August 26th, 2015 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam, 

I am writing concerning the FAA Modernization and Reform Act of 2012 (the "Reform Act") and the 

procedures contained in 14 C.F.R. 11. 

I hereby request that Dusan Harminc D.B.A. Stumptown Media hereinafter referred to as “Stumptown 

Media” be exempted from the Federal Aviation Regulations ("FARs") listed below so that Stumptown 

Media may operate its small unmanned aerial vehicles (“UAVs”) in commercial airspace regulated by the 

Federal Aviation Administration. 

Primary uses will be low altitude aerial photography and video footage for educational, agricultural, 

research, promotional, safety inspection, entertainment, and marketing purposes using the DJI Inspire 1, 

and Phantom 3 Professional UAVs. 

Dusan Harminc has been doing business as Stumptown Media as a Producer, Director and Camera 

Operator since 2003. In that time, safety has always been a primary concern and Stumptown Media has 

never had an accident, injury or any other safety incident of any kind. 

Stumptown Media intends to continue this record of safety when utilizing UAVs, take every measure 

possible to insure safe flight, contract experienced pilots as PICs, have a dedicated Visual Observer on 

each flight, secure permission from any people being filmed and property owners/ administrators above 

which flights take place, adhere to all FAA rules and regulations as well as any conditions set in the 333 

exemption. 

For the reasons stated below, Stumptown Media respectfully requests a grant of an exemption. 

Best Regards, 

Dusan Harminc 

d.b.a. Stumptown Media 

08/26/2015 
Table of Contents: 

1. Contact Information 

2. Proposed UAVs to be used 

3. Proposed Commercial Use 

4. Increased Safety and Public Interest 

5. Compliance with FAA Rules and Restrictions 

6. Privacy 

7. National Security 

8. Specific Sections of Title 14 from which exemption is sought 

9. Qualification for Approval 

10. User Manuals with features for proposed UAVs 

11. Summary 

1. Contact Information: 

Dusan Harminc 

d.b.a. Stumptown Media 

1254 Van Buren Avenue 

Saint Paul, MN 55104 

(608) 698-3326 

e-mail: support@stumptownmedia.com 

2. Proposed UAVs to be used 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 

C.F.R. Part 11 Stumptown Media hereby seeks an exemption from the Federal Aviation Regulations 

detailed below for use with the following UAVs: 

A. UAV Model 1: DJI Inspire 1 

A lightweight UAV with a 7.5 lb. gross weight including all onboard equipment, to be used with a 3 

person ground team: 

- A Qualified Pilot in Command controlling the UAV, 

- A Visual Observer providing additional safety 

- A Gimbal/ Camera operator using a separate controller from the PIC to control the camera only 

Please see attached Exhibit 1- The DJI User Manual 

B. UAV Model 2: DJI Phantom 3 Professional 

A lightweight UAV with a 4.5 lb. gross weight including all onboard equipment, to be used with a 2 

person ground team: 

- A qualified Pilot in Command controlling all aspects of the UAV, 

- A Visual Observer providing additional safety 

Please see attached Exhibit 2- The DJI Phantom 3 Professional User Manual 
3. Proposed Commercial Use 

The proposed commercial uses Stumptown Media would like to conduct using the mentioned UAVs will 

be low altitude aerial photography and video footage for educational, agricultural, real estate, research, 

promotional, safety inspection, entertainment, and marketing purposes. 

Stumptown Media believes this application is similar to other previously granted 333 exemptions to 

companies in the same field as Stumptown Media and that the grant of this exemption to Stumptown 

Media is in the Public Interest. 

4. Increased Safety and Public Interest 

Stumptown Media believes UAVs are safer than full scale helicopters traditionally used for the types of 

commercial uses being suggested in this request. Their light gross weight, battery operation (lack of 

combustible fuels), maneuverability, limitation to flights under 400 feet AGL and operation without people 

on board all increase the overall level of safety in the National Airspace System. 

In addition the proposed use for building safety inspections at construction sites at a more competitive 

price point than traditionally available using helicopters will increase the overall use of such safety 

procedures as well as minimize the number of accidents and fatalities occurring with helicopter or climber 

inspection teams in the construction industry. The reasons mentioned above combined with 

environmental advantages of UAVs to use of helicopters, make the grant of this exception in the public 

interest. 

