Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

Feb 9, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave, SE Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 

61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b) ; 91.119c

Dear Sir or Madam,

I, Andrew M Cross (dba AC Aerial Photography), am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that I, Andrew M Cross (dba AC Aerial Photography), a 

private pilot, aircraft owner, Aircraft Owners Pilots Assoc. member, AMA Member, 

Experimental Aircraft Association, Remote Control Aerial Platform Association 

and owner and operator of small unmanned aircraft, be exempted from the 

Federal Aviation Regulations (“FARs”) listed below so that I, Andrew M Cross 

(dba AC Aerial Photography), may operate my small hobby level light weight 

unmanned aircraft systems (“UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”). The Multicopters are as follow... 

• DJI Phantom 2 Quadcopter using a DJI Naza V2 flight controller and zenmuse 

gimbal with go pro. 5lbs max take off weight 

• Tarot 810 Hexocopter using a DJI Naza V2 flight controller and gimbal with 

camera. 14 lbs max take off weight 

Flight operations and control for both are identical since both use the same DJI 

Naza M V2 flight controller and prescribed flight envelope exemptions will be the 

same. Line of site operation only, 400ft height restriction, 30kt speed, and 1500ft 

max lateral distance, GPS guided with return to home capability. 100+ hours of 

flight time experience have been logged by me for each multicopter and I will be 

the sole operator of the multicopters.

As described herein I, Andrew M Cross (dba AC Aerial Photography), am a 

certificated Private Pilot with a Class III Medical Certificate; experienced in flying 

hobby RC Aircraft and Multicopters for recreational purposes as well as personal 

manned aircraft. My intent for aerial videography/cinematography to enhance 

community awareness for those individuals and companies unfamiliar with the 

geographical layout of North East Ohio area, community awareness, aerial media 

for business and real estate photography and videos at less cost and lower threat 

(accident impact and lower emissions) than manned aircraft, thereby increasing 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

safety and ecological impact to the public and promote economic growth for the 

North East Ohio area.

My, Andrew M Cross (dba AC Aerial Photography)'s, exemption request would 

permit operation of ultra light weight, unmanned (piloted by remote control) and 

comparatively inexpensive UAS(s) in tightly controlled and limited airspace 

predetermined in areas away from general public, airports, heliports and 

vehicular traffic for community videos, and within property boundaries for small 

business and individual real estate listing videos/photos with the permission of 

the property owners or designee. Currently, similar lightweight, remote controlled 

UAS's are legally operated by unmonitored amateur hobbyists with no safety plan 

or controls. I, Andrew M Cross (dba AC Aerial Photography), have personally 

instilled safety within AMA guidelines, AC 91.57 circular, and Certificated Manned 

Aircraft Knowledge.

Operation of UAS will be per attached user guides and modified RCAPA 

checklists, AC 91-57 (400 ft max height, Line of site, not within Class C or B 

airspace, and only in Class D with prior permission and Transceiver contact with 

Control tower, Class G and E airports at least 3 miles from airports or with 

proper Airspace procedures Authorization or Contact, and under VFR rules.

Granting my, Andrew M Cross (dba AC Aerial Photography)’s, request comports 

with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and 

authority to not only integrate UAS's into the national airspace system, but to 

“...establish requirements for the safe operation of such aircraft systems [UAS's] 

in the national airspace system” under Section 333(c) of the Reform Act specific 

to the use of UAS's for aerial media and real estate purposes. Further I, Andrew 

M Cross (dba AC Aerial Photography), will conduct my operations in compliance 

with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, Andrew M Cross (dba AC Aerial Photography), 

respectfully request the grant of an exemption allowing me to operate ultra light 

weight, remote controlled UAS’s for academic community awareness to benefit/

stimulate attraction to the North East Ohio area and to enhance aerial media for 

small business and real estate listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will promote local 

economic growth through increased employment and increased tax base. Both 

with public safety in mind by keeping heavier manned aircraft containing 

combustible fuels and emissions that that poses potential public hazard.

This exception is similar and has precedence as exemption 11153 (Burnzeye 

View, INC.) and exemption 11138 (Douglas Trudeau). 

