David Cunningham

8515 Brodie ln Apt# 1223

Austin TX 78745

(512) 300-8335

DavidCun85@yahoo.com

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform act of 2012 (The Reform Act), I, David 

Cunningham (Applicant), a Freelance photographer and multimedia Producer, hereby apply for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of Small 

Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) 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 requested exemption would permit David Cunningham to peruse his commercial interests in 

providing services to his client base using an advanced sUAS in the following areas: Real Estate, 

Marketing, Special events, Cinematography, videography and other operations that could be performed 

safely and more cost effectively with the use of sUAS at low altitude in National airspace system as 

compared to manned aircraft. The Applicant states that all flights will occur over private or controlled 

access property and will do so with the property owner’s consent and knowledge. Only people who have 

consented or otherwise have agreed to be within the radius of the sUAS during filming and photography 

applications will be present during operation.

All Flights will occur in ordinance with any state or local laws regarding privacy. 

The Regulations from which the exemption is requested are as follows

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. 61.133 (a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) &(c); 14 C.F.R. 91.103;

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) &(b); 14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) 

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set 

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

Types of Operations

 Real Estate: Photography and videography for residential and commercial properties.

 Marketing: Use of low altitude Photography and videography for the benefit of the end user.
 Special Events: Provide a unique angle of events without the dangers associated with larger 

manned aircraft.

 Cinematography: Low altitude shots for the film industry providing a more cost effective and 

safer operation than manned aircraft or other methods such as lift trucks, cranes or booms.

 Videography: Allowing for a safe and cost effective way for aerial shots of weddings, 

engagement photos, deposition photos or action sports. 

 Corporate Use: Individual companies seeking to have their product or service viewed from 

unique and previously unobtainable angles.

Qualifications for Approval under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied.

The proposed operations would permit the use of sUAS under controlled conditions in air space that is 

(1) limited; (2) Predetermined; (3) controlled as to access, and; (4) would provide an increased level of 

safety as compared to a fixed or rotor wing aircraft used to accomplish the same purpose.

1. Safety will be the first and foremost concern in all sUAS operations.

2. The sUAS (DJI Phantom 3 Professional) will weigh less than 55 lbs. including payload. (1280 g. as 

advertised)

3. The sUAS may not be operated at a speed in exceeding 87 knots (100 miles per hour). In no case 

will the sUAS be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer. (36 mph as advertised)

4. The sUAS Pilot will be considered the Pilot in Command (PIC) and will be responsible for the safe 

operation of the flight.

5. All Flights will be operated in Line of sight of the Operator and/or observer.

6. Flights will be operated at no more than 400 feet above ground level (AGL).

7. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual 

Flight Rules (VFR).

8. The Applicant will be present at all operations and when needed a secondary pilot/observer will 

be brought in to assist in the safe operation of the sUAS.

9. The sUAS will give way to any manned aircraft.

10. Prior to flight an area of operation will be established. This area of operation will include a 

defined lateral and vertical area, where the sUAS will operate. Safety procedures will be 

established for persons, property, and applicable airspace within the area of operation.

11. Flight planning will include flight completion with a minimum 20% battery power remaining as 

measured by the sUAS or appropriate timing.

12. The sUAS will be equipped with an auto pilot system. For example, the sUAS will use GPS 

navigation for stability and reliability. Return to home (RTH) will allow the sUAS to return to a 

designated spot automatically if there is signal loss at any point during flight. A ground station 

will be connected, by radio communication, to the sUAS during the entire flight, which will give 

the PIC flight information such as GPS position, altitude, battery remaining and other telemetry 

information.
13. A briefing will be conducted in regard to the planned sUAS operations prior to the operation at 

each new location. All personnel who will be performing duties within the boundaries of the area 

of operation will be present for this briefing.

14. All permissions and permits will be obtained from appropriate state, county, or city jurisdictions, 

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

15. Written, to include electronic, and/or oral permission from the relevant property owners will be 

obtained prior to an operation.

