September 22, 2015

U.S. Department of Transportation

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590

Petition of Drone 1 Aerial Photography for exemption pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 

91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 

91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 

91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Lance H. 

Hughes., owner of Drone 1 Aerial Photography, hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as established by the FAA required by 

Section 333, for all operators of small Unmanned Aerial Systems (UAS) (Phantom 3, Inspire 1) working 

for Drone 1 Aerial Photography.

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors,

the Phantom 3 or Inspire 1 would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

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

events, and film/cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

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

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

government has requested it by contract or donation.

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

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

provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to " .... establish requirements for the safe 

operation of such aircraft systems in the national airspace system."
Applicant Information:

COMPANY: Drone 1 Aerial Photography

OWNER: Lance H. Hughes

PHONE: 541-521-7818

EMAIL: drone1aerialphotography@gmail.com

ADDRESS: 1069 Throne Dr. Eugene, OR. 97402

Regulations from which exemption is requested:

14 CFR Part 21 subpart H; 14 CFR 45.23 (b); 14 CFR 61.113(a); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 

CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b).

The small UAS's I will be using are multi-rotor craft (Phantom 3 / Inspire 1) weighing no more than 10lbs. 

including payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots 

and have the ability hover and move along a vertical and horizontal plane simultaneously. They will 

operate in line of sight only and by the exempted persons only obeying all other local and federal laws.

Given the small size of the UAV (Phantom 3 and Inspire 1) and the controlled environment provided the 

proposed operations will adhere to the Reform Act's safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited to 

reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly 

I request that the FAA grant my requested exemption with minimal delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed offer an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property versus using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1. The small UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 15% 

battery power remaining. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not 

more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) when needed and may include but not limited to a Camera Operator. 
6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight 

consisting of all the days' production activities. 

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the 

radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required 

under the FOM. With the advanced permission or direction of the FSDO, operations at closer range may 

be approved. 

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information 

for the particular small UAS to be operated and will be able to show upon request their competent 

ability to operate the small UAS and/or Camera. 

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other appropriate governmental agencies when needed. 

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to 

return to a pre-determined location within a designated location and land autonomously. 

12. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H 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 

small UAS. In all cases, an analysis of these criteria demonstrates that the small 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. The small UAS to be operated 

hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the small UAS, due to its size, speed of operation, location of operation, lack 

of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the 

small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" 

can be placed. Given the size of the small UAS, two-inch lettering will be impossible. The word 

"Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the small UAS marked on its fuselage as required by §45.29 (f) where 

the pilot, observer and others working with the small UAS will see the identification of the small UAS as 

"Experimental."

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS 

do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 

61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks 

attendant to the operation of small UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to 

the safe operation of the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklists prior to each flight an equivalent level of safety will be 

provided.

14 C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. The small UAS, given its size and configuration has 

no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground control point where the 

pilot flying the small UAS will have immediate access to it.
14 C.F.R. § 91.103: Preflight Action.

This regulation requires the pilot in command to take actions before a flight to insure the safety of the 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. The OPERATOR will take all actions including reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 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. Small UAS and

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box (transmitter) 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. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 

400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the small UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more 

than 100' above the highest point on the structure. It will however be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the 

small UAS as well as the location where it is operated. No flight will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the small UAV (Phantom 3 / Inspire 1) will ensure separation between these 

uav operations and the operations of conventional aircraft complying with Section 91.119.
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 small UAS 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 safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Applicant requests exemption from §91.515(a) Fuel requirements for flight in VFR conditions: the DJI 

Phantom 3 and Inspire 1 are 100% electric and have low battery alerts that sound per the operating 

documents the UAV will be landed when low battery alert sounds. The PIC will not begin a flight if 

weather conditions could jeopardize the safety of the flight. The UAV (Phantom 3 / Inspire 1) will be 

landed at the low battery alarm (15%) battery power remaining.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

Applicant requests exemption of these regulations as the small UAV (Phantom 3 / Inspire 1) fully loaded 

weighs no more than 10 lbs. and is operated without an on board pilot. As such, there is no ability or 

place to carry certification and registration documents or to display them on the small UAS. An 

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

where the pilot flying the small UAS will have immediate access to them; to the extent they are 

applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "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 ... ," 

and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because these small UAVs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical issues arise the small UAV can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.
An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual

(AOM}. The operator will ensure that the small UAS is in working order prior to initiating flight and 

perform required maintenance needed.

Small UAS Information

1. DJI Phantom 3 (Professional)

The Phantom 3 is a quadcopter with a gross weight of 2.8 pounds. It is equipped with 

four rotors that are driven by electric motors powered by a battery. The quadcopter has a 

maximum airspeed of 16 m/s. Flight times will be limited to approximately 15 minutes with 

landings at or before 15% battery power remaining.

2. DJI Inspire 1

The Inspire 1 is a quadcopter with a gross weight of 6.5 pounds. It is equipped with four 

rotors that are driven by electric motors powered by a battery. The quadcopter has a maximum 

airspeed of 22 m/s. Flight times will be limited to approximately 15 minutes with landings at or 

before 15% battery power remaining.

If you have any questions or need additional information please contact me at

541-521-7818

Thank you,

Lance H. Hughes

Owner

Drone 1 Aerial Photography