January 4, 2015

Michael Chow

6 Cobb Lane

Commack, NY 11725

(631) 889-2976

info@michaelchowmedia.com

Re: Request for exemption from multiple regulatory provisions to allow the use of small 

unmanned aerial systems on land controlled by clients of (The Petitioner) to assist in the safe 

evaluation of infrastructure and operations for our clients.

To Whom It May Concern:

Michael Chow (hereinafter referred to as “The Petitioner”) respectfully requests an exemption 

from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use 

of small unmanned aerial systems (sUAS) for aerial videography and photography of real 

estate, commercial properties, weddings, and landscape. This request is motivated primarily by 

his clients’ demand for aerial views in advertising and branded materials. An exemption would 

allow The Petitioner to provide these images with sUAS, resulting in stimulation of the local 

economy and small businesses. Accordingly, the grant of an exemption is consistent with 

Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 

(Modernization Act),1 that safe systems be permitted in the national airspace prior to the 

issuance of final regulations governing general use of these systems.2 A summary of this 

request suitable for publication in the Federal Register is provided as Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft performance, 

and fail-safe features. The Petitioner has provided manufacturer information related to operating 

limitations, normal and emergency procedures, and maintenance and inspection procedures. As 

The Petitioner adds aircraft designs, The Petitioner will update this appendix appropriately.

1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates 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.

Background Information

Michael Chow is a freelance cinematographer, photographer and digital media specialist from 

Long Island, NY. Michael Chow’s clients look to him to provide the best quality imagery using 

the most cutting-edge technology. Increasingly, The Petitioner has clients looking to utilize aerial 

video and photography in their branding materials and would benefit greatly from the use of a 

sUAS.
Cinematography and Photography Services

Weddings and Events

Real Estate Listings

Branding Materials for Local Businesses

Music Videos / Art Projects

As part of this, The Petitioner is requesting FAA Exemption for sUAS operations for photo and 

video capture usage.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant 

an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the 

public interest. The FAA has imposed a separate requirement in its procedural regulations, 

providing that the petitioner shall explain why granting the exemption would not adversely affect 

safety or how the exemption would provide at least an equivalent level of safety as compliance 

with the underlying regulation. Granting an Exemption is in the Public Interest. In this case, 

approval of this exemption would advance the public interest by stimulating economic and 

societal growth in local communities. In addition to working with local businesses, The Petitioner 

works with several not-for-profit organizations and local charities such as the Spirit of 

Huntington Art Center, who specialize in working with special needs children and war veterans. 

Improved quality of promotional materials such as web videos, documentaries, and flyers with 

imagery utilizing an sUAS would help draw attention to such organizations and help strengthen 

communities, encourage artistry and creativity, and other socio-economic benefits.

Granting an Exemption will not Adversely Affect Safety

The Petitioner notes that there is no applicable standard for an equivalency determination. 

Some have argued that the appropriate standard is that for model aircraft, noting that their 

operations, if conducted for recreational purposes, would fall completely within the allowable 

operations for model aircraft. The Petitioner believes it is difficult to argue that there is sufficient 

correlation between model operations controlled by the Academy of Model Aeronautics and the 

ones contemplated by The Petitioner. At the same time, it is clear that equivalency cannot be 

established for traditional, manned civil aircraft because the design and use profiles between 

traditional aircraft and sUAS are simply too different. As such, The Petitioner believes it makes 

more sense to focus on why the contemplated operations would not adversely affect safety, 

which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. The Petitioner contemplates conducting 

sUAS operations over client owned or controlled land, solely during daylight hours, at altitudes 

well below that which would pose a risk to other aircraft. In general, sUAS operations are 

intended to be conducted in areas distant from both congested areas and airports such as open 

fields, lots, and upscale homes and venues with expansive properties in rural areas. The nature 

of operations anticipated by The Petitioner requires that the sUAS be flown at relatively low 

altitudes and relatively low speeds. The Petitioner expects that in most instances, the sUAS will 

be flown less than 75 feet from the highest structure along the path of the sUAS. Accordingly, 

the risk of interference with another aircraft is minimal. The Petitioner also plans to conduct 

sUAS operations at least five miles from any public airports (including heliports).
Approval of exemptions allowing commercial operations of sUASs in the film and photography 

industry will enhance safety by reducing risk to crew members and others involved. The sUAS 

will carry no passengers or crew and, therefore, will not expose them to the risks associated 

with manned aircraft flights, industrial jib cranes, larger and heavier equipment, and other 

manned vehicles. Additionally, granting an exemption will provide easier and more affordable 

access to legal, safe sUAS utilization which will discourage unauthorized, unqualified hobbyists 

from taking on these jobs and adversely affecting safety.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including 333 Aircraft Exemption Status exempting the applicant from 

conventional aircraft requirements and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a 

result, are far safer than conventional operations conducted with other equipment and manned 

vehicles.