I have attached... 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

• Operator Manuals for the DJI Phantom II (Quick Start and Full) 

• Personal (RCAPA modified) Operational/preflight checklist guidelines 

• Physical description of the Tarot 810, which use DJI Naza v2 control systems 

and thus will also use the aforementioned Phantom II checklist/guidelines

I. Contact Information:

Andrew M Cross (dba AC Aerial Photography)

3500 Abbotts Mill Dr., Willoughby, OH 44094

Phone: (440) 391-8634

Email: across420@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From 

Which Andrew M Cross (dba AC Aerial Photography) Requests Exemption 

are:

14 C.F.R. Part 21

14 C.F.R. 45.23(b); 

14 C.F.R. Part 21; 

14 C.F.R. 61.113(a)&(b); 

91.7(a); 

91.9(b) (2); 

91.121; 

91.151(a); 

91.203(a)&(b); 

91.405(a); 

91.407(a) (1); 

91.409(a) (2); 

91.417(a)&(b) ; 

91.119c

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

4III. The Extent of relief Andrew M Cross (dba AC Aerial Photography) seeks 

and the Reason He Seeks Such Relief:

I, Andrew M Cross (dba AC Aerial Photography), submit this application in 

accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any 

currently applicable FARs operating to prevent me, Andrew M Cross (dba AC 

Aerial Photography), contemplated commercial cinematic, academic and other 

flight operations within the national airspace system. The Reform Act in Section 

332 provides for such integration of civil unmanned aircraft systems into our 

national airspace system as it is in the public’s interest to do so. My, Andrew M 

Cross (dba AC Aerial Photography)’s, ultra light weight RC multicopters meets 

the definition of “small unmanned aircraft” as defined in Section 331 and 

therefore the integration omg small UAS’s are expressly contemplated by the 

Reform Act. I would like to operate my multicopters commercially prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing 

such craft. The Reform Act guides the Secretary in determining the types of 

UAS's that may operate safely in our national airspace system. Considerations 

include: The weight, size, speed and overall capabilities of the UAS's; Whether 

the UAS will be operated near airports or heavily populated areas; and, Whether 

the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these 

items reflect in favor of an exemption for me, Andrew M Cross (dba AC Aerial 

Photography). My multicopters use four (4) or six (6) counter-rotating propellers 

for balance, control and stability. My UAS’s are equipped with GPS and auto 

return safety technology. Weighing less than five (5) pounds and (14 lbs) (far 

below the maximum 55 pound limit); including cameras and gimbals.

I, Andrew M Cross (dba AC Aerial Photography), considers safety as foremost 

with each flight. I am an Experienced certificated manned Private Pilot and have 

knowledge of Airspace and manned flight operations. I have 100+ hours of 

experience inn each multi rotor and will operate each flight per per attached user 

guides and modified RCAPA checklists, AC 91-57 (400 ft max height, Line of site, 

not within Class C or B airspace, only in Class D with prior permission and 

Transceiver contact with Control tower, Class G and E airports at least 3 miles 

from airports or with proper Airspace procedures Authorization or Contact, and 

under VFR rules. 

The multicopters and there control systems operate with GPS and 

accelerometers which keep the systems in place with no control input and allow 

return to home if the radio control signal is loss. 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

I never take off without fully charged batteries and I land with at least 20% battery 

life, have a real time feed of battery power on the Tarot 810 and visual indication 

for the Phantom 2. Both have autoland capability if battery life is low. 

Typical flight time is 7 to 15 minutes and operation is Line of site only, 400ft 

height restriction, 30kt speed, and 1500ft max lateral distance

I, Andrew M Cross (dba AC Aerial Photography)’s, am extremely cautious when 

operating of my UAS/ultra light weight unmanned aircraft and will not “create a 

hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 

(b). Given the small size and weight of my UAS it falls well within Congress’s 

contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. 

Andrew M Cross (dba AC Aerial Photography)’s UAS, used in hobby flight, has a 

demonstrable safety record and does not pose any threat to the general public or 

national security.

IV. How Andrew M Cross (dba AC Aerial Photography)’s Request Will 

Benefit the Public As A Whole:

Aerial videography for business use, geographical awareness and for real estate 

marketing has been traditionally completed with manned fixed wing aircraft and 

helicopters. Aerial videography is cost prohibitive. Only large businesses and 

high end Realtors or luxury homeowners can afford such expense. This deprives 

small businesses, non-luxury homeowners, and small budget Realtors from a 

valuable marketing tool. Manned aircraft pose more of a threat to both the pilots 

and the general public due to the size and the combustable fuel held on board. 

than do small UAS which are low mass and contain no fuel.

