Rupprecht Law P. A. 

2811 Grande Parkway, Suite 113 | Palm Beach Gardens, FL 33410 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

October 30, 2015 

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Petition for Exemption under Part 11 of the Federal Aviation Regulations and Section 333 of 

the FAA Modernization and Reform Act from 14 C.F.R. 61.23(a) & (c); 61.101(e)(4) & (5); 

61.113(a); 61.315(a); 91.7(a), 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) & (2); and 91.417(a) & (b).

PETITION FOR A SUMMARY GRANT EXEMPTION

Dear Sir or Madam:

Affordable Aerial Photography Inc. petitions for an exemption from the listed Federal Aviation 

Regulations (“FAR’s”) to conduct commercial drone operations. The authority for the FAA to grant this 

petition is from 14 C.F.R. Part 11 and Section 333 of the FAA Modernization and Reform Act of 2012.

TABLE OF CONTENTS

I. QUICK REFERENCE SUMMARY ....................................................................................................... 3

II. PETITIONER’S CONTACT INFO: ...................................................................................................... 6

III. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM........ 6

IV. THE EXTENT OF RELIEF THE PETITIONER IS SEEKING .......................................................... 6

V. REASONS WHY THE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS AND 

WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVEL OF SAFETY...................11

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates............................................................................11

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 61.113 

(a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315(a): Sport Pilot Limitations. .......11

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.......................................................................... 12

D. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes. .......................................................................... 12

E. 14 C.F.R. § 91.121: Altimeter Settings. ......................................................................................... 13
Page 2 of 17

F. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions..................................... 13

G. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance 

Inspections............................................................................................................................................. 14

VI. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST ...... 14

VII. FEDERAL REGISTER SUMMARY................................................................................................ 16

VIII. OPERATING DOCUMENTS.......................................................................................................... 16

IX. STATUTORY AUTHORITY TO GRANT THIS PETITION ............................................................ 16

X. CONCLUSION.................................................................................................................................... 17
Page 3 of 17

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown: 

o 3DR X8+ (Previously granted in Exemption No. 12495)

o DJI Phantom 2 (Previously granted in Exemption No. 11699)

o DJI Phantom 2 Vision + (Previously granted in in Exemption No. 11218)

o DJI Phantom 3 (Professional and Advanced). The Phantom 3 was previously granted in 

Exemption No. 11845. 

o DJI Inspire 1 (Previously granted in Exemption No. 11607)

o DJI S900 (Previously granted in Exemption No. 11697)

o Trimble UX5 (Previously granted in Exemption No. 11042)

o Sensefly eBee (Previously granted in Exemption No. 11194)

 The operations will be for aerial data collection1 closed-set tv/movie filming. 

 Petitioner will operate: 

o The 3DR x8 under the:

 Operations Manual https://3drobotics.com/wp-content/uploads/2015/04/X8-

Operation-Manual-vC.pdf

 Flight Checklist https://3drobotics.com/wp-content/uploads/2015/04/X8-

Checklist-vB.pdf

o The Phantom 2 under the:

 Phantom 2 User Manual (EN) v1.4 http://download.djiinnovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.

zip

o The Phantom 2 Vision + under the:

 Phantom 2 Vision+ User Manual (EN) v1.8 http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus

_User_Manual_v1.8_en.zip

o The DJI Phantom 3 under the:

 Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Gu

idelines_en.zip

 

1

“Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include 

imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical 

measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.” Exemption No. 

11482
Page 4 of 17

 Phantom 3 Safety Guidelines and Disclaimer http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional 

 Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quic

k_Start_Guide_en.zip

 Phantom 3 Professional User Manual (EN) v1.2 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User

_Manual_v1.2_en.zip

 Phantom 3 Professional In the Box http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_t

he_Box_en.zip

 Advanced

 Phantom 3 Advanced Quick Start Guide (EN) v1.0 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick

_Start_Guide_en.zip

 Phantom 3 Advanced User Manual (EN) v1.2 http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_

Manual_v1.2_en.zip

 Phantom 3 Advanced In the Box http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the

_Box_en.zip

o The DJI Inspire under the:

 Inspire Manual http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

o The DJI S900 under the:

 S900 User Manual v1.2 http://download.djiinnovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.zip

 A2 Flight Controller Manual http://download.djiinnovations.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

o The Trimble UX5 under the:

 Battery Safety Guide http://trl.trimble.com/dscgi/ds.py/Get/File665345/UX5SafetyCard_ENG_RevC_Screen.pdf

 Maintenance Guide http://trl.trimble.com/dscgi/ds.py/Get/File711699/UX5MaintenanceGuide_revC.pdf
Page 5 of 17

 Quick Start Launcher Guide http://trl.trimble.com/dscgi/ds.py/Get/File665346/UX5LauncherCard_ENG_RevD.pdf

 User Guide http://trl.trimble.com/docushare/dsweb/Get/Document665022/UX5AerialImagingUserGuide_v2.0.pdf

o The Sensefly eBee under the:

 Extended User Manual 

https://www.sensefly.com/fileadmin/user_upload/sensefly/documents/manuals/Ex

tended_User_Manual_eBee_and_eBee_Ag_v16.pdf

 The MPTOM will be confidentially submitted.