The safety of those on the ground is protected by the fact that no one will be allowed into the 

area without the permission of the The Petitioner. Security will be established for the flight area 

as part of the pre-flight control. Each individual within the secure area will be briefed prior to 

flight and will consent to being in the area. All others will be excluded from the area.

The Petitioner will be the only PIC involved in sUAS operations. All operations will be within 

visual line-of-sight (i.e., no more than approximately 0.5 miles from the manipulator of the 

controls, or pilot in command (PIC)). The PIC will conduct at least three take-offs and landings 

with the sUAS on which he is trained every 90 days. Depending on the type of operation, 

additional ground-based visual observers may be employed as well. These observers will be 

within constant visual line of sight and in constant contact with the PIC. The visual observers will 

assist the PIC in avoiding objects near the sUAS. The PIC has 10 hours of flight time with the 

sUAS specified in Appendix B in various conditions indoors and outdoors.

The Petitioner proposes that the aircraft be operated within a secure environment and that no 

one be allowed to enter the secure environment unless they are part of the operation, have 

been fully briefed of the risks prior to operation of the sUAS, and have consented to the risks 

associated with being in the operating area. Should there be a mishap, the sUAS being flown 

pose significantly less of a threat than the helicopters and fixed wing aircraft now being 

employed because they are a fraction of the size, carry no flammable fuel, do not carry crew or 

passengers, and pose an infinitesimal risk to others. This is in stark contrast to conventional 

aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, and operate in 

a much larger area.

The Petitioner intends to use commercially available sUAS without alterations. These sUAS 

systems will be tested for quality & safety before being deployed to the field. The sUAS is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a 

secured area. Please see Appendix B, for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference to 49 

USC 44704, and in consideration of the size, weight, speed, and limited operating area 

associated with the aircraft and its operation, The Petitioner requests that this aircraft exemption 
meets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, 

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

 

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA will 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 will be as large as 

practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

The Petitioner’s request is based on the fact that no airworthiness certificate will be issued for 

the UAS. The Petitioner’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.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard 

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available to 

inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding 

whether certain required documents may be kept at an unmanned aircraft’s control station,” 

dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) is 

not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests 

Small UASs, by their 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. As such, The Petitioner does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because the 

The Petitioner’s operations will only be conducted within secured areas described herein.

It should also be noted that exemptions have been granted for similar cases such as the ones 

listed below:

Exemption No. 14137

Exemption No. 14142

Exemption No. 14076

Exemption No. 14078

Exemption No. 14085

Exemption No. 14119

Exemption No. 14106

Exemption No. 14132

Exemption No. 14061

 
Safety Operations & Procedures Overview:

Technology Considerations:

Best-in-class, tried and proven technologies that are in advanced iterations. Software from 

highly-reputable industries will include features -

1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses 

communications, the sUAS will have capability to return to a pre-determined location within the 

Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, The Petitioner 

can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain 

spatial orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all 

times: speed, altitude, number of GPS satellites (when available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) link failures 

occur (highly improbable), vehicle returns automatically to the point of launch.

8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination 

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot.

Mechanical/Physical:

1. The Petitioner will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to 

the pilot, thus eliminating the concern of signal severance (flying behind objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 200 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as 

otherwise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal 

op, director)

2. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing.

3. The operator will obtain the consent of all persons involved in the sUAS operations and 

ensure that only consenting persons will be allowed within 100 feet of the flight operations.

4. Observer and pilot will at all times be able to communicate by voice.

5. Written and/or oral permission from the relevant property holders will be obtained. 

6. Pilot will have been trained in operation of UAS generally and received up-to-date information 

on the particular UAS to be operated.
Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy 

source(s) and equipment. Operations authorized by this petition of exemption are limited to the 

following aircraft described in Appendix B. Proposed operations of any other aircraft will require 

a new petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 200 feet above ground level (AGL), 

as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC 

must be in feet AGL.

4. 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 medical certificate.

5. All operations must utilize a visual observer (VO). 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.

6. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. All maintenance and alterations must be properly 

documented in the aircraft records.

7. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/

component/overhaul, replacement, and inspection/maintenance requirements must be 

established and identified in the operator’s manual. At a minimum, requirements for the 

following must be included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

8. The UA may not be operated directly over any person, except authorized and consenting 

personnel, below an altitude that is hazardous to persons or property on the surface in the event 

of a UAS failure or emergency.

9. Regarding distance from nonparticipating persons, the operator must ensure that no persons 

are allowed within 500 feet of the area except those consenting to be involved and necessary 

for the infrastructure inspection operations. 

10. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter.

11. The UAS must abort the flight in the event of unpredicted obstacles or emergencies.

12. Each UAS operation must be completed with 25% battery power remaining.
13. 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.

14. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS.

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins.

16. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

17. 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.

18. The UAS may not be operated by the PIC from any moving device or vehicle.

19. 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.