Additionally, the progression of the Arts and Sciences has been fundamental to our society since its 

inclusion in the United States Constitution. Stumptown Media believes that Congress mandated the 

integration of UASs into our national airspace system, in part, to achieve progression in this field and 

Stumptown Media’s interest in aerial data capture will benefit the public as a whole by including our 

content in various Art and Science related projects. 

5. Compliance with FAA Rules and Restrictions 

Stumptown Media considers safety and compliance with all applicable FAA Rules and Restrictions of 

upmost importance. In addition to following all rules dictated by N.8900.227 and any Restrictions, 

Conditions and Limitations set forth by the potential 333 exemption Stumptown Media seeks with this 

request, Stumptown Media also plans to follow the development of new laws and regulations and 

continually keep up with the changes in this field. 

6. Privacy

All proposed uses will occur over public or controlled access property with the property owner’s or 

administrator’s prior consent and knowledge. 
7. National Security

No national security issue will be raised by the grant of this exemption. Given the size, load carrying 

capacity, speed at which they operates, and the fact that they carry no explosives or other dangerous 

materials, the UAVs proposed for use pose no threat to national security. 

 

8. Specific Sections of Title 14 from which Stumptown Media requests exemption 

Stumptown Media hereby respectfully requests exemption from the following regulations as well as any 

additional regulations that may apply to operating the abovementioned UAVs for the abovementioned 

commercial purposes: 

I. 14 C.F.R. Part 21, Subpart H and 14 C.F.R. §91.203(a)(1) 

II. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a) 

III. 14 C.F.R. § 61.113 (a) and (b) 

IV. 14 C.F.R. § 91.9(B)(2) 

V. 14 C.F.R. § 91.7(a) 

VI. 14 C.F.R. § 91.103 

VII. 14 C.F.R. § 91.109(a) 

VIII. 14 C.F.R. § 91.119 

IX. 14 C.F.R. § 91.121 

X. 14 C.F.R. § 91.151(a) 

XI. 14 C.F.R. §§ 91.203(a) and (b) 

XII. 14 C.F.R. §§ 91.405(a)(l); 91.407(a)(l); 91.409(a)(l); 91.417(a) and (b) 

 

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

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

Stumptown Media, 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 

aircraft. 

In all cases, an analysis of these criteria demonstrates that the UAVs 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 UAVs to be operated hereunder are less than 55 lbs. fully loaded, carry neither a pilot 

nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively 

within a 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 proposed UAVs, due to their size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external loads. 

II. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements 

This petition seeks an exemption from the aircraft marking and identification requirements of14 

C.P.R. §§ 91.9(c), 45.23(b), and 45.27(a). 

Exemption from § 45.23(b) is needed because the proposed UAVs have no entrance to the cabin, 

cockpit or pilot station where the registration number would be placed. Given the size of the UAVs 2 

inch lettering is also impossible. 

Because of the nature of the relief sought by this exemption request, Stumptown Media requires relief 

from the associated marking and identification requirements of§ 45.27(a) and § 91.9(c), which would 

require compliance with§ 45.23(b). 

An equivalent level of safety will be achieved by Stumptown Media by marking the fuselage as 

required by § 45.29(f) where the pilot, observer, and others working with the UAV will see the 

identification of the UAV as "Experimental." 

Stumptown Media will also ensure compliance with any additional requests of UAV marking by the 

FAA. 

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

Pursuant to 14 CFR § 61.113 (a) & (b), 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. 

The proposed UAV uses can achieve an equivalent level of safety as achieved by current 

Regulations because Stumptown Media’s UAVs do not carry any pilots, passengers or property. 

The risks attendant to the operation of suggested UAVs is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAVs will be, a qualified 

experienced Pilot and it is believed that the operation and limitations set forth in the operations 

manuals will equate to the safe operation of the UAVs proposed for use. 
IV. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft 

An exemption from 14 C.F.R. § 91.9(B)(2) is hereby requested because the proposed UAVs, given 

their size and configuration have no ability or place to carry a flight manual on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot in command of the UAVs will have immediate access to them. 

