January 5, 2016 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

Docket Management System 

1200 New Jersey Ave., SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Dear Sir or Madam: 

Attached please find Best Aerial Photos request, as a member of the Professional Aerial 

Photographers Association, International (PAPA), for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems 

("sUAS") for aerial imaging to include video and still photography. This exemption request is 

initially for the use of the Phantom 3 Pro sUAS manufactured by :Dn, an established sUAS 

company and in accordance with the sUAS training and certification program as administered by 

PAPA. 

Also attached to this letter is the equipment "Best Aerial Photos Flight Manual" (Manual), which 

outlines the operating requirements, limitations, and technical specifications for the Dll System 

as used by Best Aerial Photos; Best Aerial Photos has reviewed this Manual and has found it to 

be acceptable for sUAS operations. Applicant submits this manual as a Confidential document 

under 14 CFR 11.35 (b) as the entire Manual contains proprietary information that the applicant 

has not and will not share with others. The Manual contains operating conditions and procedures 

that are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et. seq. 

Thank you for your time and consideration, and please let me know if you have any questions. 

Sincerely, 

11~4 Vincent Vuoto 

Best Aerial Photos 

Owner 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
January 5, 2016 

Docket Operations, M-30 

U.S. Department of Transportation (DOT) 

Docket Management System 

1200New Jersey Ave., SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.15l(a); 91.405 (a) (1); 

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

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, Best Aerial Photos, an aerial photography and digital imaging company, 

on behalf of itself and its related affiliates under common ownership and control, hereby applies 

for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and 

still photography, 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. 

As detailed in this document and the attached Flight Manual, the requested exemption would 

permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the 

already best practices safety protocols followed by Best Aerial Photos during aerial photography 

operations in accordance with the training and certification provided by the Professional Aerial 

Photographers Association, International (PAP A). Best Aerial Photos is a member of the 

Professional Aerial Photographers Association-International (PAPA) and has a demonstrated 

record of safe operations in the National Airspace System (NAS). Principal employees have 

received ground school training and have logged well over 25 hours of sUAS flight operations. 

The Pilot In Command (PIC) proposed by Best Aerial Photos is an FAA licensed pilot with years 

of safe and successful aerial photography operations. Approval of this exemption would thereby 

enhance safety and fulfill 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." Section 333(c) of the Reform Act. 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
The name and address of the applicant is: 

Best Aerial Photos 

12 Hempstead Avenue 4R 

Rockville Center, NY 11570 

PIC-Vincent T. Vuoto, FAA Licensed Pilot (Commercial SEL, MEL, Instrument) 

PH: 800-6623686 

Email: contact@bestaerialphotos.com · 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 

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

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 109 

14 C.P.R. 119 

14 C.P.R. 121 

14 C.P.R. 91.151 (a) 

14 C.P.R. 91.203 (a) & (b) 

14 C.P.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.P.R. 409 (a) (2) 

14 C.P.R. 417 (a) & (b) 

L STATUTORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40 10 I of the Act, 

including sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

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. 49 U.S.C. §44701(t) See also 49 USC §4471l(a); 49 

USC §44704; 14 CFR §91.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider: 

• The sUAS's size, weight, speed, and operational capability; 

• Whether the sUAS operates within the visual line of sight of the operator 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
• Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports 

Reform Act §333(a). If the Secretary determines that a sUAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft 

in the national airspace system." Id §333(c) 

Best Aerial Photos' sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. 

They operate under normal conditions at a speed of no more than 70 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will 

operate only in the Pilot's visual line of sight at all times and will operate only within the 

controlled "Area of Operations" described in the Confidential Best Aerial Photos Flight Manual 

(Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the 

sUAS will "not create a hazard to users of the National Airspace System or the public." Reform 

Act Section 333 (b). 

Given the small size of the sUAS involved and the restricted and controlled environment within 

which they will operate, our application falls squarely within the zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of sUAS to commence immediately. Also, due to the small size of the 

sUAS, altitudes, and controlled areas in which the sUAS will operate, approval of the application 

presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly, Best Aerial Photos respectfully 

requests that the FAA grant the requested exemption without delay. 

D. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant 

safety precautions in low risk environments. 

