October 20, 2015

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

APPLICANT: David Nutter

D.R. Horton, Inc.

1500 Pearl Tabby Drive 

Mount Pleasant, SC 29466

843-424-9479

dnutter@drhorton.com

REGULATIONS FOR WHICH EXEMPTION IS BEING SOUGHT: 

14 C.F.R. Part 21; 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b) (2); 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.105; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a) (1); 1 

4 C.F.R. 91.409(a) (2); 

14 C.F.R. 91.417(a) 

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, David Nutter, an operator of the DJI Phantom 3 (“DP-3”) Unmanned Aircraft 

System (“UAS”) seeks exemption from the Federal Aviation Regulations (“FARs”) as described below. 

The exemption request will permit David Nutter to operate UASs commercially for the purpose of

filming and photographing the following:

 Real Estate Property

 Filmmaking, cinematography, and videography

 Company Events

 Aerial surveying

 Construction site inspection and monitoring

David Nutter will provide a service that is beneficial to an industry that is already using, and seeking 

to use, UASs for these purposes with a legal and safe option while providing relevant experience 

and information to the FAA and the UAS community. 
This will benefit the public with the controlled operation of UASs by David Nutter and increased 

integration into the National Airspace System (“NAS”). All operations by David Nutter will strictly 

adhere to safety, applicable FARs, Operator’s Handbook, applicable Airworthiness Directives, and all 

other guidelines from the FAA. David Nutter will, at all times, conduct operations in a manner as to 

maintain the same level of safety as current manned aircraft operations. David Nutter will operate 

exclusively in controlled conditions, within visual line of sight (“VLOS”), at low altitudes of 400 feet 

above ground level (“AGL”), or no higher than 200 feet above the highest obstacle (“AHO”) with 

prior Flight Safety District Office (“FSDO”) approval. Any UAS in operation by David Nutter will not 

exceed 55 lbs. weight. At all times David Nutter will, maintain safe operations, ensure current 

requirements are met, and consistently assure an open line of communication with the FAA. David 

Nutter will maintain the highest of standards in all UASs operations. 

David Nutter is aware of the progressive attitude that the FAA is extending toward adoption of UAS 

technology and the future airspace integration. It is in light of this attitude and in the spirit of the 

proposed rules for circulation that applicant specifically requests a waiver of the requirement to 

hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The 

capabilities and experience of the operator are detailed further in Appendix A, and the failsafe 

capabilities that are a core of the design of the proposed UAS exceed those found in traditional 

airframes. Given the greatly reduced potential for injury and/or damage of UAS operation in 

accordance with the enclosed exemption requests, applicant wishes to forgo the requirement to 

assign operation of the aircraft to an operator who may hold an airman certificate, but lack the 

necessary experience in operating a multirotor UAS. Applicant will understand that approval of this 

exemption request is in accordance with the highlighted specificities noted in this paragraph. 

Privacy rights of private citizens, companies, and government agents and facilities will be respected. 

Conditions of Section 333 will be strictly observed. Filming of people will be of people who have 

consented to being filmed or otherwise have agreed to be in the area where filming will take place. 

The grant of this exemption request will provide improved safety in both day and night operations. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012- -size, weight, speed, 

operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS

David Nutter will operate a DHI Phantom 3

Link to user manual: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_091

5.pdf

Kind regards, 

David Nutter

IT Manager
D.R. Horton, Inc.

Summary: 

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and the 

type of operations performed by the UASs operated by David Nutter respectfully request that 

where a regulation differentiates according to class that it be permitted to operate under those 

regulations pertaining to helicopters. David Nutter requests an exemption from the following 

regulations as well as any additional regulations that may technically apply to the operation of its 

UASs: 

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

Section 91.203(a) (1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the 

aircraft and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed 

current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the UAS involved. 

In this case, an analysis of these criteria demonstrates that the David Nutter UASs operated

without an airworthiness certificate, under the conditions proposed herein, will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness 

certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will 

not carry flammable fuel, and will operate exclusively within an area predisclosed and in 

compliance with conditions set forth herein. Operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to the conditions set forth above, and 

by local public safety requirements. The FAA will have advance notice of all operations through 

the filings with the FSDO. Receipt of the prior permission of the land owner, or controlling 

authority, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is 

carried to the location and not flown there all establish the equivalent level of safety. The UASs 

construction with absorbent material provides at least an equivalent level of safety to that of 

such operations being conducted with conventional aircraft that would be orders-ofmagnitude 

larger and would be carrying passengers, cargo, and flammable fuel. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the UASs without 

an airworthiness certificate, no standard will exist for airworthiness of the UASs. Given the size 
of the aircraft and the requirements that have presumably already been met in the approved 

standard operating procedures (for instance, the Maintenance & Inspection Manual and Safety 

Checklist), an equivalent level of safety will be achieved by ensuring compliance with the 

operating manuals prior to each flight. 