 The Petitioner is proposing to operate under the restrictions listed in Exemption # 11284, listed in 

a section below, which will provide an equivalent level of safety as the burdensome regulations.
Page 6 of 17

II. PETITIONER’S CONTACT INFO:

Affordable Aerial Photography Inc.

1123 Melinda Lane

Haverhill, FL 33417

Legal Counsel for Petitioner

Rupprecht Law, P.A.

2811 Grande Parkway, Suite 113, Palm Beach Gardens, Florida 33410 

jon@jrupprechtlaw.com

III. THE REGULATIONS WHICH THE PETITIONER IS REQUESTING EXEMPTION FROM

 14 C.F.R. § 61.23(a) & (c)

 14 C.F.R. § 61.101(e)(4) & (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

IV. THE EXTENT OF RELIEFTHE PETITIONER IS SEEKING

The Petitioner proposes these restrictions and believes that these limitations provide an equivalent 

level of safety, if not greater, as the FAR’s presently imposed upon the Petitioner. Each of the regulations 

above will be talked about in greater detail in another section in this petition.

These limitations and conditions are equal to Exemption # 11284 except for the difference in 

aircraft. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the 3DR X8+, the DJI Phantom 

2, the DJI Phantom 2 Vision +, the DJI Phantom 3(Professional and Advanced), the DJI Inspire 

1, the DJI S900, the Trimble UX5, and the Sensefly eBee when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this exemption.
Page 7 of 17

2. Operations for the purpose of closed-set motion picture and television filming are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption 

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 

knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum 

UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires 

the PIC to be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times; electronic messaging or texting is not permitted 

during flight operations. The PIC must be designated before the flight and cannot transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can perform 

the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are hereinafter 

referred to as the operating documents. The operating documents must be accessible during 

UAS operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in this exemption and the procedures outlined in the 

operating documents, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The operator must also present 

updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon 

which the FAA granted this exemption, then the operator must petition for an amendment to its 

grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight prior to conducting further operations under this exemption. Functional test flights may 

only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The 

functional test flight must be conducted in such a manner so as to not pose an undue hazard to 

persons and property.
Page 8 of 17

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in 

a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a 

condition that affects the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto 

Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight 

review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on 

his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the 

purposes of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a manner consistent 

with how the UAS will be operated under this exemption are permitted under the terms of this 

exemption. However, training operations may only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special 

visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted 

in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, 

the center of the airport symbol as denoted on the current FAA published aeronautical chart, 

unless a letter of agreement with that airport’s management is obtained or otherwise permitted 

by a COA issued to the exemption holder. The letter of agreement with the airport 

management must be made available to the Administrator or any law enforcement official 

upon request.
Page 9 of 17

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined 

location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UA to conduct the intended operation and 

to operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply 

for a new or amended COA if it intends to conduct operations that cannot be conducted under 

the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all 

times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons 

under this exemption.
Page 10 of 17

27. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

For the purpose of closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must 

submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under 

this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of the 

UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission 

must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting 

to be involved and necessary for the filming production, as specified in the exemption holder’s 

MPTOM.
Page 11 of 17

V. REASONS WHYTHE PETITIONER IS SEEKING RELIEF FROM THE REGULATIONS

AND WHY THE EXEMPTION WOULD PROVIDE AN EQUIVALENT LEVELOFSAFETY

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

The reason why the Petitioner is seeking relief from 61.23(a) & (c) is because Exemptions # 

11221, # 11284, and many others have determined that a U.S. driver’s license being used in lieu of a

medical certificate provides an equivalent level of safety as sub-sections (a) and (c). 

Therefore, since the proposed restrictions have already been determined by the FAA to provide 

an equivalent level of safety, the Petitioner is seeking the same exact restrictions as other previously 

granted exemptions to allow for commercial operations using at a minimum either a third class medical 

or a driver’s license with an airman certificate.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 

61.113 (a): Private Pilot Privileges and Limitations; and 14 C.F.R. § 61.315(a): Sport Pilot 

Limitations. 