The use of sUAS on aerial photography operations can significantly reduce the risk to 

photographers and participants. sUAS can inspect, photograph, and collect data on hard to get to 

areas that otherwise would require direct access or manned aircraft. 

Additionally, sUAS could replace the use of helicopters and small aircraft to produce imagery 

for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, 

and carry no combustible material on board, as opposed to the much larger conventionally 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
powered small aircraft. Shifting to sUAS from manned aircraft presents a marked safety increase 

for our workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection. The sUAS used by Best Aerial Photos use rechargeable 

lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are 

many hundreds of times heavier. 

III. EQUIVALENT LEVEL OF SAFETY AND SECURITY 

Best Aerial Photos proposes that the exemption requested herein apply to sUAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

protocols followed on imaging and photography operations conducted with conventional aircraft. 

Best Aerial Photos will be bound by the following limitations when conducting its sUAS 

operations under an FAA issued exemption: 

1. The sUAS will be less than 20 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 20 minutes. The operator 

calculates battery reserve, and will return the sUAS to the "Designated Safety Zone" with at 

least 20% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will normally be operated at an altitude of not more than 400 feet AGL, but never in 

controlled airspace without prior coordination and approval of ATC. 

5. Flights will not be conducted within the surface area of controlled airport airspace without 

prior coordination and approval of ATC. 

6. Flights will not be conducted within 5 miles of any uncontrolled airport without prior 

coordination and approval of the airport authority. 

7. Crew for each operation will consist of the sUAS Operator who will keep the sUAS within 

his visual line of sight at all times and a qualified Observer. 

8. The sUAS operator will be trained in flight, operations, and safety procedures as detailed in 

the Flight Manual~ 

9. The sUAS will only operate within a confined "Area of Operations" as defined in the Manual, 

including but not limited to evaluation of the airspace by reference to a current 1:500,000 

scale FAA Sectional Aeronautical Chart. The Manual also requires the establishment of a 

"Designated Safety Zone" for the flight operations area. 

10. A briefing will be conducted regarding the planned sUAS operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the Designated Safety Zone be present for this briefing. 

11. All onsite personnel will consent to the UAS flyover on site by waiver, and the Operator will 

obtain additional verbal or written consent of all persons who will be allowed within 100 feet 

of the flight operation. 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
12. Operator will have been trained in operation ofUAS generally and will have received up-todate information on the particular sUAS to be operated as required by the Best Aerial Photos 

Manual. 

13. Necessary written and/or oral permission from the relevant property holders will be obtained. 

14. All required permissions and permits will be obtained from territorial, state, country, or city 

jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 

15. If the sUAS loses communications or loses its GPS signal, it will have the capability to enter 

"loiter mode" and hover, reestablish satellite connection, and return to a predetermined 

location within the "Designated Safety Zone" and land. 

16. Best Aerial Photos personnel will be easily identified by law enforcement personnel and the 

Public through wearing a green fluorescent or blaze orange vest with Section 333 Grant and 

PAP A credentials prominently displayed within a weatherproof container on the persons 

back. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Operator operating the aircraft to have completed a 

sUAS flight training course of 25 hours before flying a sUAS (See the Best Aerial Photos 

Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing 

or cargo on board. The area of operation is controlled and restricted per prior planning and 

necessary coordination with the local FSDO if applicable, and all flights are planned and 

coordinated in advance as set forth in the Best Aerial Photos Manual. 

The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a controlled Area of Operation as set out in the Best Aerial Photos Manual. Like other 

civil aircraft, operations under this exemption will be tightly controlled and monitored by the 

Operator, pursuant to the Best Aerial Photos Manual requirements, and under the requirements 

and in compliance with local public safety requirements, to provide security for the Area of 

Operation as is currently done on· aerial photography operations. The FAA will have advance 

notice of all operations as required. 

The risks associated with the operation of the sUAS are therefore diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, and allowing 

operations of the sUAS as requested, with an operator who has met the minimum requirements 

stated in the Best Aerial Photos Manual, achieves the level of safety contemplated by 14 C.F.R. 

§61.113 (a) & (b). 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
7 

14 C.F.R. 91.103: Preflight Action 

This regulation requires that each Operator in Command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take 

separate preflight actions, including checking for weather conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the Preflight 

Checklist in the Best Aerial Photos Manual. These actions will provide an equivalent level of 

safety. 

