Exemption Request Pursuant To Section 333 of the FAA Modernization and Reform Act of 

2012 

Name and Address of Petitioner

Benjamin Farren, Member Farren Photography,

904 Edna ct. Rohnert Park, CA 94928

benjaminfarren@yahoo.com

Introduction:

As set forth herein, to commercially operate small Unmanned Aircraft Systems (UAS) safely and 

legally in the National Airspace System (NAS), Benjamin Farren seeks an exemption from 

Federal Aviation Regulations pursuant to 14 C.F.R. and Section 333 of the FAA Modernization 

and Reform Act of 2012.

Section 333 states that the FAA may issue a certificate of waiver upon a finding that a type of 

UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and 

populated areas, and operations within visual line of sight do not create a hazard to users of the 

NAS or the public or pose a threat to national security. The grant of such an exemption is 

consistent with Congress’ intent, reflected in Section 333, that safe systems be permitted in the 

national airspace prior to the issuance of final regulations governing general use of these 

systems.

Being “unmanned aircraft and associated elements, including communication links and the 

components that control the unmanned aircraft that are required for the pilot in command to 

operate safely and efficiently in the national airspace system,” Benjamin Farren’s UAS meet the 

Section 331 definition of “small unmanned aircraft.”

Section 332 provides for such integration of civil unmanned aircraft systems into our national 

airspace system as it is in the public’s interest to do so. I would like to operate my small UAS(s) 

prior to the time period by which the Reform Act requires the FAA to promulgate rules governing 

such craft, thereby providing direct experience and valuable information for formal regulation.

Benjamin Farren intends to use small UAS to provide aerial photography and videography 

services to businesses, organizations and community members. See the Public Benefit section 

of this document for more details. More specifically, we intend to:

! enable businesses to improve marketing and outreach through the use of state-of-the-art 

aerial photography and videography

! provide economic stimulus and public benefit by providing an effective means by which

companies or individuals can use up-to-date, high-quality photos and videos to learn about

properties, neighborhoods and communities

! provide non-profit organizations as well as schools and universities and local municipalities

ways to showcase facilities, document events, and educate the public

I understand that I am entitled to submit a Petition for Exemption if I believe that following a rule 

will burden me, I can provide a level of safety at least equal to that provided by the rule, and my 

request is in the public interest. Therefore I seek relief from the following sections of the current 

regulations:

14 CFR 21subpart H - Certification procedures; Airworthiness Certificates 14 CFR 45.23 - 

Display of Marks

14 CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations
14 CFR 91.105 Flight crewmembers at stations

14 CFR 91.109 (a) Flight instruction

14 CFR 91.119 (c) Minimum safe altitudes

14 CFR 91.121 - Altimeter settings

14 CFR 91.151 (a) - Fuel Requirements for Flight in VFR Conditions

14 CFR 91.203 Carrying Civil Aircraft Certification and Registration

14 CFR 91.405 (a) 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2) Maintenance required; 

Operation after maintenance, preventive maintenance, rebuilding or alteration

14 CFR 91.417 (a) & (b) Maintenance Records

14 CFR 91.7 (a) - Civil Aircraft Airworthiness

14 CFR 91.9 (b) Civil aircraft flight manual, marking, and placard requirements.

This application is similar to many which have received FAA approval. As stated in Exemption 

#11639, the FAA has found that the enhanced safety achieved using an UAS with the 

specifications described by herein, 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 such exemption is in the public interest. Since I am applying at a 

time when the FAA is using a “summary grant process” be informed that while developing this 

request I reviewed, among others, exemptions #11636, #11639, #11595, #11596, #11564, 

#11569, and #11616.

Extent of Relief and Reason for Seeking Relief; Why the Exemption would not Adversely Affect 

Safety, or How the Exemption would Provide a Level of Safety Equal to Existing Rule

Part 21 Airworthiness Certification; Subpart H Certification procedures for products and parts, 

Airworthiness Certificates

This section outlines requirements for the issue of design and production approvals, 

airworthiness certificates, and other airworthiness approvals. We seek relief from this rule 

because the size, weight and enclosed operational area of my UAS, as described elsewhere in 

this document, permit exemption from Part 21 because our UAS meet and exceed 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 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Therefore, relief from 14 CFR part 21, and any associated 

noise certification and testing requirements of part 36, is not necessary.

