Jason Tinacci Photography

427 East Napa St.

Sonoma, CA 95476

(707) 287-5397

Jason@tinacciphoto.com

October 3, 2015

US Department Of Transportation 

Federal Aviation Administration 

800 Independence Ave SW 

Washington, D.C. 20591

Dear Sir or Madam:

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

reform act) and CFR Part 11, Jason Tinacci Photography, owner and operator of 

Small Unmanned Aircraft Systems (UASs), requests to be exempted from the 

Federal Aviation Regulations (FAR) listed below so that Jason Tinacci 

Photography may operate UASs commercially in airspace regulated by the FAA, 

as long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.

Jason Tinacci Photography (a photography production company) is owned by 

Jason Tinacci, a California resident, with a valid California Drivers license. Mr. 

Tinacci will be the PIC on all flights. All operations will be performed with the 

public’s safety and right to privacy safeguarded at all times, as well as the safety 

and protection of private and public property.

As described below, the requested exception would permit the operation of light 

weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions 

for commercial use by an experienced UAS pilot and visual observer, thereby 

enhancing safety and fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibility to ”establish requirements for safe operation of 

such aircraft systems in national airspace systems.” Section 333(c), of the 

Reform Act.

Jason Tinacci Photography’s UAS (DJI Flamewheel F550, Appendices A and B) 

is an electric rotorcraft weighing less than 55 pounds including payload. It

operates at a speed less than 50 knots and has the capability to hover and move 

in the vertical and horizontal planes simultaneously. The UAS contains safety 

features such as: auto return to launch point when battery power is under 25%; 

as well as a camera for real-time, remote first person view of the aircraft’s flight 

path to assist in local situational awareness. The UAS will operate within the line 

of sight within a protected flight area as described below and at 200 feet AGL or 

less with an observer located close at hand as to make voice communication 

possible. These operations will not create a hazard to users of the national
airspace, public nor the environment.

Jason Tinacci Photography respectfully requests the grant of an exception to the 

following specific sections of the Title 14 Code of Federal regulations allowing it 

to operate lightweight UASs for commercial use,

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 

(b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 

91.409(a)&(b).

Jason Tinacci Photography submits this application in accordance with the 

Reform Act ,112 P.L. 95 331-334, seeking relief from any currently applicable 

FAR’S operating to prevent Jason Tinacci Photography future commercial use of 

small UASs to operate in the national airspace system as described below. The 

reform Act section 332 provides for such integration of civil unmanned aircraft 

into our national airspace system as it is in the public’s interest to do so. Jason 

Tinacci Photography’s UAS meets the definition of “small unmanned aircraft” as 

defined in Section 331, and therefore the integration of this UAS is expressly 

contemplated by the Reform Act. Jason Tinacci Photography would like to 

operate its lightweight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in national airspace 

before completion of the rule making required under Section 332 of the Reform 

Act. In making this determination, the Secretary of Transportation is required to 

determine which UASs do create a hazard to users of the national airspace 

system or the public or pose a threat to national security in light of the following:

- The UASs size, speed, weight and operational capability

- Operation of the UASs in close proximity to airports and populated areas 

- Operation of the UASs within visual line of sight of the operator

Reform Act 333(a). If the secretary determines that such vehicles “may operate 

safely in National Airspace System, the secretary shall establish requirements for 

the safe operation in national airspace.

Jason Tinacci Photography’s UAS is a rotorcraft weighing less than 55 lbs., 

operates at speeds less than 50 knots and has the capability to operate in the 

vertical and horizontal planes simultaneously. The UASs will operate only within 

the line of sight of the operator within a protected flight area and at 200 feet AGL 

or less. These will not present a hazard to the national airspace nor the public.

The very small nature of this UAS, combined with the safeguards presented 

below, will allow for the safe operation greater than that envisioned by Congress 

for the FAA to establish and by exemption allow commercial operations of UASs 
to commence immediately. Also due to the size of UASs and the areas and 

altitudes they will operate approval of this exception presents no national security 

issues and absolutely minimal safety concerns which have been mitigated 

through a rigorous risk management process. Given the clear direction given in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended, the strong equivalent level of enhanced safety, reduced 

emissions utilizing UASs verses traditional aircraft as well as the economic 

impact of greatly reducing the cost of aerial photography thereby benefiting the 

greater public’s interest. Accordingly, the applicant requests that the FAA grant 

the requested exemption without delay.

