August 10, 2015 

U. S. Department of Transportation

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 

91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and 

{2}; 91.417{a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Sean Egan, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of 

Artwerks Creative LLC, 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. 

I would like to formally submit for an exemption from part 21, subpart H; and 

Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and 

(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14 CFR). This proposed exemption would allow the 

operation of unmanned aircraft systems (UAS) for the purpose of aerial 

videography and photography real estate purposes and events. 

Applicant:

Sean Egan

Owner

Artwerks Creative LLC

dba Artwerks Creative Media

1324 S. Salem

Mesa, AZ 85206

sean@artwerkscreative.com

(480) 246-9698
Commercial operation of an UAS, as described herein, which are equipped with 

camera and sensors, would operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real 

estate and other related professional activities.

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

and private events and cinematography.

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 responsibilities to “....establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” 

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar 

use of a PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 

Professional, Model W323, which is comprised of an unmanned aircraft (UA or 

Phantom), an attached 4K camera and a transportable ground station.

The PHANTOM 3 is a quad-copter with a gross weight of 2.8 pounds. It is 

equipped with four rotors that are driven by electric motors powered by batteries. 

The UA has a maximum airspeed of 16 m/s. It will be operated over various 

metropolitan areas, primarily within the metropolitan Phoenix, AZ area, to 

augment real estate listing videos, capture event areal video and photography, and 

related business operations. 

UAS Operating Parameters 

We will abide by the following additional operating conditions under this 

exemption, which ensures a level of safety at least equal to existing rules: 

 • operate UAS below 400 feet and within a radius distance of 1000 feet 

from the controller to aid in direct line of sight visual observation; 

 • obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any 

such vessels, vehicles or structures; we will conduct a safety assessment 

of the risk of operating closer to those objects and determine that it does 

not present an undue hazard; 

 • operate the UAS for 15-20 minutes per flight; 
 • land UAS prior to the manufacturer’s recommended minimum level of 

battery power; 

 • operate UAS during daylight hours only within visual line of sight 

(VLOS); 

 • use the UAS’ global positioning system (GPS) flight safety feature 

whereby it hovers and then 

slowly lands if communication with the remote control pilot is lost; 

 • conduct all operations under the flight safety protocols (including posting 

a warning sign 

reading: “Attention Aerial Photography in Progress – Remain Back 150 

feet”) contained in the operating documents and will actively analyze 

flight data and other sources of information to constantly update and 

enhance safety protocols; 

 • contact respective airports if operations will be within 5 miles to advise 

them of his estimated flight time, flight duration, elevation of flight and 

other pertinent information; 

 • always obtain all necessary permissions prior to operation; have 

procedures in place to abort flights in the event of safety breaches or 

potential danger; 

 • only operate in safe environments that are strictly controlled, are away 

from power lines, elevated lights, airports and densely populated areas 

(defined by areas depicted in “yellow” on VFR charts and through 

obtaining information regarding congested areas from the local Flight 

Standards District Office (FSDO); 

 • conduct extensive preflight inspections and protocols, during which safety 

carries primary importance (reference PHANTOM Flying Flow Chart and 

User Manual). 

Regarding UAS operational training, we have flown numerous practice 

flights in remote areas as hobbyists simulating flights for future 

commercial use to gain familiarization with the characteristics of the 

UAS’ performance under different temperature and weather conditions. 

Any PIC operating our UAS will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. The 
PIC will also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations. In addition 

to the hour requirements, the PIC will accomplish 3 take-offs and landings in the 

preceding 90 days (for currency purposes) prior to any flight. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, 

we feel an 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 under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA 

will not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Further, the two-inch lettering is difficult to place on such a small aircraft 

with dimensions smaller than the minimal lettering requirement. Regardless of 

this, we can mark the UAS in the largest possible lettering by placing the word 

“Experimental” on its fuselage as required by § 45.29(f) so that anyone will see 

the markings. 

