January 28, 2016

William A. Fine

PO BOX 144 

Wolcott, VT 05680

802-272-6205

william.fine@hotmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

Washington D.C. 20590

Subject: Exemption Request to Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, 

45.27(a), 45.29 (3)(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.121, 

91.203, 91.151 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 and 14 C.F.R. Part 11, I, William A. Fine, a licensed Commercial 

Pilot and photographer, hereby applies for an exemption from the Code 

of Federal Regulations (C.F.R), Federal Aviation Regulations (FARs) 

identified, to allow commercial operation of lightweight Unmanned 

Aircraft Systems (UAS) for aerial imaging and video. This exemption is 

made based on information outlined in this petition, to allow commercial 

operation of a DJI Phantom 3 Professional multi-rotor equipped with a 

three-axis gimbaled camera, so long as operations are conducted within 

and under the conditions outlined herein or as may be established by the 

Federal Aviation Administration (FAA) as required by 333. 

1. Types of Operations 
The requested exemption would permit the operation of small, 

unmanned multirotor aircraft under controlled conditions to provide the 

following services to the community; 

a. Real Estate photography

b. Aerial Survey

c. Aerial Photo/video

d. Promotional advertising material 

e. Inspections of real estate properties 

f. Public entity support operations 

g. Precision agriculture aerial surveying 

h. Communications infrastructure inspection/monitoring 

i. Wildlife and forestry monitoring

j. Pipeline inspection and patrolling

k. Construction site inspection and monitoring 

l. News media coverage 

This exemption would permit operation of an ultra-light weight, 

unmanned (piloted by remote control) in predetermined areas away from 

the general public, airports, heliports, and vehicular traffic. Operations 

would be conducted within federal guidelines, by a FAA Licensed 

Commercial Pilot with the assistance of an Observer. Operations would 

be conducted after carefully reviewing, inspecting, and examining the 

area of aerial operation to ensure the safety of persons and property. 

2. REQUESTED RELIEF 

I am requesting a grant of exemption of the following sections of Title 

14 of the Code of Federal Regulations: 

14 CFR 21;

14 CFR 91, et seq;
14 CFR 45.23 (b);

14 CFR 61.113 (a) & (b); 14 CFR 407 (a)(1);

14 CFR 409 (a)(2);

14 CFR 417 (a) & (b). 

I am also requesting an Exemption from Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations for the following: 

14 CFR 45.23 (b);

14 CFR Part 21;

14 CFR 61.113 (a) & (b); 91.7 (a);

91.9 (b) (2);

91.103 (b);

91.119;

91.121;

91.151 (a);

91.203 (a) & (b);

91.405 (a);

91.407 (a) (1);

91409 (a) (2);

91.417 (a) & (b). 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 91.7 (a) 

14 CFR § 91.203 Given the size, weight, speed, and limited operating 

area associated with the UAS aircraft to be utilized, I am asking 

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 under14 CFR Part 11 and Section 333 of 

the Reform Act. 

The Federal Aviation Act U.S.C. 44701 (f) and 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 UAS. In all cases, an analysis of these criteria 

demonstrated that the UAS operated without an airworthiness certificate, 

in the restricted environment and under 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. I request an exemption from 14 

CFR 91.7 (a) Civil Aircraft Airworthiness. 

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

Furthermore I request an exemption from §45.23 Marking of the aircraft 

because my UAS will not have a cabin, cockpit or pilot station on which 

to mark certain words or phrases. Additionally two -inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than 

the minimal lettering requirement. 

Even though the UAS will have no airworthiness certificate, an 

exemption may be needed. The word “Experimental” could be placed on 

the UAS to comply with 45.29 (f) in a size suitable for the available 

space. The UAS is equipped with LED lights to aid in visibility. 

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

An exemption to the part will be needed since there is nowhere to place 

a copy of a flight manual on board the UAS. 

