November 29, 2015 

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave SE 

Washington, DC 2059 

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 

49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam, 

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under section 333 of 

the FAA Modernization and Reform Act of 2012, I, Keith Young, referred to hereafter as the petitioner, 

request exemption from the following sections of Title 14, Code of Federal Regulations: 

61.101(e)(4) & (5); 61.113(a) & (b); 91.9(b); 91.119(b) & (c); 91.121; 91.151(a); 91.215(b); 91.405(a); 

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

 

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) for the purposes of aerial photography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations that could be performed 

safely and more cost effectively with the use of small UAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations will be performed only at the request of 

and with the authorization and permission of clients or their authorized agents in order to facilitate 

commerce and raise awareness of the beneficial uses of small unmanned aerial systems. 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. The conditions identified and proposed by the petitioner are 

drawn from references 1-3. 

 

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following reasons; 

61.23(a) & (c), 61.101(e)(4) & (5) & 61.113(a) & (b); The petitioner requests relief in order to facilitate 

the utilization of pilots, who hold a Recreational or Sport Pilot (or greater) certificate and their

appropriate medical clearance. Any pilots operating under this exemption would be required to comply 

with any conditions as set forth and in a similar fashion to the previously granted exemptions. 

91.9(b); All operating documents, manuals, authorizations and exemptions will be kept in a binder colocated with the UAS Pilot in Command (PIC), the intent of the regulations are therefore achieved with

an equivalent level of safety.

91.109(a); The majority of UAS by design are developed with single operational control through the 

use of pre-determined GPS enabled waypoints programmed before or during flight in addition to the 

use of a single hand held transmitter or control station controlled by the PIC. The design does not allow 

for dual controls during flight training and therefore the exemption is requested to train operators, build 

experience, and maintain proficiency. An equal level of safety will be achieved by conducting all 

training in a stile environment. Training sessions will be accomplished separately from flights 

conducted for compensation or hire

91.119(b) & (c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted 
closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential 

persons, or objects that would not be possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods if required. 

 

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does 

not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude 

information. 

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief 

has been granted for manned aircraft to operate at less than the prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery 

power remaining in percent to the PIC. The UA batteries provide approximately 25 minutes of 

powered flight. Information provided in the operating documents discusses procedures regarding 

remaining battery power management. Those documents contain a condition in which the PIC will 

initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on 

proposed operations and the location of those proposed operations, the FAA found that a reduced 

minimum power reserve for flight in daytime VFR conditions was reasonable. 

91.215(b); The UAS to be used in the proposed operation does not come equipped with a transponder.

No transponder exists for the UAS, which can be installed. The petitioner requests relief from the 

exemption to the extent required to operate in areas in which a transponder is required according the 

applicable regulations in this part. The PIC will achieve an equivalent level of safety by complying 

with all provisions of the COA under which operations are to be conducted. By issuing appropriate 

NOTAMS and prior ATO coordination, an equivalent level of safety can be achieved as other manned 

aircraft, which receive authorization to fly in airspace where a transponder is required but not operable. 

In order to give proper notice to the ATO, the PIC will comply with the provisions of 91.215(d)(3). The 

UAS flown under this exemption will comply with all altitude limits and airport standoff distances 

required by COA, which mitigate hazards to aircraft controlled by the ATO in congested airspace.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 

(DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition 

for safe flight in accordance with the operating documents. The FAA found that adherence to the 

petitioner’s operating documents and the conditions and limitations specified, describing the 

requirements for maintenance, inspection, and record keeping, were sufficient to ensure that safety 

would not be adversely affected. 

The UAS

The petitioner plans on utilizing separate, but similar airframes from the DJI product line. The DJI 

Inspire 1/Pro and DJI Phantom 3 Advanced/Professional. These airframes are a "pro-sumer" grade 

small rotorcraft in the quadcopter configuration powered by electric motors each. 

