Thomas Sevigny

142 Central Ave.

Dover, NH 03820

U.S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington DC 20590

Re: 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) 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(c); 14 CFR 91.121; 14 C.F.R 

91.145(b); 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)(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 (the “Reform Act”) and 14 CFR Part 11.

To Whom it May concern:

I, Thomas Sevigny, operator of an Unmanned Aircraft System (UAS), DJI Phantom 2, hereby applies 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. Commercial operation of an UAS, as 

described herein, which are equipped with camera(s) and sensors, would operate in the following 

manner: 

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

surveying, engineering and other related professional activities. 

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

events, cinematography, and news gathering. 

• Aerial inspection/photography of residential/commercial structures under contract with the owners or 

local government authority. 

• 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 a 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.”

The name and address of the applicant is: 
Thomas Sevigny

Attn: Thomas Sevigny

Address: 142 Central Ave. Dover, NH 03820

Ph: 603-235-3628

Email: tjsevigny@gmail.com

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

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 C.F.R 91.145(b) 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) 

Thomas Sevigny will operate the DJI Phantom 2, with a total weight of 1000g or 2.2 lbs. The dimensions 

are 14.6 inch x 8.3 inch x 13.2 inch. Under still air the maximum speed is no more than 15 m/s or 33 

mph with a cruising speed of 7m/s or 16 mph. The DJI Inspire 1 has the ability to hover and move along a 

vertical and horizontal plane simultaneously. The DJI Phantom 2 has four motors, Motor Model DJI 

3510, powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers. 

The DJI Phantom 2 will be controlled with the C1 remote controller with an operating frequency of 

2.400GHz – 2.483GHz. The live video feed will have an operating frequency of 5.728GHz – 5.850GHz. 

The applicant will operate the UAS in line of sight within a closed off and predetermined area owned 

and/operated by the property representative. The DJI phantom 2 has an app called The DJI Pilot App 

which allows the Pilot to monitor all aspects of the flight on the HUD. Attached along with this 

exemption request are all of the necessary documents and safety features of the DJI Phantom 2. 

Given the size of the UAS 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. With respect to 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 the applicant requests that the FAA 

grant the requested exemption promptly.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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

further enhance the safety of the persons and/or property 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: 
• The UAS will weigh less than 55 lbs. 

• The UAS will have a maximum operating speed of no more than 50mph. 

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). 

• Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 30% 

battery power reserve or 30 minutes of flight time whichever occurs first. 

• Flights will be operated at an altitude of no more than 200 feet Above Ground Level (AGL).

• Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may 

include but not limited to a Camera Operator. 

• Thomas Sevigny will be the only designated Pilot in Command (PIC). He has more than 40 hours of 

training with the UAS. Ongoing education and training will be instituted.

• A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting 

of all the days’ production activities. 

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. In addition, an 

anemometer will be used prior to flight to measure wind speed, and atmospheric pressure in current 

flight location. 

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport. 

• If operations will be within a 5 mile radius of the geographic center/ Airport Reference Point (ARP) of a 

tower controlled or uncontrolled airport the respective airports will be contacted advising them of the 

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

• The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but 

no less than 48 hours from planned operation. 

• The operator 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 of the FSDO, operations at closer range may be 

approved. 

• The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the 

particular UAS to be operated. 

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

• 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. 

• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the 

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

UAS. In all cases, an analysis of these criteria demonstrates that the 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 UAS to be operated hereunder is less than 55 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. The FAA will have advance notice of all operations. 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 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," "lightsport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the 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 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the UAS will see the identification of the UAS as “Experimental.” 

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. Thomas 

Sevigny may achieve an equivalent level of safety as achieved by current Regulations because the 

applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation 

of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC 

of the UAS will have a Private Pilot’s License along with a minimum of 50 hours of flight time which 

exceed the safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations set 

forth in the FOM will equate to the safe operation of the 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 check lists prior to each flight an equivalent level of safety will be 

provided. Prop locks have been issued for this aircraft so the possibility of a prop flying off mid flight is

inevitable which also achieves a higher safety factor. 

