.	

Eric	K	Carpenter

Flights	By	Design

5319	Rimwood	Dr.	

San	Jose,	CA,	95118

eric@flightsbydesign.com,	302-670-1131

Dear	Sir	or	Madam:

This	petition	is	being	submitted	on	my	behalf	without	legal	counsel	or	consulting	services.	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform	Act),	and	14	

C.F.R.	Part	11,	Eric	K.	Carpenter,	a	freelance	multimedia	producer,	hereby	applies	for	an	exemption	

from	the	Federal	Aviation	Regulations	(FARs)	listed	below	to	allow	operation	of	our	Small	Unmanned	

Aircraft	System	(sUAS)	commercially	in	airspace	regulated	by	the	Federal	Aviation	Administration	

(FAA)	so	long	as	such	operations	are	conducted	with	and	under	the	conditions	outlined	herein	or	as	

may	be	established	by	the	FAA	as	required	by	Section	333.	

The	requested	exemption would	permit	Eric	K.	Carpenter to	pursue	his	commercial	interests	in	

providing	services	to	clients	using	a	small	advanced	sUAVs in	the	following	areas:	Real	Estate,	

Marketing,	Land	Management/Surveying,	and Special	Events.	Eric	K.	Carpenter states	that	all	sUAS	

flights	will	occur	over	private	or	controlled	access	property	and	will	do	so	with	the	property	owner's	

consent	and	knowledge	and	that	only	people	who	have	consented	or	otherwise	have	agreed	to	be	

within	the	UAS’	radius	during	filming	and	photography	applications.	

Eric	K.	Carpenter has	demonstrated	the	ability	to	safely	and	effectively	fly	the	sUAS	DJI	Phantom	3

and	DJI	Inspire	1 which	will	be	used	for	all	commercial	and	private	purposes.	Eric	K.	Carpenter

complies	with	local	ordinances	and	laws	regarding	the	operation	of	sUASs,	and	adheres	to	all	

weather	and	environmental	restrictions	or	limitations	in	reference	to	the	operations	of	sUASs.

All	flights	will	occur	in	ordinance	with	any	state	or	local	laws	regarding	privacy.	

I,	Eric	K.	Carpenter,	am	seeking	the	exemption	because	I	am	committed	to	complying	with	all	of	the	

rules,	guidelines,	limitations,	and	future	legislation	set	forth	by	the	FAA.	I	agree	to	operate	the	sUASs

in	the	manner	that	I	have	described,	and	for	the	purposes	that	I	have	described.	Without	the	

exemption	request	granted,	I	would	be	unable	to	safely	and	effectively	run	my	business,	and	it	is	my	

intention	to	comply	with	the	FAA	and	obtain	an	exemption	of	the	following	regulations.	

The	following	contains	my	list	of	regulations	from	which	I	am	seeking	exemption,	and	a	complete	list	

of	responsibilities	I	assume	as	operator;	it	also	contains	information	regarding	the	aircraft,	public	

benefit	and	safety	features,	and	similar	petitions	requests	granted.	

Regulations	from	which	exemption	is	requested:	

14	C.F.R.	Part	21

14	C.F.R.	45.23(b)

14	C.F.R.	61.113(a)	&	(b)	

14	C.F.R.	91.7(a)

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

14	C.F.R.	91.109

14	C.F.R.	91.119	

14	C.F.R.	91.121

14	C.F.R.	91.151(a)

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

14	C.F.R.	91.205(b)
14	C.F.R.	91.215

14	C.F.R.	91.401	- 91.417	

I,	THE	OPERATOR,	ASSUME	THE	FOLLOWING	RESPONSIBILITIES	

1.	Operations	authorized	by	this	grant	of	exemption	are	limited	to	the	DJI	Phantom	3	and	DJI	Inspire	

1	both 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	

4	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	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.	514.	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	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	five	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.	622.	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.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.	

SIMILAR	EXEMPTIONS	

They	are	similar	in	all/or	many	material	respects	to	relief	previously	requested	in	Grant	of	

Exemption	Nos.	11062,	11109,	11112,	and	11213	

Public	Benefit	and	Safety

Unmanned	Aircraft	System	sUAVs	are	often	seen	as	superior	to	helicopters	as	an	aerial	video	

gathering	platform	due	to	the	smaller	devices	cheaper	equipment	and	personnel	cost,	reduced	noise	

and	as	such,	a	much	smaller	environmental	impact	which	promotes	public	safety.	Eric	K	Carpenter

is	petitioning	for	an	exemption	to	operate	a	DJI	Phantom	3 and	DJI	Inspire	1,	both equiped with	a	

built-in	stabilized	HD	camera	and	GPS	safety	features	which	limit	its	ability	to	limit	the	height	it	flies	

above	ground	level (AGL),	to	limit	the	radius	of	the	distance	it	flies	from	the	operator	and	to	exclude	

it	from	operations	within	designated	Class	B,	C	and	D	airspace	including	a	no-fly	zone	feature.	

The	DJI	sUAVs	also	have a	failsafe	function	that	is	triggered	in	the	event	communication	is	lost	

between	the	sUASs and	the	main	controller	transmitter.	At	that	time,	the	sUAS	will	return	to	its	point	

of	takeoff	and	land	safety.	If	the	connection	is	restored,	the	PIC	can	regain	control	of	flight	and	land	

manually.	

These	specifications	meet	with	the	Model	Aircraft	Operating	Standards	as	set	below:	

The	petitioner	will	only	operate	its	sUAS	in	line-of-sight	of	a	pilot	and/or	observer	and	will	operate	

at	sites	that	are	`sufficient	distance'	from	populated	areas	within	the	sterile area	described	in	the	

FOPM.	Such	operations	will	ensure	that	the	sUAS	will	"not	create	a	hazard	to	users	of	the	national	

airspace	system	or	the	public."	

When	flying	the	sUASs within	three	(3)	miles	of	an	airport,	airport	operators	will	be	notified	and	

the	operator	will	give	the	right-of-way	to	avoid	flying	in	the	proximity	of	full-scale	aircraft.	Maximum	

flight	time	for	each	operation	will	be	30	minutes.

Flights	will	be	terminated	when	battery	levels	reach	25%,	allowing	sufficient	reserve	flight	time to	

safely	land	the	sUASs.	

The	sUAS	will	be	programmed	so	it	will	not	be	operated	at	an	altitude	that	exceeds	400	feet	AGL,	

and	not	more	than	200	feet	above	an	elevated	platform	from	which	videography	is	

planned.Minimum	crew	for	each	operation	shall	consist	of:	sUAS	pilot,	a	visual	sUAS	observer,	and	

the	camera	operator.	The	sUAS	PIC	will	be	an	FAA	licensed	airman	holding	a	minimum	of	a	Private	

Pilot	certificate	and	a	current	FAA	medical	certificate.	

The	sUASs operated	by	the	petitioner	weighs	less	than	25	pounds,	including	all	payload	(i.e.	

camera,	lens,	and	stabilized	gimbal).The	sUAS	will	operate	at	speeds	of	no	more	than	50	knots,	

can	hover,	and	can	simultaneously	move	vertically	and	horizontally.Given	the	small	size	of	the	

sUAS’s and	the	restricted	sterile	environment	within	which	it	will	operate,	Flights	By	Design

operations	adhere	to	all	of	the	Reform	Act's	safety	requirements.