The reason for this petition is that the regulations applying to these three pilot certificates all 

limit the commercial activities of the pilots; thus, commercial activities would be almost completely 

prohibited leaving the only alternative to be the pilots obtaining an extremely burdensome alternative 

of a commercial pilot certificate.

Regarding private pilots, sub-section 61.113(a) limits private pilots to non-commercial 

operations; “[h]owever, in Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating . . . [a] UAS would not adversely affect 

operations in the NAS or present a hazard to persons or property on the ground”

2

by conducting 

commercial operations. “[M]anned airmanship experience of a commercially certificated pilot would 

not correlate to the airmanship skills necessary for”

3

commercial drone operations. Additionally, in 

Exemption # 11221, # 11284, and many others the FAA has declared that requiring the PIC to “hold 

 

2 Clayco Exemption No. 11109 at 12.

3

Id.
Page 12 of 17

either an airline transport, commercial, private, recreational, or sport pilot certificate”

4

provides an 

equivalent level of safety as the regulations.

Since the FAA has determined numerous times that a minimum of a sport pilot certificate be 

required for commercial UA operations, Affordable Aerial Photography Inc.is asking for the PIC to be 

required to have at a minimum a sport pilot certificate when conducting commercial operations. This 

requirement also alleviates any security concerns as the TSA would have already done a background 

check on the individual possessing the pilot certificate.

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

The reason the Petitioner is requesting relief from this regulation is because the FAA does not 

need to issue an airworthiness certificate for this unmanned aircraft and the requirements contained in 

the above referenced manuals will be sufficient for determining the airworthiness of the aircraft.

The restrictions already agreed to will require the PIC to conduct a pre-flight check to 

determine airworthiness and the operator to be “responsible for maintaining and inspecting the UAS 

to ensure that it is in a condition for safe operation.”

5 The referenced manuals along with the 

restrictions obligating the PIC and operator to check and ensure the UA will provide “sufficient means 

for determining an airworthy condition in accordance with § 91.7(a).”

6 Therefore, the Petitioner seeks 

relief to operate under the proposed restrictions and the manuals. 

D. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119, sub-section (c) requires the petitioner to operate at “[a]n altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”

7 This regulation is 

burdensome because it would require the Petitioner to operate at 500ft above the ground for many 

 

4 Habana Avenue, LLC dba Fly Habana No. 11284 at 4. 

5

Id.

6 Clayco Exemption No. 11109 at 13.

7 14 C.F.R. § 91.119(c).
Page 13 of 17

operations. This is a burdensome problem because many of the objects that need photographing will 

all be at least 500ft away and the photos or video obtained will be almost completely useless.

The Petitioner proposes to operate within the restrictions given in the Clayco Exemption which 

the FAA has previously determined will provide an equivalent level of safety. “[A]ll persons not 

essential to flight operations (nonparticipating persons) must remain at appropriate distances. In open 

areas this requires the UA to remain 500 feet from all persons other than essential flight personnel (i.e. 

the PIC and VO). . . . If barriers or structures are present that can sufficiently protect nonparticipating 

persons from debris in the event of an accident then the UA may operate closer than 500 feet to persons 

afforded such protection. The operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 

500 feet of the UA, flight operations must cease immediately. . . . [O]perations may be conducted 

closer than 500 feet to vessels, vehicles and structures when the land owner/controller grants such 

permission and the PIC makes a safety assessment of the risk of operating closer to those objects.”

8

E. 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."9 Many UA do not have an altimeter but use GPS to determine height.

Furthermore, the cost of installing an altimeter will be financially burdensome.

An equivalent level of safety can be achieved by the operator, pursuant to following the manuals

and restrictions and using a GPS instead of an altimeter. Furthermore, the Clayco petition and many other 

petitions have been granted allowing GPS to be used in lieu of an altimeter.

F. 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 

 

8 Clayco Exemption No. 11109, at page 15.

9 14 C.F.R. § 91.121.
Page 14 of 17

at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."10 Most unmanned aircraft 

cannot fly longer than 30 minutes; therefore, most would always be violating this regulation if they took 

off.

The Petitioner believes that an equivalent level of safety can be achieved by restricting operations 

to “the intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.”

11

 

G. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(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"

12 and maintain the 

aircraft in compliance with Part 43. These regulations do not apply because the FAA has authority under 

Section 333 to determine the drones listed do no need an airworthiness certificate. Since there is no 

airworthiness certificate to maintain, Part 43 does not apply.

