U.S. Department of Transportation

Federal Aviation Administration

Washington, DC

September 8, 2015

Alex Huppenthal

334 West Hyman Ave, 

Aspen, CO 81611 

Email: 

Alex.Huppenthal@gmail.com

Dear Sir or Madam,

Pursuant	to	Sec-on	333	of	the	FAA	Moderniza-on	and	Reform	Act	of	2012	(the	Reform	Act)	

and	14	C.F.R.	Part	11.81,	Alex	Huppenthal,	hereby	applies	for	an	exemp-on	from	the	listed	

Federal	Avia-on	Regula-ons	("FARs")	to	allow	commercial	opera-on	of	its	small,	unmanned	

aircraM	for	photogrammetry,	photography/cinematography,	industrial	inspec-ons,	search	&	

rescue,	and	analyses.

Alex	will	be	providing	clients	with	high	quality	imaging	for	a	variety	of	commercial,	public,	and	

residen-al	uses.	Alex	Huppenthal	currently	holds	a	commercial	pilot	cer-ficate	and	private	

cer-ficate,	with	over	800	hours	of	flying	experience	and	is	seeking	an	exemp-on	from	these	

specific	requirements	of	Title	14	C.F.R.:

I. 61.113 (a) and (b) 

II. 91.119 (b) and (c) 

III. 91.121 

IV. 91.151(a)

V. 91.405(a)

VI. 91.407(a)(1)

VII. 91.409(a)(1) and (2)

VIII. 91.417(a) and (b)
Definitions

Summary

In	the	instance	of	gran-ng	exemp-on,	Alex	Huppenthal	will	be	opera-ng	the	sUAS	in	

order	to	fulfill	contracted	obliga-ons,	such	as:	aerial	photography	and	videography	for	

real	estate	agents,	appraisers,	property	managers,	general	contractors,	Solar	panel	

installa-on	technicians,	U-lity	inspec-ons,	Natural	Resource	conserva-on	organiza-ons;	

Public	departments;

Aircraft

I. AGL Above Ground Level

II. ATC Air Traffic Control

III. COA Certificate of Authorization

IV. FAA

Federal Aviation 

Administration

V. FAR Federal Aviation Regulation

VI. GPS Global Positioning System

VII. NAS National Airspace System

VIII

. PIC Pilot in Command

IX. UA Unmanned Aircraft

X. sUAS

Small Unmanned Aerial 

System

XI. VFR Visual Flight Rules

XII. VLOS Visual Line of Site
I. DJI Phantom 3 

A. Weight (Including Battery and Propellers) 2.82 lbs

B. Diagonal Size (Including Propellers) 23.23 in

C. Max Ascent Speed 11.2 mph

D. Max Descent Speed 6.7 mph

E. Max Flight Time ~ 23 minutes

F. Remote Controller Operating Frequency 2.400 GHz – 2..483 Ghz 

5.725 Ghz – 5.825 Ghz

G. AutoTakeoff Rises to a preset height 

and will hover in place 

until directed where to go.

H. AutoReturn Home Remembers the exact 

spot it took off from and 

returns to it under PIC 

control.

I. Low Battery Failsafe If the flight battery is 

running low, return to 

h o m e , o r i t l o s e s 

connection with the 

remote it will return to 

home.
II. DJI Inspire 1 

A. Weight (Including Battery and Propellers) 6.47 lbs

B. Diagonal Size (Including Propellers) 22.87 in

C. Max Ascent Speed 11.2 mph

D. Max Descent Speed 9 mph

E. Max Flight Time ~ 18 minutes

F. Remote Controller Operating Frequency 2.400 GHz – 2..483 Ghz 

5.725 Ghz – 5.825 Ghz

G. AutoTakeoff Rises to a preset height 

and will hover in place 

until directed where to go.

H. AutoReturn Home Remembers the exact 

spot it took off from and 

returns to it under PIC 

control.

I. Low Battery Failsafe If the flight battery is 

running low, return to 

h o m e , o r i t l o s e s 

connection with the 

remote it will return to 

home.
Specific Sections of C.F.R From Which Alex Huppenthal Seeks Exemption

I. Section 61.113(a) and (b) Private Pilot Privileges and Limitations

Sec-on	61.113	states	that	no	person	who	holds	a	private	pilot	cer-ficate	may	act	as	pilot	

in	command	of	an	aircraM	that	is	carrying	passengers	or	property	for	compensa-on	or	

hire;	nor	may	that	person,	for	compensa-on	or	hire,	act	as	pilot	in	command	of	an	

aircraM.	The	sUAS	will	not	carry	a	pilot	or	passengers.	Then	the	stated	opera-ons	can	

achieve	the	equivalent	level	of	safety	by	requiring	the	PIC	opera-ng	the	aircraM	to	have	

completed	FAA	Private	Pilot	Ground	school	instruc-on	and	passed	the	FAA	Private	Pilot	

wri\en	exam	to	operate	these	sUAS.	These	sUAS	are	not	capable	of	carrying	a	pilot	or	

passengers,	therefore	dis-nguishing	them	as	remotely	controlled	vehicles.	The	area	of	

opera-on	is	controlled	and	restricted	providing	a	sound	level	of	safety	referenced	from	

the	opera-ons	manual.	The	risk	associated	with	the	opera-on	of	a	UAS	are	greatly	

reduced	with	a	private	pilot	ac-ng	as	PIC	thus	exceeding	the	present	level	of	safety	

achieved	by	sec-on	61.113.	