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 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 UAS will have immediate access to it. If for some reason the Pilot forgets the flight manual, The DJI 

Pilot app has all documentation indicated in the hard copy manual, electronically built into the 

application on your smart phone or tablet. 

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

will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures 

including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. Before the aircraft takes flight, a 

home GPS location will be set for any reason the aircraft becomes disoriented in flight, and return safely 

to home. 

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. 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 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 UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 200 

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 UAS will never operate at higher than 200 

AGL. It also may be operated over open water close to shore keeping a distance of 500 feet as indicated 

in Section 91.119 (c). The equivalent level of safety will be achieved given the size, weight, speed of the 

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 lowaltitude operations of the UAS will ensure separation between these UAS operations and the operations 

of conventional aircraft that must comply 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 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. The DJI Inspire 1 uses DJI Vision Positioning. It is a 

positioning system that uses ultrasonic and image data to help the aircraft identify its current position. 

With the help of Vision Positioning, the Inspire 1 can hover in place more precisely and fly indoors or in 

other environments where there is no GPS signal available. The main components of DJI Vision 

Positioning are located on the bottom which include two sonar sensors and one monocular camera. This 

provides an significant level of safety. 

14 C.F.R §91.145(b) Management of aircraft operations in the vicinity of aerial demonstrations and 

major sporting events 

CFR 91.145 states: 
(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major 

sporting event not listed in paragraph (a) of this section, the FAA considers the following factors:

(1) Area where the event will be held. 

(2) Effect flight restrictions will have on known aircraft operations. 

(3) Any existing ATC airspace traffic management restrictions. 

(4) Estimated duration of the event. 

(5) Degree of public interest. 

(6) Number of spectators. 

(7) Provisions for spectator safety. 

(8) Number and types of participating aircraft. 

(9) Use of mixed high and low performance aircraft. 

(10) Impact on non-participating aircraft. 

(11) Weather minimums.

(12) Emergency procedures that will be in effect. 

If Thomas Sevigny intends to use the UAS to cover sporting events from outside the activity, 

coordination will be completed by contacting the FSDO prior to the event to ascertain the presence of 

any other unmanned activities. Flight activity will be conducted based on safety and with particular 

attention to the avoidance of overflight of large concentrations of people. However, specific relief from 

this regulation is still necessary to ensure compliance with FARs.

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.” The battery powering the UAS 

provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations 

on the UAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant 

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating 

the UAS, in a tightly controlled area where only people and property owners or official representatives 

who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender 

the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small 

UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 30% of battery power— whichever happens first. This restriction would 
be more than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area. 

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

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a 

civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. 

. . . (b) 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 UAS fully loaded weighs no more than 55 

lbs. and is 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 UAS. An equivalent level of safety will be achieved 

by keeping these documents at the ground control point where the pilot flying the UAS will have 

immediate access to them, to the extent they are applicable to the UAS. Again if Pilot forgets 

documents, all documents can be achieved via the DJI Pilot App. 

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 the UAS is very limited in 

size and will carry a small payload and operate only in restricted areas for a limited period of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no higher than 200

feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Most importantly, 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 UAS Manufacturer's User 

Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to 

initiating flight and perform required maintenance needed. 

Additional Information

The applicant Thomas Sevigny has has logged more than 100 hours on the Inspire 1 between the built in 

flight simulator on the DJI pilot app that simulates the true functionality of the aircraft to authentic 

flying in real life scenarios. Thomas Sevigny is a certified fire firefighter and has an in-depth 

understanding of the capabilities and safety concerns involved in using this technology as an asset to the 

community. The technology can be used in such a way that it benefits the community as a whole and 

can educate future pilots in a safe environment. The satisfaction of criteria provided in Section 333 of 

the Reform Act of 2012 provides a level of safety that should be satisfactory to the FAA and general 

public. In view of the beneficial advantages to public safety, I respectfully submit my Section 333 

exemption request for allowing the commercial operation of the applicant’s UAS. 
Sincerely, 

Thomas Sevigny

Attn: Thomas Sevigny

142 Central Ave.

Dover, NH 03820

tjsevigny@gmail.com