAA Modernization and Reform 

Act of 2012 be considered:

Petition for Exemption under Section #333 of the 

FAA Modernizations and Reform Act of 2012 and 14 CFR Part 11

(1) Name and Address

Tim Trott (dba Southern Helicam)

3628 Seminole Lane

Marianna, Florida 32448

info@SouthernHelicam.com

(2) Specific Exemption Sections:

45.22(d) Alternate Marking

61.113(a) and (b) 

61.119

91.7(a)

91.103

91.119(c)

91.121
91.151(a)(1) day

91.405(a)

91.407(a)(1)

91.409(a)(1) and (2)

91.417(a) and (b)

(3) Extent of Relief and reason for seeking relief:

14 CFR, § 45.22(d) allows the UAS owner or operator to propose an alternative marking 

procedure to the FAA. Alternate marking approvals may be issued to public aircraft by 

FAA UAS Integration Office (AFS-80). If alternative markings were required , a copy of 

the Alternative Marking approval letter should be attached to application in the “Aircraft 

Registration” field. 

The petitioner requests permission for 1 inch markings applied on the top surface of the 

body of the aircraft. 

CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations: 

Pilot in Command:

Petitioner requests to be permitted for commercial operation of a small UAS PIC 

operating the UAS will have accumulated and logged, in a manner consistent with 14 

CFR 61.51(b), at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

CFR §61.3(a)(1): Requirement for certificates, ratings, and authorizations 

Applicant has completed ground school for PAR/AKT and other qualification tests.

63.13 -Certificates ratings and authorizations

CFR 91.7(a) Civil Aircraft Airworthiness:

In the absence of an airworthiness certification process for sUAS, the equivalent level of 

safety will be achieved through the employment of flight manual and maintenance 

manual procedures, pilot training and analytical risk management for each activity.

CFR 91.119 (d) (1) Minimum safe altitudes; general

CFR 91.119 states:

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface-

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA.

The current altitude and/or horizontal restrictions on rotorcraft assumes a much heavier 

manned aircraft loaded with fuel and possible external stores. The light-weight sUAS 

being proposed for use in this activity along with its guidance and redundant systems 

should taken into consideration. 
The activities being proposed by this petitioner are in a very controlled and open area. 

The flights would be confined to overflight of the client real estate at the request of and 

with permission from the land owner, and maintain a distance of more than 50 feet away 

from any buildings, persons, active highways or railroads, and below the 400 ft AGL 

limitation.

CFR 91.121 Altimeter settings

CFR 91.121 states: 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, to-The current reported altimeter setting of a 

station along the route and within 100 nautical miles of the aircraft.

The sUAS aircraft intended for this activity uses an onboard GPS which transmits 

altitude and location information to the PIC on the ground in real time. A phone APP, 

SkyRadar, uses separate GPS data to confirm altitude and location data for the launch 

location. It is stipulated that the UAS will be operated below 400 ft AGL at all times and 

during daylight hours only.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to he first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least 30 minutes . . . .”

The UAV is 100% electric and two low battery alerts are issued - per the operating 

documents, the UAV will be landed at the first alert. Flights are expected to be 5-10 

minutes each, and the UAS has an automated function which results in immediate safe 

landing which is initiated when a low battery is detected. The PIC will not begin a flight 

unless there is more than 75% battery power remaining. 

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b)

The petitioner states that an exemption from 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections may be required and should be granted 

since they only apply to aircraft with an airworthiness certificate. However, the petitioner 

states as a safety precaution preflight inspections will be performed on the UAS before 

each flight as outlined in the operating documents (check lists) provided.

(4) How this exemption would affect the public as a whole:

Low altitude aerial photography and video can provide a more detailed visual perspective of a 

real estate property, especially larger tracts. Standard aircraft cannot safely operate below 500 

feet and Google Earth satellite images may not show recent changes such as timber clear cuts, 

excavation for development or effects of erosion. The proposed service will provide the public 

with an economical alternative to the noise and safety issues related to low flying aircraft or 
helicopters while providing a better perspective of the subject property than can be obtained 

from ground level. A supporting document has been included in this filing.

(5) Reasons why would not adversely affect safety or how would provide a level of safety 

equal to existing rule:

• Applicant has maintained a flight and maintenance log for all aircraft from start of 

ownership.

• Applicant maintains current firmware and software updates for all aircraft.

• Applicant has accrued over 10 hours of logged UAS rotorcraft flight evidenced by 

flight and maintenance log

• Applicant has obtained "N" numbers and registration for each of the aircraft to be 

operated under the exemption is being requested

• DJI Aircraft firmware for the models being used includes systems for:

 Blocking take-off in restricted areas around airports

 Automatic Return-To-Launch-Site and land upon loss of control signal

(see document provided)

 Automatic remote monitoring and warning of low battery condition (30%)

Launch Operations Flight Kit contains:

• Operation safety procedures (document provided)

• Aircraft registration documents

• First Aid Kit

• Sectional Charts for proposed areas of operation (paper and electronic)

• Anemometer to measure local wind and temperature 

• ICom IC-A21 Aircraft Navicom radio/VOR to monitor and scan aircraft 

frequencies where necessary or required by ATC.

• Safety cones bearing a warning sticker to mark restricted area around launch 

operating location when operating in public areas.