16. The sUAS pilot will be trained in advanced for the safe operation of the sUAS to be operated. This 

will include operation of the sUAS in both normal and emergency modes of operation, and will 

include familiarization with the operation manual (or similar) if published (see attached DJI 

phantom 3 Professional Manuel) by the sUAS manufacturer. A copy of the operation manual will 

be on site for all operations.

It is the applicant’s belief that the size, weight, speed, operating environment, and operating 

capabilities provide an “equivalent level of safety” or better when operating a sUAS for public 

interest as outlined in section333 of the Reform Act. It is requested that the FAA issue an exemption 

to permit safe, legal, commercial sUAS operation by the applicant.

Appendix A

Exemption Requests an Equivalent Level of Safety

The applicant requests an exemption from the following regulations as well as and additional 

regulations that technically apply to the operation of sUAS’s:

14 CFR Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness, part 21, sub part 

H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (less than 

55 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through 

the certificate of airworthiness process under part 21 sub part H to achieve or exceed current safety 

levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act authorize the FAA 

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the sUAS 

involved.

In this case, and analysis of the criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under conditions proposed herein, will be at least as safe, or safer, than 

conventional aircraft (fixed wing or rotor craft) with an airworthiness certificate. The sUAS weighs 

less than 55 lbs. fully equipped (1280 g.). The sUAS will not carry a pilot or passenger, nor will it 
contain any flammable fuel, and will operate exclusively within an area pre-disclosed and in 

compliance with conditions set forth herein. Operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to the conditions set forth herein, and by 

local public safety requirements. Advanced notice will be given to the FAA of all operations through 

the filling of NOTAMs. Receipt of the prior permission of the land owner, size of the aircraft, lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there establish 

an equivalent level of safety. The sUAS provides at least an equivalent, and most likely exceeds, level 

of safety compared to operation being conducted with conventional aircraft whether it be fixed wing 

or rotorcraft that would be orders -of-magnitude larger and would be carrying passengers, cargo and 

flammable fuel.

14 CFR. § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter "N" (denoting United States registration) followed by the registration number of the aircraft. 

Each suffix letter used in the marks displayed must also be a Roman capital letter.

(b) When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, the words `limited," 

"restricted," “light-sport," "experimental," or "provisional," as applicable. 

Regulation 91.9(c) provides: No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with part 45 of this chapter.

The sUAS has no entrance to the cabin, cockpit or pilot station on which the markings can be placed. 

Given the size of the sUAS it would be physically impossible to use two-inch lettering to mark the 

craft. The applicant has marked the craft with the name of the organization, origin and the 

Registration number provided by the FAA (in the battery compartment as long as it can be accessed 

without the use of tools) and will fulfill any other requests by the FAA to this topic in accordance to § 

45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the 

sUAS.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 7838, 10167, 

1067A and 10700

14 CFR § 61.113(a) & (b); 61.133(a): Private pilot Privileges and

Limitations; Pilot in Command; Commercial Pilot Privilege and 

Limitations.

Section 61.113(a) &(b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the sUAS in this case is remotely controlled with 

no passengers or property of others on board. Section 61.133(a) requires an individual with a 
commercial pilot's license to be pilot in command of an aircraft for compensation or hire. The 

applicant respectfully proposes that operator requirements should take into account the 

characteristics of the particular sUAS. Most sUAS autopilot's have a high degree of pre-programmed 

control and various built-in technical capabilities that strictly limit the potential for operation outside 

of the operating conditions set forth in the exemption application. Hands-on experience with the 

sUAS are a far more effective guarantee of flight safety than a commercial pilot certificate would be, 

until the FAA Pilot Certificate requirements catch up to the sUAS technology.

The sUAS autopilots have an all-digital software platform with advanced features previously 

restricted to full size unmanned aircraft. Automated features and advanced fly-safe controls enable 

safe, reliable operation, as well as advanced networking capabilities and system extensibility.

 The system allows for a fully autonomous flight along a pre designated route or the ability to 

fly in manual mode.

 Flight time and battery levels (displayed in percentage and minuets) are displayed at all

times. The system will return home and land automatically next to the PIC if userconfigurable limits are reached. As stated previously, flight safety is the number 1 priority, no 

matter the operating environment or project. sUAS offer superior safety over manned 

aircraft by removing the need for personnel on board in potentially dangerous situations. 