An equivalent level of safety to Part 43 will be achieved because these small UAS’s are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of 

time. Moreover, the Petitioner is the best suited to maintain the aircraft in an airworthy condition to provide

the equivalent level of safety as Part 43. Lastly, the petitioner will operate in accordance with the manuals

which will provide an equivalent level of safety as the burdensome regulations.

VI. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

The Petitioner intends to produce picture and video content. If the petitioner does not have the 

option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by using manned 

aircraft which pose a danger to the pilot as well as individuals on the ground. There are no pilots on board 

the UA and due to the small size of the UA, there is less risk posed to the public on the ground in case of 

 

10 14 C.F.R. § 91.151(a).

11 Exemption No. 11284, at page 5.

12 14 C.F.R. § 91.405(a).
Page 15 of 17

an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine; 

thus, there is some motor redundancy for some UA in case of a motor malfunction.

Manned airplanes and helicopters produce great amounts of noise pollution disrupting the quiet 

enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the 

public as much as manned aircraft; thus, the public will benefit from a reduction in noise pollution.

In addition to the noise pollution reduction, engine or turbine powered aircraft produce exhaust 

which affects the environment while the UA of the petitioner are electric and do not produce any emission. 

The byproduct of 100LL emissions is lead entering the air the public breaths while electric motors produce 

none. The environment and the public are benefited by the use of UA.

The UA are much safer than traditional helicopters because instead of having to ferry the UA from 

the airport all the way to the shooting location in the air over people and buildings and back to the airport, 

the UA can be transported via ground vehicle. This greatly benefits the public because it minimizes the 

amount of time that the drone is required to fly in the air to get the job done.

UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there 

was an emergency where the UA crashed, there is less of a chance for individuals being injured from an 

explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage 

in the case of a crash than the “grenading” that typically happens during a manned helicopter crash.

Lastly, the UA will be operated at lower altitudes than most manned aircraft. This vertical 

separation greatly reduces the chance of a mid-air collision.
Page 16 of 17

VII. FEDERAL REGISTER SUMMARY

As required by 14 C.F.R. Part 11, below is provided a summary of the petition to be published in 

the Federal Register should it be determined that publishing is needed.

The Petitioner is seeking an exemption from the following rules:

14 C.F.R. 61.23(a) & (c); 61.101(e)(4) & (5); 61.113(a); 61.315(a); 91.7(a); 91.119(c); 91.121; 

91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); and 91.417(a) & (b) to operate an 

unmanned aircraft, weighing 55 pounds or less, commercially for aerial data collection operations 

using the 3DR X8+, the DJI Phantom 2, the DJI Phantom 2 Vision +, the DJI Phantom 

3(Professional and Advanced), the DJI Inspire 1, the DJI S900, the Trimble UX5, and the Sensefly 

eBee.

This exemption is needed because the listed regulations are extremely burdensome to operate 

under while conducting commercial operations. The commercial operations of the unmanned 

aircraft (“UA”) will provide a far safer alternative than using a jet or piston powered aircraft

because small batteries will be used instead of large amounts of highly flammable fuel, the UA can 

be transported to the operation location via ground vehicle as opposed to ferrying in the air, the 

UA will be operated at altitudes far below manned aircraft, and the UA will use clean electricity 

for power as opposed to 100LL which has the by-product of small amounts of lead being released 

into the atmosphere for the public to breath. The proposed restrictions contained in the petition 

and manuals will provide an equivalent level of safety as the regulations.

VIII. OPERATING DOCUMENTS

Affordable Aerial Photography Inc. will operate only within the limitations above and the 

limitations listed in the manuals. The limitations above, from the previously granted exemption, will be 

followed if there is a conflict with the manuals.

IX. STATUTORYAUTHORITY TO GRANTTHIS PETITION

The Federal Aviation Act gives the FAA the authority to grant exemptions. “The Administrator 

may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this 

section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public 

interest.”

13 Furthermore, Section 333 of the FAA Modernization and Reform Act of 2012 gives the 

Secretary of Transportation the ability to consider whether the unmanned aircraft can operate in the 

 

13 49 U.S.C. § 44701(f); accord 49 U.S.C. § 44711(b).
Page 17 of 17

national airspace until final regulations are published. Lastly, Congress directed the Secretary for the 

Department of Transportation to “establish requirements for the safe operation of such aircraft in the 

national airspace system."14 The FAA has already established requirements for summary grants which we 

are adopting.

X. CONCLUSION

The operation of Affordable Aerial Photography Inc. using a small UAS, weighing less than 55 

lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety

as the burdensome regulations; therefore, this petition should be granted without delay. If I can be of any 

assistance, please do not hesitate to contact me at (561)222-6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.

 

14 FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95, § 333(c), 126 Stat. 11 (2012).