1/5/16

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washing ton, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and

Part 11 of the Federal Aviation Regulations.

Name and Address of Petitioner:

John Curtis

121 S. Main

Nevada, MO 64772

417.667.1220 (Cell)

JJCurtis@Curtisandsonsrealty.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14

C.F.R. Part 11, John Curtis, the Petitioner, request exemption from the following Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System.

Regulations from which the exemption is requested:

14CFR 21 H

14 CFR 45.23 (b)

14 CFR 61.113 (A) 7 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b)(2)

14 CFR 91.103 (b)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

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) & (b)

14 CFR 91.417 (a) & (b)

14 CFR Title 14 Chapter 1 Sub D Part 60 thru 67 - 61.1 to 61.429 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, John Curtis, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, 

provided 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 provide professional services in the 

following areas: 

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

surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.

5. 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. 

6. Training to persons individually or belonging to both private and/or public organizations to increase 

awareness and improve safety for current and future UAS operations within the NAS. As described fully 

below, the requested exemption would permit the operation of designated UAS as set forth in this 

document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling 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.”

Characteristics of the Aircraft:
I plan to operate a UAS, the DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft 

(UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad-copter 

with a maximum gross weight of about 3 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.

Certification Procedures for Products and Parts

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate as granted in

Exemption No. 11623, 11650, 11664 and 11734.

14 CFR 45.23 (b): Marking of the Aircraft

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.

Reason for Exception

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS

will have not entrance to the cabin, cockpit or pilot station on which the work "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 FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167

and 10167A.

14 CFR 61.113 (A) 7 {b): Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft

of the United States, unless that person: (1) has a pilot certificate or special purpose authorization

issued under this part in that person's physical possession or readily accessible. (2) The flight is only

incidental to that business or employment. (3) The aircraft does not carry passengers or property for

compensation or hire.

Reason for Exception

The Petitioner will follow all manufacturers' training program and safety manual. I also believe these

requirements are unnecessary for pilot controlled drone flight. Additionally, current FAA proposals have

omitted this as a future requirement for small UAS's.

14 CFR 91.7 (a): Civil Aircraft Airworthiness

Civil Aircraft Airworthiness: (a) No person may operate a civil aircraft unless it is in an airworthy

condition.

Reason for Exception

It has been determined that similar UAS's do not require an airworthiness certificate, however the

petitioner will ensure airworthiness through the combined use of the manufacture's Operations Manual

and preflight checks. 

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

This regulation provides that no person may operate an aircraft unless a current, approved flight manual

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual
information is available to the aircrew while operating the aircraft. We request an exemption to this

requirement since the aircraft is not only too small to carry documentation; the documentation would

not be available to the crew.

Reason for Exception

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. The FSS has issued the following

exemptions to this regulation: Exemption #8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.103 (b): Preflight Instruction

This regulation requires each pilot in commend 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 petitioner will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 CFR 91.109: Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls."

Reason for Exception

UAS's and remotely piloted aircraft, by their design so 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. See exemption Nos.

5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passenger

will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of

400 feet AGL, we cannot comply with this requirement.

Reason for Exception

The use of UAS will be flown no higher than 400 feet AGL in LOS over developed and developing

residential areas that may be considered congested areas. That will not always be the case when

providing a 'Property Survey' flight because they could be conducted over empty lots or acreages with

no structures. In the case of flying over or near existing private property while providing aerial imagery,

property inspections, and property assessments, landowners will be notified in person by the Petitioner,

or by a card left behind by the Petitioner if requested. The Petitioner will review with the landowners of

associated risks to people and property. Due to the small size of the UAS the associated risk to persons,

vessels, vehicles and structures is not comparable to manned aircraft and should be taken into

consideration. 

14 CFR 91.121: Altimeter Settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below

18,000 feet MSL.
Reason for Exception

Most UAS do not have a barometric altimeter. If does have a GPS that will calculate altitude. The

Petitioner will limit flights to a maximum altitude of 400 feet AGL as granted in Exemption No. 11623,

11664, and 11734.

14 CFR 90.151 (a) Fuel Requirements for Flight in VFR Conditions

Fuel requirements for flight in VFR conditions: (a) No person may begin 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.

Reason for Exception

The UAS provides a low battery warning to indicate when you should return the UAS to the launch point.

In addition, a "low" and "critical" battery level warnings and implemented a "return to Home" (or "Go

land") action in these situations. The Petitioner will not initiate 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 all flights will be conducted during daylight hours and at times not to be a nuisance to

others.

14 CFR 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current

airworthiness certificate.

• 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 19.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.

Reason for Exception

To obtain an equivalent level of safety and meet the intent of 91.203, documentation will be housed at a

ground control point where the pilot is flying the UAS for immediate access to the extent they are

applicable to the UAS's. In doing some research the FAA has issued numerous exemptions to this

regulation.

14 CFR 91.405 (a): Maintenance Inspections

Each owner or operator of an aircraft- (a) 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.

Reason for Exception

The Petitioner shall inspect the aircraft prior to every flight. The Petitioner also will follow the

manufacturer's recommended preflight checklist and make any repair necessary before flights occur.

The Petitioner will also maintain a log of any maintenance or repairs performed. 

14 CFR 91.407 {a) {1): Maintenance

Operation after maintenance, preventative maintenance, rebuilding or alteration: (a) No person may

operate any aircraft that has under gone maintenance, preventative maintenance, rebuilding, or

alteration unless (1) it has been approved for return to service by a person authorized under 43.7 of this
chapter.

Reason for Exception

The Petitioner who has the responsibility for the operation and safety of the UAS will follow the

manufactures suggested replacement parts.

14 FR 91.409 (a){l) & (2): Inspections

Inspections: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft

unless, within the preceding 12 calendar months, it has had (1) an annual inspection in accordance with

part 43 of this chapter and has been approved for return to service by a person authorized by 43.7 of

this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part

21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for

any inspection required by this paragraph unless it is performed by a person authorized to perform

annual inspections and is entered as an "annual" inspection in the required maintenance records.

Reason for Exception

The Petitioner will follow manufacturer's suggestions to ensure that the UAS is in a condition for safe

flight at all times.

14 CFR 91.417 (a) & (b): Maintenance Records

Except for work performed in accordance with 91.411 and 91.413 each registered owner or operator

shall keep the following records (l)(i) (ii)(iii) (2)(i)(ii)(iii)(iv)(v)(vi) for the periods specified in paragraph (b)

of this section: ( 1) (2) (3)

Reason for Exception

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use

approved manufactured parts for all repairs and modifications.

14CFR Title 14 Chapter 1 Subchapter D Parts 60 thru 67-61.1 to 61.429: Pilot Certification

This section pertains to flight rules, pilot certificate requirements, manuals, etc.

Reason for Exception

The Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and

current FSS proposals have omitted this as a future requirement for small UAS's.

In Conclusion:

I, John Curtis, the Petitioner request for exemption from the above mentioned Federal Aviation

Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the National Airspace

System in order to perform the Applications and Operations pertaining to my work in a safe and

controlled environment. The Petitioner hopes for a timely consideration as I have made a considerable

investment in time and finances on this project.

Sincerely,
John Curtis

121 S. Main

Nevada, MO 64772

417.667.1220 (Cell)

JJCurtis@Curtisandsonsrealty.com