Congress has already proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system. The multicopters 

proposed for exemption are battery powered and creates no emissions that can 

harm the environment. The consequence of a small UAS crashing is far less than 

a full size helicopter or fixed wing aircraft.

Permitting me, Andrew M Cross (dba AC Aerial Photography), to immediately fly 

within national air space furthers economic growth. Granting my exemption 

request substantially furthers the economic impact for the North East Ohio 

community for companies looking to relocate or build in North East Ohio as well 

as individuals looking to relocate for career advancement through academic and 

geographical awareness. Both of which serve as a stimulus to the community.

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

V. Reasons Why Andrew M Cross (dba AC Aerial Photography)’s Exemption 

Will Not Adversely Affect Safety Or How The Exemption Will Provide a 

Level of Safety At Least Equal To Existing Rule:

My, Andrew M Cross (dba AC Aerial Photography)’s, exemption will not adversely 

affect safety. 

I will be flying UAS’s with tighter restrictions than the general hobbyist who may 

or may not be operating to AC 91-57. 

As a Certificated Private Pilot, local to the area, I have knowledge of airspace 

and aircraft operations as well as basic sectional knowledge. 

My operations will typically occur in non navigable airspace or airspace that 

manned aircraft should not be flying in. <400 feet AGL. 

As a commercial interest, I will have a vested interest in safety to build business 

and community integrity and respect. 

The UAS’s I will be flying are 5 and 14 lbs takeoff weight and contain no 

flammable aviation fuel compared to a equivalent manned aircraft. Much less 

Mass,energy, flammability compared to a full size aircraft. 

The aircraft will only operate 7-15 minutes per flight minimizing risk compared to 

full size aircraft. 

Multicopters are direct controlled, line of site, with return to home capability. 

As the sole operator, have 100+ hours on each multicopter. 

Prescribe to RCAPA checklists, AC 91-57, user manuals attached for each flight.

My, Andrew M Cross (dba AC Aerial Photography)’s, safety protocols provide a 

level of safety equal to or exceeding existing rules. It is important to note that 

absent the integration of commercial UAS into our national airspace system, 

helicopters are the primary means of aerial video and photography for community 

awareness and real estate. While the safety record of such helicopters is 

remarkably astounding, there have been several incidents across the nation 

involving loss of life as well as extensive property damage; it is far safer to 

operate a battery powered ultra light weight UAS.

UAS’s do not need to operate as high as manned aircraft and pose less potential 

energy and a less volatility in a crash.

VI. A Summary The FAA May Publish in the Federal Register:

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The 

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation 

to FAR § 91.203(a)(1). The size, weight of my, Andrew M Cross (dba AC Aerial 

Photography)’s, UAS’s permits exemption from Part 21 because my UAS meets 

(and exceeds) an equivalent level of safety pursuant to Section 333 of the 

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's 

from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense 

populations. My, Andrew M Cross (dba AC Aerial Photography)’s, current and 

projected UAS's meet or exceed each of the elements. Precedence of 

exemption 11138

14 C.F.R. 91.7(a) 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. Aircraft will be inspected and 

preflighted per operators manual and attached preflight guidelines.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no on board pilots or passengers, and given the size of the UAS(s), this 

Regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a safety/flight manual delineating areas of where safety can be 

defined. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as the 

UAS(s) utilizes electronic global positioning systems with a barometric sensor 

which “zeros” at field elevation. Since flight times are limited to 15 minutes AGL 

indications will be accurate.

14 C.F.R. § 91.151 Fuel requirements for flight in VFR conditions prescribed 

minimums below entire duration of flight time of sUAS. SUAS will land with at 

least 30% of battery life. Visual LED warnings from sUAS as well as telemetry 

data will show battery level and auto land will begin at 30% battery life.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

described above. The equivalent level of safety will be achieved by maintaining 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

any such required certifications and registrations by me, Andrew M Cross (dba 

AC Aerial Photography).

14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according 

to certain specifications. My UAS are, by definition, unmanned. They therefore do 

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

phrases. Further, two-inch lettering is difficult to place. Per exemption 11138 

which highlights previous exemptions, no marking is required or applicable.

14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. 