14 C.F. R. 91.119: Minimum/Maximum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This 

exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and 

vertical landing, which will typically operate at altitudes of less than 400 AGL, so an exemption 

may be needed to allow such operations. The sUAS will never operate at altitudes higher than 

the base of controlled airspace without prior approval and coordination with ATC and will be in 

a Controlled Area with a unesignated Safety Zone", where buildings and people will not be 

exposed to operations without the specified pre-obtained consent. (See Best Aerial Photos 

Manual for detailed procedures.) 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well 

as the location where it is operated. No flight will be taken without the required permission of the 

property owner or local officials. Because of the advance notice to the property owner and any 

onsite personnel, as outlined in the Best Aerial Photos Manual, all affected individuals will be 

aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft 

weighing far more than the maximum 20 lbs. proposed herein, our sUAS will not carry 

flammable fuel. In addition, the low-altitude operations of the sUAS will ensure separation 

between sUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

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." As the sU AS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the Best Aerial Photos Manual and Safety Check 

list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in controlled environments as outlined in the Best Aerial Photos 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151 

(a) 

The battery powering the sUAS provides approximately 20 minutes of powered flight To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would necessarily be 

impossible to conduct Given the limitations on the sUAS's proposed flight area and the location 

of its proposed operations within a predetermined area, a shorter time frame (less than 30 

minutes) for flight in daylight or night VFR conditions is reasonable. 

Best Aerial Photos believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.15l(a)). Operating the small sUAS, in a controlled area where 

only people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.15l(a) was intended to alleviate given the size and speed of the small UAS. 

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery 

reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as 

determined by the onboard monitoring system and the operator), whichever happens first This 

restriction would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 

14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) & (b): Maintenance inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in the 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 ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Best Aerial Photos. Maintenance will be accomplished by the 

operator and pursuant to the flight manual and operating handbook as referenced in the Best 

Aerial Photos Manual. An equivalent level of safety will be achieved because these small sUAS 

are very limited in size and will carry a small payload and operate only in controlled areas for 

limited periods of time. If mechanical issues arise, the sUAS can land immediately even if 

operating at a maximum of 1200 feet AGL. As provided in the Best Aerial Photos Manual, the 

operator will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety. 

Pursuant to C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Professional Aerial Photographers Association-International Section 333 Doc 16-002 
Applicant seeks an exemption from the following rules: 14 C.F.R. § 21, subpart H; 14 C.F.R. 

4S.23(b ); 14 C.F.R. §§ 61.113(a) & (b); 91.7 

(a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less) in aerial photography operations. 

Approval of exemptions allowing commercial operations of sUAS in the aerial photography 

industry enhances safety while reducing risk. Manned aircraft still photography and video may 

create a greater risk because the craft are much larger, have combustible fuel, and carry an 

onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights. 

The operation of small sUAS, weighing less than 20 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or public property with the property owner's prior consent and 

knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise having agreed to be in the area where aerial photography will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, oprrating capabilities, proximity to airports and populated areas and operation within 

visual lin~ of sight and national security - provide more than adequate justification for the grant 

of the ~ested exemptions allowing commercial operation of applicant's sUAS in the aerial 

photograpl y industty pursuant to the Manual appended hereto. 

I 

~i~~rely,l 

/~ 

Vincent~~ Best Aeri~ Photos 

Owner j 

I 

I 

Professi9nal Aerial Photographers Association-International Section 333 Doc 16-002 i 

I 
FEDERAL AVIATION ADMINISTRATION 

Public Guidance for Petitions for Exemption Filed under Section 333 

This document provides guidance to people who are interested in submitting a petition for 

exemption to the FAA to operate unmanned aircraft in the National Airspace System (NAS). 

Specifically~ this document outlines the FAA's exemption process and describes the information 

petitioners should submit to the FAA in a petition for exemption. This information will assist the 

FAA in determining whether to grant relief from its regulations and will assist the Secretary of 

Transportation with determining whether to grant relief from airworthiness certification 

requirements under the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 

14:> 2012:> Section 333. 