Instead of following this requirement, I (Benjamin Farren) will seek to uphold the same level or 

exceeded level of safety as described in Part 21 of 14 C.F.R. Therefore this exemption will not 

adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR45.23 Display of Marks

This section outlines regulations requiring specific location(s) and size of aircraft marks. I seek 

relief from this rule because, given the size of my UAS, and the lack of cabin, cockpit or pilot 

station, two-inch lettering is difficult to place on such a small aircraft.

Instead of following this requirement, I will mark the UAS in lettering that is as large as 

practicable so that the PIC, VO, or other observers will see the markings. This exemption will 

therefore not adversely affect safety or will provide a level of safety equal to the existing rule.

14 CFR61.113 (a) & (b) Private Pilot Privileges and Limitations

This section describes regulations concerning certification of pilots. I seek relief from this rule 

because the risks associated with the operation of a UAS are lesser than and often uncorrelated 
with the risks associated with the commercial and private aircraft operations contemplated by 

Part 61 when drafted. The skills required to fly large, manned aircraft are substantially different 

from the skills required to remotely operate a small UAS. Also, manned aerial vehicles weighing 

significantly more than small drones (such as ultralight vehicles) as well as small UAS legally 

operated by hobbyists, operate without the need for pilot certification.

Requiring a private or commercial pilot certificate would provide no appreciable safety benefit 

and would needlessly impose an undue burden of time and cost on me, most particularly in light 

of the FAA’s Small UAS Notice of Proposed Rulemaking which proposes that small UAS pilots 

be considered ‘operators’ required to meet certain requirements that do not include pilot’s 

license.

Instead of following this requirement, to minimize risk and maximize safety, all UAS operations 

will be controlled and limited, and all flights will be planned and coordinated prior to operations:

•prior to operations, Benjamin Farren’s PIC(s) will go through a documented process of 

dedicated ground school and flight lessons in accordance with manufacturer and industry 

guides. 

• all PIC’s will only operate the UAS as stated in this document, flying at altitudes well below the 

permissible limits for other civil aircraft, and within a geographical area under the control of 

Benjamin Farren’s clients.

•the PIC will be designated before a flight and will not transfer control at any time during a flight. 

•Benjamin Farren’s PICs will comply with upcoming FAA Operator Certification and 

Responsibilities once they are finalized.

This exemption will therefore not adversely affect safety or will provide a level of safety equal to 

the existing rule. More information about pilot safety can be found in the Operation of the 

Unmanned Aircraft to Minimize Risk to the NAS, People and Property section of this document.

14 CFR91.105 Flight Crewmembers at Stations

This section outlines regulations for flight crewmembers inside an aircraft. We seek relief from 

this rule because there is no flight crew onboard a small UAS.

Instead of following this requirement, in keeping with the direction of the regulation, the PIC of 

the UAS and VO will be at their respective crewmember stations on the ground during takeoff 

and landing as well as the complete duration of the flight. By instituting this procedure this 

exemption will therefore not adversely affect safety or will provide a level of safety equal to the 

existing rule.

14 CFR91.109 (a) Flight Instruction

This section provides 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. We 

seek relief from this rule because UAS do not have fully functioning dual controls.

Instead, flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. 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. This exemption will therefore not adversely affect safety or will provide a 

level of safety equal to the existing rule.

14 CFR91.119 (c) Minimum safe altitudes: General.

This section establishes minimum altitudes for operation of civil aircraft. We seek relief from this 

rule because the services we intend to provide for the public good may require photo or video 

images captured from an altitude of less than 400 feet.
Instead of following this requirement, all UAS flights will be conducted with within visual line of 

sight and with prior permission from the owner of the property or municipality. All persons, 

vessels, vehicles, not directly involved with the operation will be notified and cleared of the area 

where UAS operations will be conducted. Given my policies of advance notice and access 

restricted area, and given the size, weight, maneuverability and speed of my UAS, I will 

maintain an equivalent or higher level of safety of that described in this rule.

14 CFR91.121 Altimeter settings

This section defines regulations for altimeter settings. I seek relief from this rule concerning 

altimeter settings because: my UAS has no altimeter settings. Instead, electronic GPS 

downlinks telemetry data in real time to the PIC’s ground-based on-screen display as to the 

altitude (AGL) of the UAS above the takeoff location.

This exemption will not adversely affect safety, as my PIC will provide a level of safety equal to 

the existing rule by confirming the altitude of the launch site shown on the GPS altitude indicator 

prior to each flight.

14 CFR91.151 (a) Fuel Requirements for Flight in VFR Conditions

This regulation 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 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 45 minutes.” I 

seek relief from this rule because our UAS runs on battery instead of fuel, and most of my UAS 

flights last less than the 30 minute reserve requirement.