20. 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. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, The Petitioner provides the 

following information:

Contact Information:

Michael Chow

6 Cobb Lane

Commack, NY 11725

(631)889-2976 

info@michaelchowmedia.com

Regulatory Provisions from which The Petitioner seeks an Exemption

The Petitioner believes it may need an exemption from the following provisions to conduct the 

contemplated operations. In some instances, relief is needed because relief from another 

provision renders compliance with the regulation at hand infeasible.

333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)
The Petitioner believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for The Petitioner 

to conduct the operations described here, The Petitioner requests an exemption from any such 

regulatory provisions as well.3

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since none of the underlying 

requirements (e.g., inspection intervals) can be met and will require an exemption, The Petitioner believes a separate exemption should not be 

required for §91.417(a).

 

The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement 

for an airworthiness certificate based on a consideration of the size, weight, speed, operational 

capability of the particular UAS, as well as its proximity to airports and populated areas. An 

analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by The Petitioner will be at least 

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

airworthiness certificate without the conditions proposed in this request.

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by the operator and observer. Operations will be conducted 

in compliance with the FAA and with local public safety requirements to provide security for the 

area of operation as is now done with conventional equipment. These safety enhancements 

provide an expanded degree of safety over conventional operations. Lastly, application of these 

same criteria demonstrates that there is no credible threat to national security posed by the 

sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and 

inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular sUAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

 

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft.
(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

*****

While The Petitioner will not hold commercial pilot licenses, the sUAS will not carry property for 

compensation or hire since they will be used solely to film and photograph imagery in 

furtherance of The Petitioner’s client’s primary business. The Petitioner will be the sole operator 

of the sUAS and will be compensated for such work with flights only incidental to that business.

Without an exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the risk 

posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for 

other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under 

the sole control of The Petitioner. Accordingly, the risk would be limited to The Petitioner, who 

will be appropriately outfitted in safety gear, and The Petitioner client’s property on the ground. 

Requiring a commercial pilot certificate would provide no appreciable safety benefit and would 

needlessly impose additional cost on The Petitioner. Because the contemplated operations 

would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, 

relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.

*****

The Petitioner submits that the only relief it requires from §91.119 is from the minimum

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because operations conducted at 500 feet or higher is insufficiently distinct to be meaningful. 

Since operations at this altitude also pose a heightened risk of collision with another aircraft, 

safety can only be assured through the grant of an exemption. Additionally, relief should not be 

needed from paragraph (a) because an emergency landing of the aircraft due to a power failure 

will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, The Petitioner will have 

exclusive use of the land over which the sUAS will be operated, and public access is restricted. 

The Petitioner tightly controls access to the land and have the ability to assure that no 

individuals unassociated with the planned operations are on the affected land. As such, the risk 

of injury is minimal. The Petitioner does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.”

*****
As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination 

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot.

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin 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.

(b) No person may begin 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, to fly after that for at least 20 minutes.

*****

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. The Petitioner does not intend to use the sUAS for point-to-point 

flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an 

airport in order to land. Rather, The Petitioner will operate the sUAS using pre-planned flight 

paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of 

intended landing. As such, there is no need for a time-based excess fuel requirement. Rather it 

should be sufficient to require only as much additional excess flight capacity as necessary to 

safely land the sUAS. The Petitioner believes that a 25% battery reserve is more than sufficient 

to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) 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; *****

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or 

alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter;

*****

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had __
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

this chapter.

*****

§91.417 (a) & (b)

*****

The Petitioner believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards that would allow an 

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

authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct 

the initial airworthiness and annual return to service inspections required by §91.409(a). The 

Petitioner will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where 

applicable, and will not operate the aircraft until it has reasonably determined that any needed 

repairs have been made. However, because of the technical impossibility of meeting the 

requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), The Petitioner believes an 

exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns.

Respectfully submitted,

Michael Chow

Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register should the FAA determine that publication is needed.

Petitioner: Michael Chow. 

Sections of 14 C.F.R. Affected: 

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)
Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 

61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) 

to conduct sUAS operations over The Petitioner’s client’s owned or controlled land, solely during 

daylight hours, to provide aerial video and photography. In general, sUAS operations are 

intended to be conducted in areas remote from both congested areas and airports. The nature 

of operations anticipated by The Petitioner requires that the sUAS be flown at relatively low 

altitudes. The Petitioner expects that in most instances, the sUAS will be flown less than 75 feet 

from the highest structure along the path of the sUAS and in no instances will be flown higher 

than 200 feet above the ground. Accordingly, the risk of interference with other aircraft is 

minimal.

Appendix B

Specific type, make, and model:

DJI Phantom 3 Professional - See Flight Manuals at this link: 

https://dl.djicdn.com/downloads/phantom_3/en/

Phantom_3_Professional_User_Manual__V1.6.pdf