December 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SW

Washington, DC 20591

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11. I, Brett A. Steele, operator of an Unmanned Aircraft System (UAS), 

hereby apply, on behalf of Tiny T Photography, for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so 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. 

I would like to formally submit for an exemption from the following:

• 14 CFR Part 21, subpart H

• 14 CFR 45.23(b) 

• 14 CFR 61.113(a) and (b) 

• 14 CFR 91.7(a) 

• 14 CFR 91.9(b) (2)

• 14 CFR 91.103 

• 14 CFR 91.109 

• 14 CFR 91.119 

• 14 CFR 91.121 

• 14 CFR 91.151(a) 

• 14 CFR 91.203(a) and (b) 

• 14 CFR 91.205(b) 

• 14 CFR 91.405(a)

• 14 CFR 91.407(a) (1)

• 14 CRR 91.409(a) (2)
• 14 CFR 91.417 (a) and (b)

The formally requested exemption would permit Brett A. Steele to pursue his commercial 

interests in providing services to clients using a UAS in the following operating manner: 

• Aerial photography and/or video for public and/or private use including real estate and 

other related professional activities

• Aerial photography and/or video for public and/or private use including television, public 

events and newsgathering

• Aerial photography/video or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when local authorities or 

government has requested it by contract or donation

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) 

safe. Approval of this exemption would increase public awareness of UAS operations and 

enhance safety to aid in fulfilling the Secretary of Transportation responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. We will operate a DJI Phantom 3 Professional, which is comprised of an 

unmanned aircraft (UA or Phantom), an attached 4k camera and a transportable ground station.

The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is equipped with four 

rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed 

of 16 m/s. It will be operated over various rural and urban areas around Angola, IN, to enhance 

real estate listings, capture event areal video and photography, and related business operations.

UAS Operating Parameters 

We will abide by the following additional operating conditions under this exemption, which 

ensures a level of safety at least equal to existing rules: 

• Operate UAS below 300 feet and within a radius distance of 1000 feet from the controller 

to aid in direct line of sight visual observation; 

• Obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; we will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present an undue hazard; 

• Operate the UAS for 5-10 minutes per flight; 

• Land UAS prior to the manufacturer’s recommended minimum level of battery power; 

• Operate UAS during daylight hours only within visual line of sight (VLOS); 
• Use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers 

and then slowly lands if communication with the remote control pilot is lost; 

• Conduct all operations under the flight safety protocols (including posting a warning sign 

 reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained 

in the operating documents and will actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols; 

• Contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information; 

• Always obtain all necessary permissions prior to operation; have procedures in place to 

abort flights in the event of safety breaches or potential danger; 

• Only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in 

“yellow” on VFR charts and through obtaining information regarding congested areas 

from the local Flight Standards District Office (FSDO); 

• Conduct extensive preflight inspections and protocols, during which safety carries 

primary importance (reference PHANTOM Flying Flow Chart and User Manual). 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, we feel an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) 

(Certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-

95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two-inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering 

by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will 

see the markings. 

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation, this 

regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. 

However, as a safety precaution we will perform a preflight inspection of the UAS before each 

flight as outlined in the attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and given its size, 

this regulation is inapplicable. We believe an equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil 
aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will 

not operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only 

operate in safe areas away from the public and traffic, thus “providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes.” Given the size, weight, 

maneuverability, and speed of the UAS, an equivalent or higher level of safety will be achieved. 

We request an exemption from § 91.121 Altimeter settings, as it is inapplicable since the UAS 

utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions. The 

UAV is 100% electric and two low battery alerts are issued - per the operating documents, the 

UAV will be landed at the first alert. Also, our flights will last only 5-10 minutes each, and the 

UAS has an automated function, which results in immediate landing when a low battery is 

detected. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming 

normal cruising speed, land the UA with 30% battery power remaining. 

Community Interest

Aerial photography and videography for real estate and events are proven strategies to augment 

marketing efforts and rise business success. The industry is not new. However, until recently it 

was conducted through the use of costly manned aircraft, a unaffordable business activity for 

small companies. By granting this exemption I would be able to provide affordable services.

Additional, the small UAS will pose no danger to bystanders given its lack of combustible fuel 

and small size compared to larger manned aircraft. Furthermore, the operation of our UAS will 

minimize harm to the environment economic growth by providing information to companies and 

the public looking to relocate or build in the surrounding areas Tiny T Photography serves. 

Private and public events contracted by our business develop liveliness and add culture to the 

community and its citizens. 

Summary

We will comply with all of the following conditions and limitations should this exemption be 

provided: 

1) Operations will be limited to the following aircraft described in the operating documents, 

which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System. 

2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), 

All altitudes reported to ATC must be in feet AGL. 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at 

all times. 

5) All operations will utilize a visual observer (VO). The UA will be operated within the visual 
line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate 

verbally at all times. The PIC will be designated before the flight and will not transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the 

functions prescribed in the operating documents. 

6) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the 

Administrator upon request. 

7) Prior to each flight, the PIC will 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 UAS will not be 

operated until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station will be included in the preflight inspection. 

All maintenance and alterations will be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test 

flight. The PIC who conducts the functional test flight will make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in accordance 

with the operating documents. Maintenance, inspection, and alterations will be noted in the 

aircraft records, including total flight hours, description of work accomplished, and the signature 

of the authorized person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

14) UAS operations will be conducted by a PIC possessing at least a private pilot certificate and 

at least a current third-class medical certificate. The PIC will 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. 

15) Prior to operations conducted for the purpose of aerial videography/photography and for real 

estate listing videos and public and private events and similar operations, the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours 

of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. 

16) Prior to operations conducted for the purpose of aerial videography/photography and for real 
estate listing videos and public and private events and similar operations, the PIC will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as 

UAS pilot operating the make and model of the UAS to be used in operations. The PIC will 

accomplish 3 take-offs and landings in the preceding 90 days. 

17) The PIC will not operate the UAS for the purpose of aerial videography/photography and for 

real estate listing videos and public and private events and similar operations, unless the PIC has 

demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely 

operate the UAS in a manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations 

will be conducted under visual meteorological conditions (VMC). 

19) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart. 

20) The UA will 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. 

21) If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23) The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land the 

UA with 30% battery power remaining. 

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to Air-man 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 

25) Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will be 

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

27) The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

28) The UAS will not be operated by the PIC from any moving device or vehicle. 
29) The UA will not be operated over congested or densely populated areas. 

30) Flight operations will 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. We will 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 and/or; 

b) The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission 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, and; 

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

31) All operations will be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted. 

32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov. 

Accordingly, I respectfully request that the FAA grant the requested exemption with the 

information provided. Shall you have any further questions or need additional information, 

please contact me at the information below.

Thank you,

Brett A. Steele

Owner

Tiny T Photography

6132 E 100 N

Angola, IN 46703

brett@tinytphotography.com

(260) 316-5479