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

This 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 UAVs for whose use we 

seek an exemption, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. 

Given the size of the UAVs and the requirements contained in the Manual for maintenance and use of 

safety checklists prior to each flight, an equivalent level of safety will be provided. 

VI. 14 C.F.R. § 91.103: Preflight Action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. 

Since FAA approved rotorcraft flight manuals will not be provided for the UAVs in question an 

exemption will be needed. Stumptown Media will achieve an equivalent level of safety by having the 

Pilot in Command take all actions as stated in the operations manual for normal procedures of 

the UAVs, including but not limited to reviewing weather, flight battery requirements, landing 

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

VII. 14 C.F.R. § 91.109(a): 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. 

The UAVs proposed for use via this exemption 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. 

Given the size and speed of the UAVs, an equivalent level of safe training can still be performed 

without dual controls because no pilot or passengers are aboard the UAVs, and all persons will be a 

safe distance away should the UAV experience any difficulties during flight instruction. 

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

This Section prescribes the minimum safe altitudes under which aircraft may not operate, including 

500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested 

areas. Section § 91.119(d)(l) allows for a helicopter to operate at less than those minimum altitudes 

when it can be operated "without hazard to persons or property on the surface," provided that "each 

person operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA. 

To achieve the intended uses for which this exemption is being sought, the UAVs, will need to be at 

times operated less than 500 feet away from persons, vessels, vehicles, or structures. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAVs 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 of the UAVs 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. Furthermore, by operating at lower altitudes, the UAVs will not interfere with other 

aircraft that are subject to the minimum safe altitude regulations. 

IX. 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. 

Since the UAVs proposed do not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption is requested. 

An equivalent level of safety will be achieved by following the procedures set forth in the UAVs 

Manuals. The operator will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. Prior to each flight, the PIC will reset the altimeter to zero and will fly the UAV below 400 

feet AGL. Additionally, the Pilot in Command will use the GPS altitude indicator to constantly monitor 

the UAV height, thus ensuring safe altitudes. 

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

Section 91.151 (a) 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. 
Since the battery powering the suggested UAVs lasts less than 30 minutes, an exemption from this 

requirement is requested. 

An equivalent level of safety will be achieved by limiting flights to 18 minutes or 30% of battery power, 

whichever happens first. This restriction would be more than adequate to return the UAV to its 

planned landing zone from any point within its planned operating area. Operation of the UAVs with 

less than 30 minutes of reserve power does not engender the type of risks that Section 91.151 (a) 

was intended to alleviate given the size and speed of the small UAVs. Additionally, all flights will be 

limited to controlled areas where permission to perform UAV services has been obtained and all 

concerned parties given notice. 

Stumptown Media believes that an exemption from 14 C.F.R.§91.151(a) falls within the scope 

of prior exemptions. 

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

This regulation provides in pertinent part: 

Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following: 

An appropriate and current airworthiness certificate. 

No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 

this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The UAVs proposed for use fully loaded weigh well under the 55-lb limit and are operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration documents or 

to display them on the UAVs. 

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

where the pilot in command of the UAV will have immediate access to them, to the extent they are 

applicable to the UAVs in question. 

XII. 14 C.F.R. § 91.405(a)(l); 91.407(a)(l); 91.409(a)(l); 91.417(a) and (b): Maintenance Inspections 

These regulations specify maintenance and inspection standards in reference to 14 C.F .R. Part 43. 

An exemption to these regulations is requested because Part 43 and the stated sections apply only to 

aircraft with an airworthiness certificate, which the UAVs proposed for use will not have. 

Equivalent level of safety will be achieved by maintenance and inspections that will be performed in 

accordance with the Aircraft Operations Manual. The Pilot in Command will ensure that the UAVs are 

in full working condition prior to every flight, oversee and assist in performance of required 

maintenance, and keep a log of maintenance performed. 
If mechanical issues arise, the UAVs can land immediately and will be operating from no higher than 

400 feet AGL. Moreover, the UAV's small size, carrying capacity, and the fact that flight operations 

will only take place in restricted areas for limited periods of time, create less risk than the same 

factors associated with conventional fixed-wing aircraft and rotorcraft performing the same operation. 