DJI Inspire 1 – Weight 6.47lbs. Transmitter Frequency 2.4-2.83Ghz

DJI Phantom 3 Professional – Weight 2.82lbs. Transmitter Frequency 2.4-2.83Ghz

These airframes utilize an internal inertial measuring unit (IMU) with integrated barometric sensor 
augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It 

is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or PIC to monitor 

battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control 

camera angle. 

Failsafe modes of operation for either loss of signal (RC or GPS) or battery level. Altitude is limited 

and pre-programmed to not exceed 400ft AGL. Battery life limits flight times to approximately 20-25 

minutes for each airframe. The onboard flight controller will warn the pilot via telemetry and external 

lighting cues before reaching a low battery state. An automatic termination of flight and landing will 

be initiated when the battery reaches a predetermined low state. It is anticipated that flights will 

usually last less than 15 minutes. More information is available in product manuals which are 

identified below and accessible at the DJI support page (http://www.dji.com/support)

 

Risk Mitigation

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and Limitations section and 

believes that the procedures specified therein are reasonable and will be utilized in order to manage and 

mitigate risk and ensure public safety. A preflight checklist to ensure that the UA airworthiness will be 

verified before launch. Airworthiness will be maintained by performance of routine inspections before 

each flight, maintaining flight and maintenance logs to record time on failure-prone components. If 

inspection reveals a condition that affects the safe operation of the UAS, it will be grounded 

immediately and prohibited from operating until maintenance is performed and the UAS is found to be 

airworthy. The petitioner also holds an Airline Transport Pilot rating with a Class One Medical 

Certificate, and participates in an active drug testing program. As such I will maintain the highest safety 

standards, continue with constant hands on training in a controlled area away from the public, and 

utilize flight simulators. I will also maintain awareness of current airspace closures, Prohibited Areas 

and “NO DRONE ZONES” 

Public Interest

 

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact 

as compared to similar operations conducted with manned aircraft of greater proportions, carrying a 

crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property owners or their designees 

seeking an enhanced perspective for characteristics, amenities, and benefits of their desired 

photographic subjects that cannot be displayed through ground level videography/photography. Aerial 

photography is a valuable marketing tool that can lead to increased commerce and enhance personal 

photography. Crop surveying applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased costs. Aerial surveying and 

inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The 

petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis acting as 

an independent contractor. A visual observer will be utilized. Liability insurance will be obtained 

commensurate with the granting of this request for exemption. Flight data including UA flight time, 

Control Unit operation time, incident, accident, and details concerning any deviations from normal 

operations will be available to FAA for use in collecting data regarding the use of UAS as part of this 

application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or 

other means as required.
 

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, cinematography, 

videography, mapping, crop surveying, inspections and other flight operations”. The petitioner's 

business model is based on the idea of offering ad hoc small UAS services to individuals or companies

who wish to employ these services as a safe, effective, and legal option to enhance their business or 

hobby. The petitioner’s own market research shows pent up demand for these services currently exists 

in the real estate market and other markets are just beginning to emerge.

Adding to the level of safety and experience in these operations, the petitioner has experience in the 

radio control model aircraft hobby, 16 years of experience in general and military aviation and holds 

the following FAA Licenses and Ratings: 

Airline Transport Pilot Certificate (AMEL) 

Certified Flight Instructor - Multi Engine Land, Instrument Airplane

Private Pilot License (ASEL)

If you have any questions or wish for me to amend this request please do not hesitate to contact me. 

Thank you in advance for your time and consideration. 

Respectfully, 

Keith Young

335 Red Oak Airpark

Cabot, AR 72023

Manuals Used For Operations:

1) DJI Inspire 1 User Manual v1.8

2) DJI Inspire 1 Maintenance Manual v1.8

3) DJI Inspire 1 Safety Guidelines v1.0

4) DJI Phantom 3 Professional User Manual v1.6

5) Intelligent Flight Battery Safety Guidelines v1.4

References: 

1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the matter of the 

petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the matter of the 

petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in the matter of the petition 

of FLYING CAM INC