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action 

This requires each PIC to take certain actions before flight to insure 

safety of flight. There is no approved flight manual, however the PIC 

will take actions prior to flight by reviewing the weather, flight battery 

requirements, and ensuring there is a safe location to

land and depart so as not to cause undue hazard to people or property on 

the ground. The manufactures manual will be used prior to flight to 

ensure safety. 
14 CFR 91.119: Minimum Safe Altitudes 

Due to the limitation that operations be conducted at or below 400 feet 

AGL, an exemption will be necessary to meet 91.119. The typical UAS 

flight will be operated as follows: 

1) Operate the UAS for 10-15 minutes per flight, land my UAS 

according to the manufacturer’s recommended minimum level of battery 

power.

2) Operate my UAS only within visual line of sight (VLOS).

3) Always obtain all necessary permissions prior to operation. 

4) Procedures in place to abort flights in the event of safety breaches or 

potential danger. 

14 CFR 91.121: Altimeter Setting 

The UAS is not equipped with an altimeter setting device. GPS will be 

used on board the UAS to determine altitude by reference to the ground 

(AGL). 

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions 

An exemption from 91.151 will be necessary as the normal flight time 

will only be 10- 15 minutes. The UAS is fueled by battery power and a 

long duration flight is not possible. Also since all flights will be 

conducted Line of Sight (LOS), this requirement is not applicable. 

14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance 

Inspections 

These regulations require the owner/operator to have the aircraft 

inspected as prescribed in subpart E of this part. An equivalent level of 

safety will be maintained because of the small size and limitations of 

this UAS. Maintenance will be accomplished by the operator pursuant to 

the owners manual. The operator will ensure that the UAS is in proper 

working order prior to each flight, perform necessary maintenance, and 
keep a log of maintenance. The operator is the person most familiar with 

the UASs operation and is best suited to maintain in an airworthy 

condition to provide equivalent level of safety. 

3. Commercial and Public Benefits 

Granting this exemption will by provide a safe (by way of a unmanned 

system) and efficient means to meet technical problems solvable by 

elevated data collection instruments. Our typical customer base is small 

to medium size business and individuals who would be unable to acquire 

this service by manned aircraft due to it being cost prohibited. By 

moving these functions to UAS based aircraft not only can more people 

benefit from this service but it will reduce aircraft noise, pollution, 

reduce airport congestion. 

In addition, it will reduce the amount of people and property exposed to 

the hazards of a manned aircraft flying at low altitude with the potential 

for catastrophic results. There are no combustibles on-board the UAS, 

thus eliminating the risk of explosion and fire due to a crash. The 

operation of this UAS will minimize ecological damage and promote 

economic growth by providing information to companies in the area that 

would otherwise be unavailable. Additionally, this system would 

eliminate a distraction to air traffic controllers who must monitor an 

aircraft that usually wants' to take pictures in the "wrong place at the 

wrong time" thus reducing workload on ATC. 

The use of UAS, would allow these services to be provided and thus 

benefit both the community and aviation by: 

1. Providing a lower cost to the individual needing these services. 

2. Zero emissions from the UAS.

3. Reduced noise over an aircraft.

4. Reduced hazard to people or property on the ground. 

The use of a UAV will provide a level of safety at least equal to existing 

rules and will only be operated in a safe environment that is strictly 
controlled. Operations will only be conducted after a careful review of 

the area and weather conditions. Safety is the number one priority. 

4. SUMMARY 

Granting this exemption is a "win- win" situation for individuals in need 

of this service. The community benefits from reduced pollution and 

noise. The economy benefits by the creation jobs for small businesses. 

The consumer benefits from reducing the cost of this service. The FAA 

benefits by regulating the use of UASs so that safety and accountability 

can be maintained and monitored. 

Approval of exemptions allowing commercial operations of UASs in the 

media will enhance safety by reducing risk associated with conventional 

aircraft operations. The operation of UASs weighting less than 55lbs by 

a certified pilot will enhance safety to the community increase awareness 

of properly flown UASs, eliminate the risk of collision with aircraft 

operating in the airspace and around airports and provide jobs. 

Please do not hesitate to contact me if you have any questions or 

concerns. Sincerely, 

William A. Fine

PO BOX 144 

Wolcott, VT 05680

802-272-6205

william.fine@hotmail.com