We request an exemption from § 91.7(a) which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate 

applicable to our operation, this regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections since they only apply to aircraft with 

an airworthiness certificate. However, as a safety precaution we will perform a 

preflight inspection of the UAS before each flight as outlined in the attached 

operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight 

manual in the aircraft, however since there are no pilots or passengers on board 

the aircraft and given its size, this regulation is inapplicable. We believe an 

equivalent level of safety will be achieved by maintaining a safety/flight manual 

with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the 

operation of civil aircraft, but it allows helicopters to be operated at lower 

altitudes in certain conditions. We will not operate our UAS above the altitude of 

400 feet above ground level (AGL) and will also only operate in safe areas away 

from the public and traffic, thus “providing a level of safety at least equivalent to 

or below those in relation to minimum safe altitudes.” Given the size, weight, 
maneuverability, and speed of the UAS, an equivalent or higher level of safety 

will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable 

since the UAS utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR 

conditions.

The UAV is 100% electric and two low battery alerts are issued - per the 

operating documents, the UAV will be landed at the first alert. Also, our flights 

will last only 15-20 minutes each, and the UAS has an automated function, which 

results in immediate landing when a low battery is detected. The PIC will not 

begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal 

cruising speed, land the UA with 20% battery power remaining. 

Public Interest 

Aerial photography and videography for real estate and events are proven 

strategies to enhance marketing efforts and increase business success. The 

industry is not new. However, until recently it was conducted through the use of 

costly manned aircraft, a prohibitive business activity for small companies. By 

granting this exemption I would be able to provide affordable services. 

Further, the small UAS will pose no threat to the public given its small size and 

lack of combustible fuel when compared to larger manned aircraft. Additionally, 

the operation of our UAS will minimize harm to the environment. Public and 

private events serviced by our business enhance vibrancy and add culture to the 

community and its citizens. 

Summary 

We will comply with all of the following conditions and limitations should this 

exemption be provided:

1) Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 

Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of more than 400 feet above ground 

level (AGL), All altitudes reported to ATC must be in feet AGL.
4) The UA will be operated within visual line of sight (VLOS) of the Pilot In 

Command (PIC) at all times.

5) All operations will utilize a visual observer (VO). The UA will be operated 

within the visual line of sight (VLOS) of the VO at all times. The VO and PIC 

will be able to communicate verbally at all times. The PIC will be designated 

before the flight and will not transfer his or her designation for the duration of the 

flight. The PIC will ensure that the VO can perform the functions prescribed in 

the operating documents.

6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition 

for safe flight. If the inspection reveals a condition that affects the safe operation 

of the UAS, the UAS will not be operated until the necessary maintenance has 

been performed and the UAS is found to be in a condition for safe flight. The 

Ground Control Station will be included in the preflight inspection. All 

maintenance and alterations will be properly documented in the aircraft records.

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make 

an entry in the aircraft records.

9) The pre-flight inspection section in the operating documents will account for 

all discrepancies, i.e. inoperable components, items, or equipment, not already 

covered in the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, and 

alterations will be noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the authorized person 

returning the UAS to service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.
13) An authorized person will make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

14) Prior to operations conducted for the purpose of aerial videography/

photography and for real estate listing videos and public and private events and 

similar operations, the PIC will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multirotor UAS.

15) Prior to operations conducted for the purpose of aerial videography/

photography and for real estate listing videos and public and private events and 

similar operations, the PIC will have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating 

the make and model of the UAS to be used in operations. The PIC will 

accomplish 3 take-offs and landings in the preceding 90 days.

16) The PIC will not operate the UAS for the purpose of aerial videography/

photography and for real estate listing videos and public and private events and 

similar operations, unless the PIC has demonstrated and logged in a manner 

consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a 

manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. 

All operations will be conducted under visual meteorological conditions (VMC).

18) The UA will not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart.

19) The UA will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

20) If a UA loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

21) The PIC will abort a flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents.

22) The PIC will not begin a flight unless (considering wind and forecast weather 
conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 20% battery power remaining.

23) Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA will comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.

24) The documents required under 14 CFR 91.9 and 91.203 will be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. 

These documents will be made available to the Administrator or any law 

enforcement official upon request. 

25) The UA will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

26) The UA will not be operated over congested or densely populated areas. 

27) All operations will be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

sean@artwerkscreative.com or (480) 246-9698. 

Thank you, 

Sean Egan

Owner

Artwerks Creative LLC