BACKGROUND: 

The FAA's continuing mission is to provide the safest, most efficient aerospace system in the 

world. However, the National Airspace System (NAS) is not static and must constantly adapt to 

new technologies and applications, as evidenced by the proliferation of unmanned aircraft 

systems (UAS). Because UAS are inherently different from manned aircraft, introducing UAS 

into the nation's airspace is challenging for both the FAA and aviation community. 

In the FAA Modernization and Reform Act of2012, Public Law 112-95 (P.L. 112-95), Congress 

mandated the safe and expedient integration ofUAS into the NAS. 

For public operation- including national, state, and local government agencies, as well as public 

universities- the FAA issues a Certificate of Waiver or Authorization (COA) permitting public 

agencies and organizations to operate a particular UAS, for a specific purpose, in a designated 

area. The objective is to issue a COA with terms that ensure an equivalent level of safety to 

manned aircraft operations. Usually, this entails several safety mitigations including, but not 

limited to, requiring that the UA not operate in a congested area and is observed either by 

someone in a manned aircraft or someone on the ground. Public operators self-certify the 

airworthiness of the UAS design. 

Civil UAS operators have the option to obtain FAA airworthiness certification. They may apply 

for a special airworthiness certificate in the experimental category under Title 14 of the Code of 

Federal Regulations (14 CFR) § 21.191 for the purposes of research and development, crew 

training, or market survey. They may also apply for type certification under§ 21.17(b) (for a 

standard airworthiness certificate in the special class category) or § 21.25 (for a special 

airworthiness certificate in the restricted category). 

1 
Recognizing the demand to expedite integration ofUAS into the NAS, the FAA is developing a 

regulatory framework for safely integrating UAS into routine NAS operations. The first stage in 

this process will be accomplished by the small U AS rule. 

The FAA's authority to issue exemptions from operating rules, and the Secretary's authority 

granted by Section 333 ofP.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems, 

provide an opportunity to authorize certain UAS operations in the NAS prior to implementation 

of the small UAS rule. This incremental step provides a pathway for civil operators who desire 

safe and legal entry into the NAS. 

2 
TERMS OF REFERENCE: 

1. Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, 

United States Code ( 49 USC) § 401 02) 

2. National Airspace System (NAS): the common network of U.S. airspace; air navigation 

facilities, equipment and services, airports or landing areas; aeronautical charts, information 

and services; rules, regulations and procedures, technical information, and manpower and 

material 

3. Operational Control: with respect to a flight, means the exercise of authority over 

initiating, conducting or terminating a flight (14 CFR § 1.1) 

4.. Pilot in Command (PIC): the person who has final authority and responsibility for the 

operation and safety of the flight; has been designated as PIC before or during the flight; and 

holds the appropriate category class and type-rating, if appropriate, for the conduct of the 

flight (14 CFR § 1.1) 

5. Unmanned aircraft (UA): any aircraft that is operated without the possibility of direct 

human intervention from within or on the aircraft (P.L. 112-95!> Section 331) 

6. Unmanned Aircraft System (UAS): an unmanned aircraft and associated elements, 

including communication links and the components that control the unmanned aircraft, that 

are required for the pilot in command to operate safely and efficiently in the national airspace 

system (P.L. 112-95, Section 331) 

7. UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air 

Traffic Organization to an operator for a specific unmanned aircraft activity 

8. Visual Line of Sight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual 

contact between a pilot in command and an unmanned aircraft sufficient to maintain safe 

operational control of the aircraft, know its location, and be able to scan the airspace in which 

it is operating to see and avoid other air traffic or objects aloft or on the ground 

3 
INTRODUCTION: 

Section 333 grants the Secretary of Transportation authority to determine: 

1. If an unmanned aircraft system, as a result of its size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line 

of sight does not create a hazard to users of the national airspace system or the public 

or pose a threat to national security; and 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under 49 USC§ 44704, is required for the operation of unmanned aircraft 

systems identified under paragraph (1 ). 

Although Section 333 provides limited statutory flexibility relative to 49 USC § 44704 and § 

44711 for the purposes of airworthiness certification, it does not provide flexibility relative to 

other sections of 49 USC or Federal Aviation Regulations. 

For example,§ 44711 requires that all aircraft, including UAS, be registered in accordance with 

part 47 of the regulations and must provide identification markings in accordance with part 45, 

Subpart C. 