Instead of following this requirement, an equivalent level of safety will be achieved by following 

the UAS manufacturer’s operating documents with regard to battery voltage. To ensure safety 

and maintain adequate communication between radio contol and the UAS, our PIC will not 

begin a flight with a battery holding less than 75% charge; and will not begin a flight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the intended 

landing point at normal cruising speed and land the UAS with no less than 15% of battery 

power. A landing sequence will be initiated at the 20% warning and the UAS automatically 

initiates landing sequence at 15% charge while still under PIC control.

Through implementation of these procedures, this exemption will not adversely affect safety or 

will provide a level of safety equal to the existing rule.

14 CFR91.203 Carrying Civil Aircraft Certification and Registration

This regulation pertains to display of airworthiness certification within an aircraft. I seek relief 

from this rule because my small UAS weighs less than 10 pounds, and is operated without an 

onboard pilot. There are no passengers or crew; and no cabin or cockpit entrance upon which to 

display certificates.

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

point where the PIC will have immediate access to them, and be able to provide them upon 

request.

14 CFR91.405 (a) Maintenance required; 14 CFR91.407 (a) (1) Operation after 

maintenance, preventive maintenance, rebuilding, or alteration; 14 CFR91.409 (a) (2) 

Inspections; and

14 CFR91.417 (a) & (b) Maintenance records

I seek relief from these 4 rules because these regulations only apply to aircraft with an 

airworthiness certificate, and will not, therefore, apply to Benjamin Farren’s UAS. I seek relief 
also because the FAA has not developed maintenance standards for UAS that would allow an 

UAS operator to meet the part 91 maintenance requirements. In particular, there are no 

individuals authorized by the FAA to approve a UAS for return to service or to conduct the initial 

airworthiness and annual return to service inspections as required.

Instead of following these requirements, I will:

•perform preventative and required maintenance on each aircraft as per the owner’s manuals.

•inspect my UAS before and after each flight to ensure that the UAS is in a condition for safe 

flight.

•conduct a test flight on each aircraft following any major repairs.

•properly note all discrepancies, maintenance, and alterations in a Maintenance Log.

Therefore this exemption would not adversely affect safety or would provide a level of safety 

equal to the existing rule. More information about maintenance procedures can be found in the 

Operation of the Unmanned Aircraft to Minimize Risk to the NAS, People and Propertysection of 

this document.

14 CFR91.7 (a) Civil aircraft airworthiness

This section states that “no person may operate a civil aircraft unless it is in an airworthy 

condition.” I seek relief from this rule based on the fact that Benjamin Farren’s UAS will not 

require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the 

fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not 

necessary.

An equivalent level of safety will be achieved through the guidance from our pilot training, and 

operational risk management for each activity.

14 CFR91.9 (b) Civil aircraft flight manual, marking, and placard requirements

This section requires an aircraft flight manual in the aircraft. I seek relief from this rule based on 

the small size of our UAS and the fact that my UAS carries no onboard pilots or passengers. 

Given its size and configuration there is no room or capacity in my UAS to carry such an item. 

This regulation is therefore inapplicable.

An equivalent level of compliance will be achieved by keeping my versions of these documents 

at the ground control point where the PIC will have immediate access to them, and be able to 

provide them upon request. 

——————————————————————————————————————————

Public Benefit: how our request would benefit the public as a whole

Granting Benjamin Farren the ability to operate small UAS safely and legally in the National 

Airspace System will have the following positive economic and societal impacts on local 

communities, businesses, organizations and community members:

! benefit local business marketing by offering state-of-the-art aerial photography and 

videography

! provide economic stimulus and public benefit by providing an effective means by which 

companies or individuals looking to relocate to an area can use up-to-date, high-quality

photos and videos of real estate properties to learn about properties, neighborhoods and 

communities
! provide non-profit organizations as well as schools and universities and local municipalities 

ways to showcase facilities, document events, and educate the public

All of the above services:

! are otherwise unavailable to the public, given the UAS’s the ability to:

○ safely capture images from 0 to 400 feet.

○ create images that are more up-to-date and more closely defined than Google

Earth-type satellite images.

○ create images at prices lower than that of traditional helicopter and airplane

photography and videography.

! increase safety of and reduce risk to the public and the NAS by:

○ replacing large manned helicopter and airplane flights with small UAS flights, thereby reducing 

air and noise pollution as well as the dangers inherent in flying aircraft loaded with 

crewmembers and combustible fuel close to people and property.

! reduce environmental pollution and reliance on fossil fuels by replacing fueled aircraft flights 

with battery-operated UAS flights.