With multiple built-in safety features, sUAS platforms lead manned aircraft with respect to 

safety.

 The sUAS automatically detects potential issues – with configurable automated response 

behavior such as return-home-and-land routine.

 The sUAS self-calibrate all of their sensors and perform required failsafe pre-flight tests prior 

to takeoff to check for errors.

 The sUAS have the ability to set up no-fly zones or create a virtual fence in an area of 

operation so that the sUAS can’t fly vertically or horizontally beyond the preplanned flight

area.

 The sUAS auto detect a lost GPS signal, warns the PIC and initiates an immediate landing.

 Low battery on the sUAS trigger a Non-Fatal Warning alarm to return home and replace the 

battery. A second alarm will sound if the sUAS auto detects the battery is extremely low and 

will immediately initiate return-to-home-and-land.

 If sUAS detect a lost-link to the ground station the sUAS will perform it pre-defined Non-Fatal 

Condition Response, such as return-to-home-and-land.

Given these safety features, the applicant proposes that operators of sUAS with these features should 

not be required to hold a commercial or private pilots certificate. Instead, operators should be required 

to:

 Have completed a training program for operation of the sUAS, if available.

 Have completed 15 hours (or 150 flights) of training on the sUAS and/or simulator before 

commencing commercial operations. The applicant notes that the FAA has found that safety 

factors permitted operation of sUAS’s by operators with these qualifications in the case of 

operations pursuant to public COAs where the mandatory operating conditions specified above 

are present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft 

Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory 

authority, granted at 49 U.S.C.§44701(f) to waive the pilot requirements for commercial 

operations.
Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the sUAS without a private pilot's certificate or a commercial pilot's certificate, under the 

conditions set forth herein. 

The risks associated with the operation of the sUAS (given its size, speed, operational capabilities, and 

lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations 

or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), 

that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety 

provided under 14 C.F.R. § 61.113(a) &(b) and does not rise to the level of requiring a commercial pilot 

to operate the aircraft under § 61.133(a). 

14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Should the exemption be granted allowing commercial operation of sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the 

previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring 

compliance with the given sUAS manuals and use of safety checklists prior to each flight.

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

The regulation provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.

Given the size of the sUAS, they have no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item 

on the aircraft. The equivalent level of safety will be achieved by keeping a flight manual at he the 

ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR § 91.103: Preflight action 

This regulation requires each pilot in command 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. An equivalent level of safety will be provided by following a comprehensive preflight 

checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing 

and takeoff distances and aircraft performance data before initiation of flight.

14 CFR § 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. 

Because aerial real estate, videography, cinematography and other marketing operations must be 

accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from 

Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and 

material with which sUAS are built. Also, no flight will be taken without the permission of the land 

owner or those who control the land. Because of the advance notice to the landowner/manager, all 

affected individuals will be aware of operations taking place in their vicinity. Compared to aerial 

photography operations conducted with aircraft or rotorcraft weighing far more than 151bs. and 

carrying flammable fuel, any risk associated with these operations will be far less than those currently 

allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude 

operations of the sUAS will maintain separation between these sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. 

Some sUAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. 

When a barometric pressure sensor is on the sUAS, it is typically "zeroed" at the point of take-off; this is 

right next to the PIC and not at a departure airport. The altitude reading will be relative to that point and 

not a known elevation. The equivalent level of safety will be achieved by the PIC confirming the 

elevation or altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry on 

the Ground Station at all times and will be constantly monitored by the PIC during the entire flight 

operation.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning 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; or (2) At night, to fly after that for at least 45 minutes." The different sUAS batteries provide 

a variety of powered flight times. An exemption from § 14 CFR 91.151 is therefore required. 

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior 

exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not engender 

the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the 

sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In the 

unlikely event that the sUAS should run out of fuel, it would simply land automatically using the auto 
fail-safe. Given its weight and construction material, the risks are less than contemplated by the current 

regulation. 