Because UAS are aircraft, they are subject to the noise certification and testing requirements of 

part 36. However, if a determination is made under Section 333 that an airworthiness certificate 

is not required, noise certification and testing will also not be required for the subject aircraft for 

the term of the exemption. When the finding required by Section 333 cannot be made, the 

requirements of part 36 continue to apply. 

Section 333 does not provide flexibility for the statutory requirement to hold an airman 

certificate under§ 44711. Therefore the PIC, who has final authority and responsibility for the 

operation and safety of the UAS flight, must possess the appropriate airman certificate as 

prescribed by 14 CFR part 61· for the proposed operation and the appropriate medical certificate 

as prescribed by 14 CFR part 67. 

Furthermore, the Transportation Security Administration (TSA) conducts security screenings of 

certificated airmen. UAS operations authorized under Section 333 will only be conducted by 

airmen with valid airmen certificates, which have been screened by TSA, thereby meeting the 

statutory requirement in Section 333 for operations to not pose a threat to national security. 

Because Section 333 provides limited relief from certain certifications or authorizations, UAS 

operators must comply with all other applicable regulations concerning the operation of aircraft 

unless otherwise exempted by the FAA. 

UAS operations conducted for purposes other than hobby or recreation are subject to the 

regulations in 14 CFR. In addition to petitioning for the relief afforded under Section 333, UAS 

4 
operators must petition for exemption from regulations applicable to the specific circumstances 

of their operations with which they believe they are unable to comply. If a petitioner has any 

questions with regard to the applicability of Federal Aviation Regulations, s/he is encouraged to 

discuss with FAA officials prior to submitting an exemption request Prior to commencing 

operations, the operator will need to obtain an exemption and a COA from the FAA. More 

infonnation about the exemption process is available here. Additional guidance for preparing 

petitions for exemption under Section 333 authority and applying for COAs is provided below. 

The FAA will only grant exemptions for UAS under the operational control of the petitioner 

(person or organization). Exemptions will not be granted to a UAS manufacturer unless the 

manufacturer intends to maintain operational control of the UAS. 

PREPARING A PETITION FOR EXEMPTION: 

The FAA's mission is to provide the safest, most efficient aerospace system in the world. The 

use of aircraft that have not been subject to an airworthiness certification process may introduce 

unique safety risks with respect to the NAS that must be appropriately mitigated prior to 

authorizing operation. In order for the FAA to consider a petition for exemption, the petition 

must meet the requirements of 14 CFR § 11. 81. In order to make an effective evaluation of the 

requested relief, the FAA will need to analyze the petitioner's proposed UAS operation with 

regard to safety. The following information will be considered in making that evaluation: 

Regarding the Unmanned Aircraft System 

1. Petitioners should describe how the proposed UAS operation will be safely conducted to 

minimize risk to the NAS or to persons and property on the ground. Specifically, 

petitioners should describe the design and operational characteristics for the type(s) of 

UAS they intend to operate, e.g. aircraft performance and performance limitations, 

operating procedures, and aircraft loading information in as much detail as possible. This 

could be provided in the petition or in an Aircraft Flight Manual or similar document. 

NOTE: The FAA will consider all infonnation and data submitted by the 

petitioner that describes the UAS developmental and operational history. This 

could include statistical data or other documentation for the specific design and 

performance characteristics of the UAS, including the operational history and 

operational failure modes, obtained through previous Research & Development 

(R&D) and/or flight test activities, e.g. operations conducted under a CO A, with a 

civil airworthiness certificate, or under other authorized operating conditions. 

2. Petitioners should describe any procedures they would implement, such as pre-flight 

inspections, maintenance, and repair, to ensure that the UAS is in a condition ·for safe 

flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance 

and Inspection Manual, or similar document. 

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NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may 

be separate documents or combined in a single document 

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of the 

UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and 

whether it complies with Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

NOTE: Petitioners should be able to provide the FCC approval letter or show 

compliance with FCC requirements upon request. 

Regarding the Unmanned Aircraft PIC 

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly 

responsible for the operation of the UAS, including information such as: the level of 

airman certificate held; any applicable training related to the operation; and any minimum 

hours of flight experience required by the PIC(s), both total flight time and the time with 

the particular UAS. If the operation would use visual observers, petitioners should 

describe their roles and qualifications. 