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

The regulation provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

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. The equivalent 

level of safety will be achieved by keeping the flight manual at the ground control point where 

the pilot flying the UAS will have immediate access to it. The FAA has issued to others the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.109(2) 

This regulation provides that flight crewmembers must keep a safety belt fastened while at a 

crewmember station. David Nutter’s UASs are by definition not manned and therefore maintain 

an equivalent level of safety without the use of safety belt since no danger is posed due to no 

persons being aboard the aircraft. 

14 C.F.R. § 91.121(a) 

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to 

applicable barometric pressure. According to the Flight Manuals and information included with 

this exemption request the UASs operated by David Nutter uses GPS positioning, and the DP2 

uses, in addition, a specialized sensor that limits the aircraft altitude to a predetermined height 

set by the PIC during preflight inspections. This, in addition to all flights being conducted by 

VLOS, assures altitude restrictions will be maintained by the PIC. Given the nature of the flight 

being limited to an upper altitude limit, the limited area of operations, the See and Avoid 

procedures set forth by David Nutter, and in light of the UASs not being operated at VFR or IFR 

cruising altitudes an equivalent level of safety will be achieved. 

14 C.F.R. § 91.109(a) & 91.319(a) (1): Flight Instruction 

These regulations provide 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. UASs are a remotely piloted aircraft and by 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. If instruction is accomplished through a training 

program, as set forth in an equivalent level of safety will be assured. 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 will be achieved by David Nutter. 
14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight 

characteristics of David Nutter UASs (vertical takeoff and landing, and ability to hover) as well as 

the nature of the type of flights conducted by UASs and the similarity to helicopters David 

Nutter requests to operate in accordance with section 91.119(d). The equivalent level of safety 

will be achieved given the size, weight, speed, and material with which the UASs are built. 

Furthermore; No flight will be taken without the permission of the land owner or those who 

control the land. Because of the advance notice to the landowner, all affected individuals will be 

notified of the flights. Compared to aerial photography or videography operations conducted 

with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119, give right of way to all manned aircraft. 

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

This regulation prohibits an individual from beginning “a flight in a rotorcraft 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; Or (2) at night, to fly after that for at least 20 minutes.” 

Given the limitations on its proposed operations and the location of those proposed operations, 

a longer time frame for flight in daylight VFR conditions is reasonable. David Nutter believes that 

an exemption from 14 CFR § 91.151(b) is safe and within the scope of a prior exemption. See 

Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 

91.151(a)). Operating the small UAS, without 20 minutes of reserve fuel does not engender the 

type of risks that Section 91.151(b) was meant to prevent given the size and speed at which the 

UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. 

Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In the 

unlikely event that the UAS should run out of fuel, it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current regulation. 

David Nutter believes that an equivalent level of safety can be achieved by maintaining a reserve 

battery capacity in excess of the amount required for the UAS to return to a safe location, or the 

location in which it was launched (whichever is longer) at all times during operation. Operation 

will be terminated and the UAS landed prior to reaching this threshold. 

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

This regulation provides as follows: 

(a) . . . No person may operate a civil aircraft unless it has . . . an 

appropriate and current airworthiness certificate. 

(b) 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 §91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew. 
David Nutter UASs have no cockpit or cabin to place or carry certification. As such, the 

exemption and any other certifying document from the FAA will be maintained with the ground 

station, and placed in a manner as to be clearly visible to any government official or person 

authorized in the controlled operations environment. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. § 91.405(a) ; 407(a) (1) ; 409(a) (2) ; 417(a): Maintenance Inspections 

Section 91.405(a) requires 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. . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a) (2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service. Maintenance on David Nutter

aircraft will be accomplished by the owner/operator pursuant to the manuals, provided by 

David Nutter, and the manufacturer. An equivalent level of safety will be achieved because the 

UAS is small in size, will operate only in restricted predetermined areas and is not a complex 

mechanical device. As provided in the attached Maintenance Manual and the Safety Checklist, 

which were reviewed as part of the application, the operator of the UAS will ensure that it is in 

working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance that is performed. Moreover, David Nutter PIC is familiar with the aircraft, has 

extensive experience with UAS maintenance, and has hundreds of hours of UAS airframe and 

power plant maintenance, and is best suited to maintain the aircraft in an airworthy condition 

and to ensure an equivalent level of safety. 

The Maintenance Manual provides for a 30 day/100 hour and Annual inspection of the airframe 

and components similar in scope to inspections on manned aircraft. This will ensure an 

equivalent level of safety to the maintenance requirements in Part 91. 

In addition, between such inspections, should a mechanical issue arise, the aircraft will either 

return to its launch site or immediately land automatically.