9. Qualification for approval under section 333 of the reform act 

A. Stumptown Media’s proposed usage does not create a hazard to users of the NAS or the 

public because of the reduced size, weight, speed and operational capability of the UAVs 

proposed for use. 

The proposed operations would permit use of small UAVs under controlled conditions in airspace that 

is limited, predetermined, has controlled access, and would pose an increased level of safety 

compared to what exists when the proposed services are completed by manned, full size aircraft. 

Stumptown Media’s UAVs weigh less than 50 pounds including payload. 

Stumptown Media’s UAVs operate at a speed of no more than 25 knots and have the capability to 

hover and move in vertical and horizontal planes simultaneously. Such operations insure that the 

proposed use will not create a hazard to users of the National Airspace System or the public given 

the small size of the UAVs involved and the environments within which they will be used. 

B. The Petitioner's Proposed Usage Does not Create a Hazard to Users of the NAS or the 

Public because the Operation of the UA V will be conducted in Controlled or Sterile Locations, 

Away from Airports and in Unpopulated Areas. 

Stumptown Media’s proposed usage does not create a hazard to users of the NAS or the public 

because the UAV's shall be flown on Private Property after permission is secured from the Landlord 

or Agent. 

All concerned parties will be given notice prior to the operations. 

C. The Petitioner's Proposed Usage Does not Create a Hazard to Users of the NAS or the 

Public because Operation of UAVs will be conducted within visual line of sight of the Pilot in 

Command or the Visual Observer at all Times. 

Stumptown Media will not utilize visual aids other than prescribed glasses or contact lenses. 

Stumptown Media’s will for each flight: 

- Determine the UAV's proximity to all aviation activities (and other hazards) 

- Exercise effective control of the UAVs 

- Prevent the UAV's from creating a collision hazard 

- Utilize a visual observer who will inform the Pilot in Command before losing sufficient 

visual contact with the UAVs 
D. The UAVs will remain below 400 AGL at all times during the proposed uses. 

Stumptown Media’s UAVs will not fly above 400 AGL at any time. 

Stumptown Media will take off, operate and land the UAVs from the ground level. 

10. User Manuals with features for proposed UAVs 

The user manuals and support documentation for the UAVs proposed for use are available on line via 

the links below. Stumptown Media intends to follow all Manufacturer Recommendations for use and 

maintenance. 

A. UAV Model 1: DJI Inspire 1 

User Manual: 

download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

Maintenance Manual: 

download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf 

Manufacturer Recommended Safety Guidelines: 

download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf 

Intelligent Flight Battery Safety Guidelines 

download.djiinnovations.com/downloads/inspire_1/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf 

B. UAV Model 2: DJI Phantom 3 Professional 

User Manual: 

download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en.pdf 

Manufacturer Recommended Safety Guidelines: 

download.dji-innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf 

Intelligent Flight Battery Safety Guidelines 

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines_en.pdf 
11. Summary 

Given the before mentioned and in accordance with language in Section 333 of the Reform Act, 

Stumptown Media hereby respectfully requests exemption from the following regulations as well as 

any additional regulations that may apply to operating the abovementioned UAVs for the 

abovementioned commercial purposes: 

I. 14 C.F.R. Part 21, Subpart H and 14 C.F.R. §91.203(a)(1) 

II. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a) 

III. 14 C.F.R. § 61.113 (a) and (b) 

IV. 14 C.F.R. § 91.9(B)(2) 

V. 14 C.F.R. § 91.7(a) 

VI. 14 C.F.R. § 91.103 

VII. 14 C.F.R. § 91.109(a) 

VIII. 14 C.F.R. § 91.119 

IX. 14 C.F.R. § 91.121 

X. 14 C.F.R. § 91.151(a) 

XI. 14 C.F.R. §§ 91.203(a) and (b) 

XII. 14 C.F.R. §§ 91.405(a)(l); 91.407(a)(l); 91.409(a)(l); 91.417(a) and (b) 

Please contact Dusan Harminc d.b.a. Stumptown Media at support@stumptownmedia.com or at 

608.698.3326 with any questions. 

Best Regards, 

Dusan Harminc 

d.b.a. Stumptown Media 

08/26/2015