The following will be considered as the binding limitation on operations of Jason 

Tinacci Photography:

• Flights will only occur in daylight hours.

• Flights will be operated at 200 feet AGL or less, and within a line-of-sight 

distance of fewer than 750 feet of the operator (PIC) and Observer (VSO).

• Flights will be terminated at any time weather or wind deteriorates causing 

unsafe flight.

• Flights will not take place in or near: temporary flight restricted areas; within 

a 5-mile radius of any airport; hospitals; sporting event areas or stadiums;

special security areas; areas where general public is within 150 feet; 

protected bodies of water; National Parks; or other protected or sensitive 

areas.

• All required FAA clearances, will be obtained and distances from airports 

strictly observed.

• Perform Safety Protocol and System Control check before each flight 

(Appendix C)

• The UAS will weigh less than 55 lbs.

• Crew will be at a minimum of operator (PIC) and an observer and/or camera 

operator (VSO).

• Operator and crew will remain in contact during the flight operation.

• The UASs operator will perform a check of the flight area and make certain 

of the safety of all persons in the area.

• Consent will be obtained from all persons within the photographic 

capabilities of the UAS to reduce the chance of violating anyone’s privacy.

• All UASs will have the capability to return automatically to the operator in a 

safe manner with the auto return function checked and working.

• Flights will only operate in VFR conditions.

• UASs have a function on the control to tell operator the distance away from 

the operator and its battery power remaining.

• Flight team will communicate by voice and the use of two-way radio if the 

area is too large to hear voice from all team members.

• UASs will be used for aerial video and still photography for commercial 

marketing and advertising.
14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 

91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, 

weight and defined area of operations for Jason Tinacci Photography’s UAS

flights permits exception from Part 21 because they meet an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act 

(49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UASs from airworthiness certificates in consideration 

of weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations. Jason Tinacci Photography meets or exceeds each of 

these elements.

As of March 23, 2015 the FAA has stated that it will automatically grant a 

“blanket” COA for flights at or under 200 AGL to any UASs operator with a 

section 333 exemption.

14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and 

registrations. These are inapplicable for the same reasons stated above. The 

equivalent level of safety will be achieved by maintaining such certifications and 

registrations at Jason Tinacci Photography operations center.

14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by 

FAR’s this regulation is inapplicable.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are 

no pilots or passengers, and given the size of the UASs this regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining such 

certifications and registrations at Jason Tinacci Photography operations center.

The FAA has previously issued exemptions to this regulation in Exemptions No’s 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 

and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of 

civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. Jason Tinacci Photography will only operate its UAS at or below 

200AGL. They will be operated on a well defined AOR that has been carefully 

reviewed for hazards and minimizes the presence of any persons not essential 

for these operations. Flights will only be over private property that the owner has 

consented and all persons within this camera area also give consent for this 

filming. Compared to flight operations of conventional and traditional aircraft or 
rotorcraft weighing far more than 50 lbs., operating below 500 AGL with 

flammable fuel UASs operations present a far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small 

UASs in the service of aerial photography will greatly enhance safety by reducing 

the overall risk associated with traditional aircraft. Traditional aerial photography 

requires large aircraft with flammable fuel to fly in close proximity of populated 

areas and people in general. With the use of small UASs of 55 lbs. or less, 

battery operated and flying below 200 feet AGL, the risk of injury to people on the 

ground or the crew has been reduced or almost erased.

Granting Jason Tinacci Photography the above exemption will allow for the 

expansion of UAS systems into the future for the safe conduct of free enterprise 

and the enjoyment of the masses.

Jason Tinacci Photography respectfully requests the FAA grant its exception 

without delay. The FAA has the authority to issue the exemption sought by Jason 

Tinacci Photography pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as 

amended (the ACT).

Sincerely,

Jason Tinacci

Owner and Photographer

Jason Tinacci Photography