Operation of the Unmanned Aircraft to Minimize Risk to the NAS, People and Property

Concerning my commercial UAS flight operations, I take seriously my obligation to clearly define 

operational borders, and implement operational risk management procedures to ensure the 

public safety of persons and property both in the air and on the ground.

While Benjmain Farren currently provides photography and videography services in northern 

California, I may at times contract with clients throughout the U.S. My area of intended 

operations include a range of population areas, from urban to rural, with some areas, especially 

coastal ones, experiencing seasonal increases and decreases in activity from both people and 

aircraft. My operations will take into account these variations in populations and activities. 

Meeting or exceeding COA requirements to perform commercial operations in low-risk, 

controlled environments, our UAS will be operated:

during daytime Visual Flight Rules (VFR) conditions and visual meteorological conditions 

(VMC).

within visual line of sight (VLOS) of the Pilot in Command (PIC) or the Visual Observer (VO), 

in accordance with the statutory Section 333(b)(1) mandate.

in such a manner that the PIC and VO are able to communicate verbally at all times; and that 

the VO can assist the PIC with seeing and avoiding other air traffic and other ground-based 

obstacles/obstructions.

I will not operate my UAS:

at altitudes exceeding 400 feet AGL

in winds exceeding 25 knots.

at airspeeds greater than the maximum recommended by the manufacturer.

less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is 

less than 3 statute miles from the PIC.

unless (considering wind and forecast weather conditions) there is enough available power for 

the UAS 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.
near areas where general public is within 200 feet; or directly over any person except 

authorized personnel and consenting inspection personnel, unless operations nearer to the 

PIC do not present an undue hazard to those persons; or unless 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.

near power lines, wind turbines, or elevated lights; or within areas of airspace restrictions such 

as the one imposed by the National Park Service.

near airports, heliports, or military bases; more specifically:

○ In accordance with the statutory Section 333 mandate regarding proximity to airports, I will 

stay certain distances away from airports or heliports: 5 NM from an airport having an 

operational control tower; or 3 NM from airport w/ a published instrument flight procedure, but 

not operational tower; or 2 NM from an airport w/out published instrument flight procedure or an 

operational tower; or 2 NM from a heliport with a published instrument flight procedure.

○ I will 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 will be made 

available to the Administrator or any law enforcement official upon request.

If I intend to conduct operations in controlled airspaces which have existing requirements to 

notify Flight Standards District Offices (FSDOs) prior to operations – such as motion picture and 

television filming, or pipeline and powerline patrol – I will contact the local FSDO and comply 

with their procedures, such as filing a NOTAM as per their request.

My Flight Operations and Procedures Manual, will include procedures for:

! conducting a preflight safety risk assessment to determine that the UAS is in a condition for 

safe flight, i.e. completing a preflight inspection checklist to ensure the UAS’s airworthiness. If 

the inspection reveals a condition that affects the safe operation of the UAS and/or the Ground 

Control Station, the aircraft will be prohibited from operating until the necessary maintenance 

has been performed and the UAS is found to be in a condition for safe flight.

! maintaining a Flight Log (noting UAS flight time, Control Unit operation time, incident reports, 

etc.); and making said Log available to the FAA if requested.

! conducting initial and ongoing training of PICs and VOs. All persons not essential for flight 

operations will be considered nonparticipants, and the PIC will operate the UAS with appropriate 

distance from nonparticipants in accordance with 14 CFR 91.119.

! evaluating the operational abilities of PICs and VOs on a regular basis.

! maintaining and repairing the aircraft to ensure that it is in a condition for safe operation by:

○ following the UAS manufacturer’s maintenance, overhaul, replacement inspection, and life 

limit requirements and safety bulletins for the aircraft and its components.

○ installing firmware updates provided by the manufacturer.

○ keeping a Maintenance Log noting all maintenance, inspection, alterations, and status

of replacement/overhaul component parts in the aircraft records, including total time in service, 

description of work, and signature of the authorized person returning the UAS to service; and 

making said Log available to the FAA if requested.

○ verifying condition of flight batteries and calibrating the Inertial Measurement Unit (IMU) using 

manufacturer software.

○ conducting a functional test flight on any UAS that has undergone maintenance or alterations 

that affect the UAS operation; said functional test flight will be conducted by a PIC with a VO 
and so as to not pose an undue hazard to persons and property; and recorded in the aircraft 

records.

! procedures that ensure that the planned operation can be completed safely, such as:

○ checking local sectional (air) charts, notam (notice to airmen), etc. prior to the flight.

