August 03, 2015 

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., S.E. 

Washington, DC 20590 

RE: Petition of FlyteTime Aerial Images, LLC/Sirrah Media Group for Exemption pursuant 

to Section 333 of the FAA Reform Act 

Attn: To Whom it may concern 

This petition is being submitted pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 and 14 C.F.R. Part 11, FlyteTime Aerial Images/Sirrah Media Group hereby applies for 

an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our 

Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal 

Aviation Administration (FAA) so long as all operations are conducted with and under the conditions 

outlined and established by the FAA as required by Section 333.1. 

As described in detail below, FlyteTime Aerial Images/Sirrah Media Group requests an 

exemption to pursue its commercial interests in providing services to clients using the DJI 

PHANTOM 3Professional quadcopter unmanned aircraft system (UAS) for the limited purpose 

of conducting aerial photography and videography below 400 feet AGL and further than 5 miles 

from any airport or heliport, in order to safely and legally capture aerial photography and 

videography for use by owners of commercial and residential properties, building contractors 

and inspectors, developers, realty agents, marketing/aerial imagery and for the inspection and 

surveying of land for compensation or hire. FlyteTime Aerial Images/Sirrah Media Group will 

also offer at no charge aerial photo/video services to all first responders (including fire, police 

and rescue crews) if requested. 

Statutory Authority 

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. 

Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the (comprehensive) plan and 

rule making required by section 332(b)(1) of this Act or the guidance required by section 334of 

this Act. In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism 

for "expedited operation authorization" if several factors are met. Petitioner meets all 

requirements to permit FAA approval of commercial UAS operations. 

The petitioner requests relief from the following regulations: 

14 C.F.R 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 

14 C.F.R. 91.109 

14 C.F.R. 91.119 
14 C.F.R. 91.121 

14 C.F.R. 91.151 

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. (91.401-91.417) 

Unmanned Aircraft System 

sUAVs are frequently viewed as superior to helicopters due to being smaller in size, a reduction 

in cost (including operation and personnel), reduced noise and fuel pollution in addition to an 

overall reduction in safety. FlyteTime Aerial Images/Sirrah Media Group is petitioning for an 

exemption to operate UAV flights over private or controlled access property with the property 

owner’s consent and knowledge and that only people who have consented or otherwise have 

agreed to be in the area where photography/videography will take place in the following scopes: 

• Construction Photography/Videography 

 Real Estate Photography/Videography 

• Special Events Photography/Videography 

• Surveying and Inspections 

• Marketing and Aerial Imagery 

FlyteTime Aerial Images/Sirrah Media Group uses UASs that are multirotor, weighing less 

than 25 pounds including payload. They operate, under normal conditions, at speeds not to 

exceed 45 mph and have the capability to hover, and move in the vertical and horizontal plane. 

FlyteTime Aerial Images/Sirrah Media Group UASs will operate in line of sight, during 

daylight hours, and will only operate within a sterile area. The sUAS operated by the petitioner 

weighs less than 25 pounds, including all payloads (i.e. camera, lens, and stabilized gimbal). 

Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time 

to safely land the sUAS as the onboard flight controller will warn the pilot via telemetry and 

external lighting cues before reaching a low battery state. An automatic termination of flight and 

landing will be initiated when the battery reaches a predetermined low state and it is anticipated 

that flights will usually last less than 20 minutes. The sUAS will be programmed so it will not 

be operated at an altitude that exceeds 400 feet AGL, and not more than 200 feet above an 

elevated platform from which photography/videography is planned. 

The above specifications meet with the Model Aircraft Operating Standards and ensure that 

operations will insure that the sUAS will "not create a hazard to users of the national 

airspace system or the public." 

Preflight Action Plan 

The petitioner will follow a pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be revised as needed in order to ensure all known 

safety precautions and/or safety precautions suggested by the manufacturer are being 

accounted for. 
A. Pre-flight Inspection 

1. Check that the control items (remote control, aircraft battery and smartphone) are all fully 

charged. 

2. Verify that the propellers are mounted correctly with each propeller spinning completely 

onto the motor shaft. 

3. Check each rotor blade for hairline cracks. 

4. Verify that the landing gear is secure (not cracked/broken/loose). 

5. Verify that the Micro-SD card has been inserted and formatted. 

6. Remove the gimbal guard and camera lens cap. 

7. Verify that the camera is secure and clean. Inspect the camera ribbon cables for signs of 

wear or cuts/tears. 

8. Verify that the smartphone's/ tablet’s GPS is enabled and set the smartphone or tablet to 

do-not-disturb mode to prevent distractions while flying. 

9. Set the smartphone or tablet to forget any Wi-Fi networks in range in order to prevent the 

Wi-Fi connection from changing mid-flight. 

10. Verify that the smartphone/tablet’s audio is on to ensure the low battery warning and 

other alarms can be heard. 

B. Maintenance 

1. All sUAS’s will be maintained in accordance with inspection program specified in the 

manufacturer’s guidelines. 

2. In the event of an accident involving FlyteTime Aerial Images/Sirrah Media Group sUAS 

operations will be ceased immediately. 

Equipment 

The DJI Phantom 3 Professional is a proven consumer grade small rotorcraft in the quadcopter 

configuration with a documented weight of 1280g designed primarily to carry a high definition 

camera. It has a maximum ascent speed of 5m/s and a maximum descent speed of 3 m/s. It is 

powered by four electric motors with a distance between motors of less than 14 inches (350mm). 