5. Petitioners should describe the medical standards and certification of the PIC(s) directly 

responsible for the operation of the UAS. 

Regarding the Opetation of the Unmanned Aircraft 

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should 

describe how the proposed operation(s) would not adversely affect safety, or how they 

would provide a level of safety at least equivalent to that provided by the rule from which 

exemption is sought. Petitioners should address any plans to implement clearly defined 

operational borders and procedures to ensure public safety, which includes persons and 

property both in the air and on the ground. This can be described in the petition, in an 

Operations Manual, or similar document. 

NOTE: The FAA will closely examine the proposed operation(s) with respect to 

safety of flight, NAS safety considerations, and the safety of the non-participating 

persons and property during the operational period and within the operational 

area. 

7. Petitioners should specify the proposed maximum operating speed and altitude, and 

describe minimum flight visibility and distance from clouds for their intended 

operation(s). Petitioners should describe potential hazards and safety mitigations 

associated with these proposed conditions. These issues can be addressed in the petition, 

an Operations Manual, or similar document. 

8. Petitioners should describe the characteristics of the area of intended operation(s) and the 

associated potential hazards, in accordance with the statutory mandate under Section 333 

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regarding proximity to populated areas. These issues can be addressed in the petition, an 

Operations Manual, or similar document. 

9. Petitioners should describe if they intend to operate in the proximity of any airports, in 

accordance with the statutory mandate under Section 333 regarding proximity to airports. 

10. The UAS must be operated within visual line-of-sight (VLOS), in accordance with the 

statutory mandate under Section 333(b )(I). Petitioners should describe how they intend to 

comply with his mandate. 

11. Petitioners should describe any procedures they would implement for conducting a 

preflight safety risk assessment to determine that the UAS is in a condition for safe flight 

(14 CFR § 91.7(b)) and that the planned operation can be completed safely. These 

procedures can be addressed in the petition, an Aircraft Flight Manual, Operations 

Manual, or similar document. 

12. If petitioners intend to conduct operations which have existing requirements to notify 

Flight Standards District Offices (FSDOs) prior to operations- such as motion picture 

and television filming, or pipeline and powerline patrol -petitioners should describe their 

intended coordination in this regard for their proposed operation(s). 

13. The FAA intends to require entities who obtain an exemption under this process to also 

obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS. The COA application is 

available here. 

In seeking authorization, petitioners will require exemptions from regulations with which they 

cannot fully comply. The table below provides guidance regarding regulations from which a 

petitioner may require exemption. However, some proposed operations may require exemption 

from regulations not listed here, while others may not require exemption from all regulations 

listed here. 

14 CFR SUMMARY OF REGULATION 

PART 

91.105 

91.109 instruction 

91.119 Minimum safe altitudes 

91.121 Altimeter settltn~s 

91.151 Fuel requirements for flights in VFR conditions 

91.405 Maintenance reQ'WO:~Cl 

91.407 Operation after maintenance 

91.409 Inspections 

91.417 Maintenance records 

"J? P'\T Q/?(i/")01 A. 

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FILING A PETITION FOR EXEMPTION: 

A petition for exemption is prepared and filed in accordance with 14 CFR § 11.81. The 

regulations in 14 CFR establish appropriate safety standards for aircraft, operators, and 

crewmembers. If a proposed operation can be performed in full compliance with aviation safety 

regulations, an exemption is not routinely granted. 

To allow the FAA to thoroughly evaluate each request, petitioners should allow at least 120 days 

for processing and review of any exemption requests. 

Petitions for Exemption and any supporting materials should be submitted using any of the 

following methods: 

(1) Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online 

instructions for sending your comments electronically (a petition is submitted as a comment); or 

(2) Mail: Send your petition to Docket Operations, M-30; U.S. Department of Transportation 

(DOT), 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor, 

Washington, DC 20590-0001; or 

(3) Hand Delivety or Courier: Take your petition to Docket Operations in Room W12-140 of the 

West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, except Federal holidays; or 

. ( 4) Fax: Fax your petition to Docket Operations at 202-493-2251. 

If you already have received a docket number, you must reference that docket number in your 

request. 

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