○ conducting a pre-flight visual survey of the area to consider characteristics of the area

of intended operation(s) and the associated potential hazards regarding proximity to

populated areas.

○ remaining clear and giving way to all manned aviation operations and activities at all times.

○ aborting a flight and landing the UAS at the nearest and safest ground point in the event of 

safety breaches, potential danger, unpredicted obstacles or emergencies.

○ using a fresh, fully-charged battery with each flight as a safety precaution, to ensure safety 

and maintain adequate communication between radio contol and the UAS; and not operating 

my UAS at or below manufacturer recommend minimum charge levels for operation.

Also:

! Flight operations will be performed only at the request of and with the authorization and

permission of clients (property owner/controller) or their authorized representatives.

! Caution signs will be placed at the site of aerial operations to warn people that aircraft

operations are in progress.

! Our Client Agreements will reserve us the right to decline a photo shoot if conditions of the 

location (e.g. proximity of power lines) may cause unacceptable risk; and to reschedule a photo 

shoot if weather conditions such as precipitation or wind speed become a factor.

! The operating documents for our UAS, and any revisions, will be accessible during UAS 

operations and made available to the Administrator or law enforcement official upon request.

Summary for Federal Register

Benjamin Farren, of Rohnert Park, CA, seeks exemption from Federal Aviation Regulations 

pursuant to 14 C.F.R. and Section 333 of the FAA Modernization and Reform Act of 2012 for the 

purpose of commercially operating small Unmanned Aircraft Systems (UAS) safely and legally 

in the National Airspace System.

Specifically, Benjamin Farren seeks relief from the following sections of the current regulations: 

14 CFR 21subpart H - Certification procedures; Airworthiness Certificates;14 CFR 45.23 - 

Display of Marks;14 CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations;14 CFR 

91.105 Flight crewmembers at stations;14 CFR 91.109 (a) Flight instruction;14 CFR 91.119 (c) 

Minimum safe altitudes;14 CFR 91.121 - Altimeter settings;14 CFR 91.151 (a) - Fuel 

Requirements for Flight

in VFR Conditions;14 CFR 91.203 Carrying Civil Aircraft Certification and Registration;14 CFR 

91.405 (a) 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2)Maintenance required; Operation after 

maintenance, preventive maintenance, rebuilding or alteration;14 CFR 91.417 (a)&(b)

Maintenance Records;

14 CFR 91.7 (a) - Civil Aircraft Airworthiness;14 CFR 91.9 (b) Civil aircraft flight manual, 

marking, and placard requirements.

Benjamin Farren intends to use small UAS to provide aerial photography and videography 

services to businesses, organizations and community members. More specifically, I intend to:

! enable businesses to benefit through the use of state-of-the-art visual marketing materials

! provide non-profit organizations as well as schools and universities and local municipalities

ways to showcase facilities, document events, and educate the public
The enhanced safety achieved using an UAS with the specifications described herein, and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, should give the FAA good cause to find 

that such exemption is in the public interest. By granting this request for exemption, the FAA will 

facilitate the smooth integration of UAS into the NAS.

Additional Information, Design Characteristics, Aircraft Performance and Performance 

Limitations, and Conditions of UAS to be Operated

UAS described below:

DJI Phantom 3 Professional

! utilize 4 counter-rotating propellers for balance, control and stability

! is equipped with GPS to maintain geospatial orientation and position

! use Return Home safety technology and Auto Landing feature if UAS loses transmitter signal

! is controlled primarily through FCC approved RF spectrum transmitter/controller/receivers;

and FCC approved RF spectrum EIRP with transmitting power of 100 mW for dedicated wifi

transmitter/receiver between UAS.

! send real time video and telemetry information is transmitted back to a ground control station, 

allowing PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, 

camera imagery, and control camera angle.

! has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by 

the onboard flight controller and maximum altitude can be preprogrammed by the PIC.

! has audible and visual sequential low battery warnings set at 30% charge and 15% charge 

remaining. The UAS automatically initiates landing sequence at 15% charge while still under 

PIC control. The onboard flight controller will warn the pilot via telemetry and external lighting 

cues before reaching a low battery state. An automatic termination of flight and landing will be 

initiated when the battery reaches a predetermined low state.

! Gross weight of less than 3 pounds including camera and battery

! Cruising speed of 15 knots, with a maximum speed of 31 knots and maximum altitude of

6000m

! Maximum flight time of 23 minutes

! FCC compliant Radio Frequency (RF) spectrum 2.400 GHz2.483 GHz 

! manual available at http://www.dji.com/product/phantom3/download