I, Andrew M Cross (dba AC Aerial Photography), can achieve an equivalent level 

of safety as achieved by current Regulations because my UAS does not carry 

any pilots or passengers. Further, I possess a private pilot license and a class III 

medical certificate and have a knowledge of Airspace and aircraft operations and 

have a personal interest that UAS and manned aircraft do not intersect. The 

risks attended to the operation of my UAS is far less than the risk levels inherent 

in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, 

Andrew M Cross (dba AC Aerial Photography), to operate my UAS meet and 

exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 91.119c prescribes safe altitudes for the operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. My UAS 

will never operate at an altitude greater than 400 AGL. I, Andrew M Cross (dba 

AC Aerial Photography), will however operate my UAS in safe areas away from 

public and traffic, only with permission of said property and structure owners or 

designee, providing a level of safety at least equivalent to or below those in 

relation to minimum safe altitudes. In addition the DJI flight controllers on each 

multicopter allow me to restrict the multicopters max height to 400ft and 1500ft 

horizontal. Given the size, weight, maneuverability and speed of my UAS, an 

equivalent or higher level of safety will be achieved. 

Per exemption 11138 ... “If barriers or structures are present that can sufficiently 

protect nonparticipating persons from the UA or debris in the event of an 

accident, then the UA may operate closer than 500 feet to persons afforded such 

protection. The operator must also 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. When considering how to immediately cease operations, the 

primary concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

vehicles and structures when the owner/controller of any such vessels, vehicles 

or structures grants permission for the operation and the PIC makes a safety 

assessment of the risk of operating closer to those objects and determines that it 

does not present an undue hazard.”

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and 

operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They 

will not, therefore, apply to my, Andrew M Cross (dba AC Aerial Photography)'s, 

UAS. However, as a safety precaution I inspect my UAS before and after each 

flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 

91.203(a)(1). The size, weight and enclosed operational area of my UAS permits 

exemption from Part 21 because my, Andrew M Cross (dba AC Aerial 

Photography)’s, UAS meets an equivalent level of safety pursuant to Section 333 

of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations. My UAS meets or exceeds each of the elements. 14 

C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual in the aircraft. As there are no pilots or passengers, and 

given the size of the UAS's, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a manual. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, maintenance program that involves regular software 

updates and curative measures for any damaged hardware. Therefore, an 

equivalent level of safety will be achieved.

Request precedence of 11138 exemption...

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

“7) Prior to each flight, the PIC must 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 is prohibited from operating until the necessary 

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

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must 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, must undergo a 

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

an entry in the aircraft records. 

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

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

covered in the relevant sections of the operating documents. 

10) The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, and alterations must 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 under this exemption must comply with all manufacturer 

Safety Bulletins. 

13) The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.”

In summary, Andrew M Cross (dba AC Aerial Photography) seeks an 

exemption from the following Regulations:

Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 

91.9(b) (2); 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) 

(2); 91.417(a)&(b) ; 91.119c) to commercially operate my, Andrew M Cross (dba 

AC Aerial Photography)'s, small unmanned vehicle/lightweight unmanned aircraft 

vehicle in community awareness, small business, and real estate operations, and 

to develop economic platforms for real estate to enhance the experience of those 

seeking to relocate to the NE Ohio. Currently, aerial media for small 

business,area awareness, and real estate aerial videography/photography relies 

primarily on the use of larger aircraft running on combustible fuel. Posing 

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Andrew Cross (dba AC Aerial Photography) Section 333 Exemption Request

potential risk to the public. Granting my, Andrew M Cross (dba AC Aerial 

Photography)’s, request for exemption will reduce current risk levels and thereby 

enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, 

lighter and more maneuverable than conventional real estate video and 

photographic aircraft with much less flight time. Further, I operate at lower 

altitudes in primarily non navigable airspace eliminating potential public risk flying 

to and from established air fields.Formal collection of information shared with the 

FAA will enhance the FAA's internal efforts to establish protocols for complying 

with the FAA Modernization and Reform Act of 2012. There are no personnel on 

board my, Andrew M Cross (dba AC Aerial Photography)’s, UAS and therefore 

the likelihood of death or serious bodily injury is significantly diminished. My, 

Andrew M Cross (dba AC Aerial Photography)’s, operation of my UAS, weighing 

less than 5 pounds and 15 pounds and traveling at lower speeds within limited 

areas will provide an equivalent level of safety as that achieved under current 

FARs. Accordingly I, Andrew M Cross (dba AC Aerial Photography), respectfully 

request that the FAA grant my exemption request and am willing to cooperate in 

sharing information to benefit the FAA, safety of manned aircraft, and the general 

public at large.

Respectfully submitted,

Andrew M Cross (dba AC Aerial Photography)

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