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NGAP LLC

Attn: Scott Humphreys

12101 N MacArthur Blvd

Suite A #255

Oklahoma City, OK 73162

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1. DJI Phantom 3 Professional User Manual

2. DJI Phantom 3 Professional Safety Guidelines and Disclaimer

3. DJI Inspire 1 User Manual

4. DJI Inspire 1 Safety Guidelines

5. DJI Inspire 1 Maintenance Manual

Dear Sir or Madam:

This letter is to request exemption from certain regulations and certification requirements 

as allowed under Section 333 of the FAA Reform Act of 2012 in order for NextGen 

Aerial Photography (NGAP LLC), the petitioner, to commercially operate an Unmanned 

Aerial System (UAS) for the purposes of aerial photography, cinematography, 

videography, surveying, and other flight operations that could be performed safely and 

more cost effectively with the use of a UAS.

Regarding the Unmanned Aircraft System

The petitioner will primarily operate the commercially produced UAS DJI Phantom 3, 

DJI Inspire 1 or 3DRobotics Solo. Additionally, the petitioner requests approval to 

operate those aircraft previously approved under Section 333 exemptions. These aircraft 

have inherent design features that contribute to minimizing risk to the NAS, persons and 

property on the ground. These features include operational weights less than 55 pounds, 

maximum operating speeds of less than 100 miles per hour, onboard-computer-limited 

maximum altitude of 400 feet AGL, on-board GPS no-fly zones, and operational fail 

modes that can automatically return the UAS to its departure point if it loses contact with 

the transmitter or if an unsafe condition is detected by the pilot.

The petitioner will use the manufacturers preflight inspection, maintenance and repair 

procedures to ensure that the UAS is in a condition for safe flight. These commercially 

produced UAS all comply with FCC regulation and requirements.
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Regarding the Unmanned Aircraft PIC

The NGAP LLC principle is Scott Humphreys who is an active commercial pilot with 

experience in Part 91, 121, 135, and 141 operations. Additionally he is an avid remotely 

controlled aircraft pilot having over 20 years experience in the safe operation of fixed and 

rotor wing aircraft and UAS.

If the petitioner requires additional pilots in the future, it will attempt to employ those 

whose qualifications meet or exceed the principles. At a minimum all pilots operating 

under the petitioners exemption will, at a minimum, be active sport pilots with at least 2 

years proven safe operating experience of similar UAS type aircraft.

Regarding the Operation of the Unmanned Aircraft

The petitioner plans to primarily operate a UAS in the NAS for the purposes of aerial 

data collection including photography, videography and surveying but may also use the 

UAS to complete inspections and other previously exempted flight operations.

The petitioners attached operations manuals and safety guidelines will be followed to 

insure safe operation of the UAS. Additionally the petitioner will only operate the UAS 

after it has obtained express written permission or consent from the property owners, 

private event coordinator and participants, and appropriate regulatory agencies. The 

petitioner has reviewed multiple Section 333 exemptions and will also utilize the 

limitations and conditions set for in these exemptions.

If operations within 5 miles proximity to airports are used, the petitioner will ensure it has 

coordinated with airport management or appropriate approval authority and ATC to 

ensure operation will not interfere with manned operations.

Petitioner shall maintain VLOS with the UAS at all times. If for any reason pilot will be 

unable to maintain complete and total VLOS with the UAS, an equally qualified visual 

observer will be used and maintain constant communication with the pilot in order to 

ensure VLOS.

Specific regulation and requirements relief

In consideration of the size, weight, speed and limited operating area associated with the 

UAS and its operation, the petitioner requests relief from 14 CFR part 21(h). In addition, 

petitioners exemption request is similar in nature and material respects to previously 

exempted operations under Grants of Exemption Nos. 11062, 11109, 11112, 11213 and 

11437. Thus, as previously granted, petitioner requests 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

in the NAS.

Petitioner plans to operate the UAS pursuant to the automatically granted “blanket” COA 

for flights at or below 200 feet and operations conducted during day VFR conditions 

under VLOS. If operations outside these blanket parameters are required, petitioner will 

submit for a separate COA specific to the airspace required for said operation.
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Summary

The petitioner has many years of experience operating a variety of manned and 

unmanned aircraft in the national airspace system including microlight radio controlled 

aircraft through heavy transport category aircraft. These experiences will allow the 

petitioner to continue the safe aviation track record already in place and help to contribute 

to the future of aviation.

Sincerely,

/s/

Scott Humphreys

Principle, NGAP LLC