II. Section 91.119 Minimum Safe Altitudes 

Sec-on	91.119	states	persons	may	operate	a	helicopter	at	less	than	the	minimums	

prescribed	in	paragraph	(b)	or	(c)	of	this	sec-on,	provided	each	person	opera-ng	the	

helicopter	complies	with	any	routes	or	al-tudes	specifically	prescribed	for	helicopters	by	

the	FAA.	The	sUAS	meets	this	criteria	as	a	helicopter	and	requests	the	ability	to	operate	

at	al-tudes	up	to	400’	AGL.	Only	in	accordance	with	preobtained	consent	will	the	sUAS	

operate	while	also	maintaining	an	al-tude	less	than	400’	AGL.	For	comparison	with	

tradi-onal	aircraM	and	rotorcraM	the	sUAS	weighs	less	than	10lbs,	while	also	preven-ng	

poten-al	risks	associated	with	flammable	fuel.	Lastly	the	400’	AGL	ceiling	limits	any	

ability	for	the	sUAS	to	interfere	with	conven-onal	aircraM	opera-ng	at	or	above	500’	

AGL.	

III. Section 91.121 Altimeter Settings 

Sec-on	91.121	states	each	person	opera-ng	an	aircraM	shall	maintain	the	cruising	

al-tude	or	flight	level	of	that	aircraM,	as	the	case	may	be,	by	reference	to	an	al-meter	

that	is	set,	when	opera-ng	below	18,000	feet	MSL,	to	the	current	reported	al-meter	

sebng	of	a	sta-on	along	the	route	and	within	100	nau-cal	miles	of	the	aircraM.	In	the	

case	of	an	aircraM	not	equipped	with	a	radio,	the	eleva-on	of	the	departure	airport	or	an	

appropriate	al-meter	sebng	available	before	departure.	The	sUAS	will	reference	its	

al-tude	based	on	GPS	and	will	be	restricted	to	a	400’	AGL	ceiling.	The	PIC	will	also	verify	

GPS	eleva-on	from	mul-ple	ground	based	sources	prior	to	takeoff.	

IV. Section 91.151 Fuel Requirements for Flight in VFR conditions
Sec-on	91.151	states	no	person	may	begin	a	flight	in	a	rotorcraM	under	VFR	condi-ons	

unless	(considering	wind	and	forecast	weather	condi-ons)	there	is	enough	fuel	to	fly	to	

the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	to	fly	aMer	that	

for	at	least	20	minutes.	The	sUAS	ba\ery	powered	opera-onal	flight	-me	is	not	able	to	

incorporate	a	20	minute	reserve	window	following	successful	first	point	of	intended	

landing	due	to	current	ba\ery	capacity	limita-ons.	In	order	to	provide	adequate	reserve	

power	for	return	landing	the	sUAS	will	abide	by	a	12	minute	flight	-me	or	25%	of	

remaining	ba\ery	power,	whichever	happens	first.	

V. Section 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b)

These	sec-ons	only	apply	to	aircraM	with	an	airworthiness	cer-ficate,	Alex	Huppenthal	

requests	exemp-on	from	these	sec-ons	because	the	DJI	Phantom	3	and	Inspire	1	do	not	

require	airworthiness	cer-ficates.	Both	sUAS	are	in	accordance	with	FMRA	Sec-on	333	

for	opera-on,	absent	an	airworthiness	cer-ficate.	In	order	to	insure	proper	maintenance	

the	opera-ons	manual	will	be	cited	for	necessary	correc-ve	measures.	In	addi-on,	the	

PIC	is	the	person	most	familiar	with	the	aircraM	and	best	suited	to	maintain	the	aircraM	

in	an	airworthy	condi-on,	and	any	sUAS	conducted	maintenance	will	be	documented	for	

the	life	of	the	aircraMs.	

Public Interest

● Real estate agents will be able to review their listings with a unique 

perspective only available from sUAS photographic equipment, increasing 

customer satisfaction. 

● Solar energy designers and installers will safely inspect potential 

installation locations without putting themselves at risk in high elevation 

and sloping situations. 

● Farms and Ranchers will have the ability to survey their land in a timelier 

manner and better document the condition of their lands. 

● Natural Resource Managers will have aerial data to determine well head 

gas leakages and other particulate matter helping them conform to 

regulations.

● Search and rescue entities may call on me to utilize my service to help 

find lost persons and this may promote quicker rescue by helping locate 

those in need of aid from visual perspectives not otherwise available.

Public Safety

● Both sUAS will reduce air and noise pollution do to the aircraft being 

powered by a battery and brushless electric motors. 

● These small aircraft have less potential for harm should an 

emergency situation occur because of their size and weight. 
● The lack of combustible fuel also contributions to the safety of 

these sUAS.

Conclusion

Based on the criteria provided under the FMRA Section 333, Alex Huppenthal 

requests that the FAA grants him exemption from 14 C.F.R Sections 61.113(a) & 

(b), 91.119(b) and (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) in order to conduct contracted commercial sUAS 

operations using the DJI Phantom 3 and Inspire 1 for a wide range of industries 

and applications.

Please advise of any additional information or changes that may be required. 

Kind Regards,

Alex Huppenthal