It utilizes an internal global positioning system (GPS/GLONASS) to maintain its geospatial 

orientation and position. It is controlled primarily through an FCC certified radio control (RC) 

unit. Real time video and telemetry information is transmitted back to a ground control station 

allowing the operator to monitor battery level, GPS signal strength, altitude (AGL), distance 

from the operator, camera imagery, and control camera angle. It has failsafe modes of operation 

for either loss of RC or GPS signal. Altitude can be limited by the onboard flight controller and 

maximum altitude that will be preprogrammed by the operator. The remote control operates on a 

2,400 GHz-2.483 GHz operating frequency. 

Operations 

 Minimum crew for each operation will consist of the sUAS Pilot and Visual Observer. 

 All operations must occur in FAA Class G airspace at no more than 400ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC. 

 All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation. 
 Operations will be restricted to flights over private property with the permission of the 

property owner and abutters. 

 All-required-permits will be obtained from state and local government prior to operation. 

 FlyteTime Aerial Images/Sirrah Media Group will be operated within line of sight of the 

PIC and observer. 

 FlyteTime Aerial Images/Sirrah Media Group will not be operate over densely populated 

areas 

 FlyteTime Aerial Images/Sirrah Media Group will not be operating over heavily trafficked 

roads 

 FlyteTime Aerial Images/Sirrah Media Group will not be operating within 5 NM of an 

airport or heliport having an operational control tower. 

Intended UAS operation 

The "sUAVs), powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel. It operates at lower altitudes with no humans on board and 

will thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of 22 minutes, this 

is offers little or no risk to national security. Lower-level non-traditional photos and video from 

several angles are far more effective than ground based imagery for displaying the characteristics 

of large, complex properties with several buildings and large trees and other features. The 

benefits of reduced cost and improved quality of presentation from the sUAV will be valuable to 

and benefit many buyers and sellers of real property, construction companies, developers, 

inspectors and event marketers. Safety and compliance issues in the construction of buildings 

would now be verified in real time with the Phantoms (sUAV's) real time video and still imaging 

capabilities. 

Regards, 

Wilmark Harris 

FlyteTime Aerial Images/Sirrah Media Group

PO Box 724316 

Atlanta, GA 31139 

678.592.5856 

FlyteTimeAerial@gmail.com
Regulations from Which Exemption Is Requested 

FlyteTime Aerial Images/Sirrah Media Group requests an exemption from the following 

regulations as well as any additional regulations that may technically apply to the operation of 

the sUAV System: 

14-CF-H Part 2-1, Airworthiness-Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the DJI Phantom 3 professional under either or 

both of the following provisions: 

21.191 Experimental certificates

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance 

of type and supplemental type certificates, flights to substantiate major design changes, and 

flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA's light weight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 

14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing 

the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches-high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can 

be placed, and may not have a registration number assigned to it by the FAA. We propose to 
achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard 

on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual 

Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to 

see the designation. Additionally, we feel that the permanent placard discussed in the previous 

paragraph will provide the aircraft's registration information at the ground station. Finally, we 

will display at the ground station a high contrast flag or banner that contains the words 

“Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 3/4 NM of the ground station, the banner should be visible to anyone that 

observes the aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations 

The petitioner requests relief in order to facilitate the utilization of an experienced UAS operator 

with the addition of a trained observer. All pre-flight inspection, maintenance and flight logs 

will be saved and made available to the FAA and Secretary of Transportation (SoT) for review; 

with purpose of safely integrating civil UAS operation in the National Airspace System 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation 

is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System ground 

based control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during 

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

91 .119 Minimum safe altitudes: General 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS 

would be photography or survey of persons, vessels, vehicles or structures it would be necessary 

to operate closer than 500 feet to the items listed. Operations will only be flown over property or 

persons where permission has been obtained and careful pre-planned has been performed. The 
aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain that due to 

the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. In addition, the SUAS 

will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL. 

CFR 91.1 ~1 Altimeter settings 

The regulation requires that aircraft,shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL 

and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout. 

14 CFR 91.151- Fuel requirements for flight in VFR conditions 

The regulation provides that no person may begin a flight in an airplane under day-vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy 

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum 

duration of flight from a single battery charge is 12 minutes with a 20% reserve. Since the 

aircraft will never fly more than 3/4 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, 

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds, 

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of 

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.20.3, we propose that documents deemed appropriate for this aircraft by the FAA will be 

collocated with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23. 

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and 

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition 
conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC 

is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work 

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity 

of the aircraft, the PIC can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

FlyteTime Aerial Images/Sirrah Media Group will be using the UAS in a variety of applications 

that generally require expensive full-size manned aircraft to complete. Small, light, unmanned 

aerial vehicles offer multiple benefits over the use of full-sized manned aircraft for property and 

land inspection, construction and real estate assessment in addition to video and still photography 

to name a few. Replacing significantly larger manned aircraft carrying crew and flammable fuel 

with small UAS carrying no passengers or crew creates a much greater margin of safety for all 

involved. By granting FlyteTime Aerial Images/Sirrah Media Group the requested exemptions, 

the FAA will help drive development of safe and successful commercial UAS operations and 

will advance the public knowledge base for such operations. Thus, the FAA has good cause to 

grant this Petition. 

Conclusion 

As pointed out in this application, all the SUAs which our company would use, under 

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of 

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each flight 

within a radius of this distance. 

For the foregoing reasons, the exemptions requested herein should be granted and FlyteTime 

Aerial Images/Sirrah Media Group should be permitted to conduct small UAS operations in 

accordance with its manuals and all other operating parameters deemed necessary and 

appropriate by the FAA. The submission of this application and its contents is the best 

demonstration that indeed it is possible to pursue the authorization process so that some SUAs 

may be used for legitimate commercial activities and under reasonably safe conditions.