• An "observer/spotter" for all but remote practice flight operations. 

Observer/spotter will be required to read and acknowledge (sign) a safety 

procedures manual and to enhance situational awareness for the PIC (operator)

• Mobile applications to monitor TFRs, NOTAMS, Aircraft Weather data 

(AviationWX, AeroPlus), GPS position application and other programs to identify

proximity to restricted areas (RCFlyMaps and HOVER), ADS-B/in signals 

(FlightRadar24), VOR distance and heading data, (SkyRadar). 

• Safety Operations and Procedures Manual outlining specific procedures and 

restrictions, which specifies no flights within 50 feet of or over active highways or 

railroads, no spectators or communication with spectators within 50 feet (marked 

with warning cones) of flight operation area preceding or during flight operations. 

• Operation Manuals for aircraft being used.

• Repair parts and tools.
(6) Summary to be published for public comment, including a brief description of the 

exemption being requested.

Pursuant to Section 333 of the FAA Modernizations and Reform Act of 2012 and 14 CFR 

Part 11, Tim Trott, operator of Southern Helicam (sUASs) equipped to conduct aerial 

photography, hereby applies for an exemption from the listed Code of Federal 

Regulations (CFRs) to allow commercial operation of sUASs, to include safety and 

training services, under the conditions outlined here or modified by the Federal Aviation 

Administration (FAA).

In the detailed explanation to follow, the exemptions being requested would allow 

commercial operation of two DJI Phantom series aircraft as outlined.

(7) Additional information, arguments to support request:

• Applicant has obtained N numbers and aircraft registration

• Applicant has accrued in excess of 10 hours practical experience and practice 

with each of the aircraft

• Applicant has completed ground school for PAR as preparation for the Operator 

Qualification Test indicated in the NPRM.

• Applicant has completed additional training:

 Unmanned Experts Initial Qualification Training Course (IQT1)

 AOPA Unmanned Aircraft Min-Course

• Applicant will only operate in reasonably safe environments that are strictly 

controlled, are away from power lines, elevated lights, airports and actively 

populated areas; and 

• Applicant will conduct preflight inspections and protocols, during which safety 

carries primary importance. 

(8) Operations outside US 

(none)
The petitioner applicant requests relief from the following regulations: 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, 

productions approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or 

“provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that— 

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for 

determining whether that aircraft is in condition for safe flight and that the PIC shall discontinue 

the flight when unairworthy mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in 

the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. 

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway 

lengths at airports of intended use, and takeoff and landing distance information. 

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction unless that aircraft has 

fully functioning dual controls. 

 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. 
(b) Over congested areas. Over any congested area of a city, town, or settlement, or 

over any open air assembly of persons, an altitude of 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

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

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph 

(b) or (c) of this section, provided each person operating the helicopter complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less 

than the minimums prescribed in paragraph (c) of this section. 

 

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” 

Section 91.151(a) prescribes that 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 [emphasis added]. 

 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it 

has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second 

copy of the Aircraft registration Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless the airworthiness certificate or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies 

repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—
(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under 
§ 43.11 of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service. 

The petitioner supports this request with the following information: 

The petitioner has provided the following information, contained in his petition and supporting 

documentation including (attached):

• N number registration 

• Aircraft registration 

• Gold Seal Ground School document

• AOPA UAS safety course document

• Unmanned Experts IQT1 (UAV) course document

• Safety Operation Procedures manual

• Checklists – Preflight, logging, postflight

• Flight and maintenance log (with notarized statement)

• Observer/Spotter Checklist manual

• Supporting document from Realtor®

Flight and Maintenance log (10+ hours flight time)

• Insurance Quotation

• DJI Operating Manual P2V (N741TT)

• DJI Operating Manual P2 Zenmuse H3-3D (N742TT)

(All hereinafter referred to as operating documents). 

Exemption Request:

The petitioner requests that given the size, weight, speed, and limited operating area associated 

with the aircraft to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness 

Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and 

limitations, is warranted and meets the requirements for an equivalent level of safety under 14 

CFR part 11 and Section 333 of P.L. 112-95 (Section 333). 

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, he 

states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, petitioner states that he will mark his 

UAS in the largest possible lettering by placing assigned N number on its fuselage as required 

by § 45.29(f) so that he or anyone assisting as a spotter will see the markings. The lettering will 

be 1 inch in height.

The petitioner states that exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections may be required and should be granted since they 

only apply to aircraft with an airworthiness certificate. However, the petitioner states as a safety 

precaution he will perform a preflight inspection of his UAS before each flight as outlined in his 

operating documents. The petitioner has maintained a maintenance log for all aircraft since 

acquiring them. As propellers do not have serial numbers they are replaced as necessary for 
signs of wear or damage. 

UAS Pilot in Command (PIC) 

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to noncommercial operations, however the petitioner can achieve an equivalent level of safety as 

achieved by current regulations because the UAS does not carry any pilots or passengers. 

Petitioner further indicates that the risks of operating a UAS are far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus requests an 

exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command so as to be 

allowed to provide commercial services with a small (micro) UAV including flight and safety 

instruction.

Respectfully submitted

Tim H. Trott

Southern Helicam (Tim Trott Audio, Inc.)