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of reserve 

fuel (battery), which would be more than adequate to return the sUAS to its planned landing zone from 

anywhere in its operating area. If the battery happened to drop below 20% it would automatically

initiate the return-to-home-and-land built in failsafe.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 

5745, 10673 and 10808.

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

Registration 

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it has ... an 

appropriate and current airworthiness certificate. 

(b) 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 §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weigh less than 55 lbs. (1280 g.) As such, there is no ability or place to carry 

certification and registration documents or to display them on the sUAS. In addition, there is no pilot on 

board the aircraft. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access to them. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance 

Inspections.

Section 91.405(a) requires that an aircraft operator or owner "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 ..." 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner 

or operator to keep records showing certain maintenance work that has been accomplished by 

certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return 

to service.

The sUAS are nearly maintenance free, they perform automatic pre-flight checks and the failure of any 

check will prevent take-off. Checks which cannot be done by the system will be performed by a qualified 

person prior to each flight and at predefined intervals as part of a maintenance schedule.
Pre-flight checklist includes:

1.Visual inspection of the airframe 

2.Visual inspections of rotor integrity 

3.Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. 

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

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

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

condition and to ensure an equivalent level of safety. If mechanical issues arise, the UAS can land 

immediately due to the predetermined area of operation. Moreover, the UAS's small size, carrying 

capacity, and the fact that flight operations will only take place in restricted areas for limited periods of 

time, create less risk than the same factors associated with conventional fixed-wing aircraft and 

rotorcraft performing the same operation.

The UAS: The DJI Phantom 3 

The Phantom 3 is a small rotorcraft in the quadcopter configuration with an advertised weight of 1280g 

and is equipped with a custom high definition camera. It has an advertised maximum speed of 36 mph. 

It is powered by 4 electric motors. The DJI Phantom 3 Professional uses a 3 axis gimbal with an 

integrated 4k camera. The use of sUAS would ultimately provide a tool that is far safer, more cost 

effective and more timely than other methods. The primary purpose of seeking exemption is to obtain 

the capability to offer those services while remaining in compliance with FAA regulations. The sUAS

utilizes 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 also controlled in 

hover by Vision Positioning System that senses the ground. It is controlled primarily through an FCC 

certified radio control (RC) unit. Real time video and telemetry information are transmitted back to a 

ground control unit allowing the operator and/or PIC to monitor battery level, GPS signal strength, 

altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has fail-safe modes of 

operation for either loss of RC or GPS signal. Altitude can be limited by the on-board flight controller and 

maximum altitude can be programmed by the PIC (400 ft.). Battery life limits flight times to 

approximately 25 minutes. The on-board 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. A return-to-home (RTH) feature can be 

manually initiated with the press of a button and automatically initiates when the battery drops to 10% 

or lower. It is anticipated that flights will usually last less than 20 minutes when allowing a 20% battery 

life to return to the home point.

Risk Mitigation

The Appliocant has reviewed FAA exemptions reference’s 13 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 will be developed and employed 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. The petitioner request that in a manner similar to reference 3, he be 

allowed to operate within 5 miles of an airport provided that:

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The 

UA may not operate within 5 nautical miles of the geographic center of a non-towered airport as 

denoted on a current FAA published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the applicants is requesting 

a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the 

need arise.

Public Interest

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

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

and flammable fuel. The sUAS due to its small size would also allow for low altitude shots that would be 

extremely dangerous or impossible to get with the use of manned aircraft. Additionally, use of the sUAS

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. Areas not accessible by foot or too damaged 

to safely reach data will be able to be rapidly documented. 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 when the safety of the operation dictates as such (when line of sight cannot be 

maintained by the PIC due to topography or structures in the area of operation). 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.

Summary of Section 333 Exemption Request

The applicant is requesting this exemption for the purposes of aerial photography, videography, 

cinematography, real estate photography and other marketing purposes and other operations that may 

be needed in the future. The request for several uses of the sUAS is to allow for future demand to be 

met without the need for additional exemption to be filed. There is already a high demand for real 

estate photography, videography, and cinematography.
Use of an sUAS would ultimately provide a tool that is far safer, more cost effective and more timely 

than other methods. The Primary purpose of seeking exemption is to obtain the capability to offer those 

services while remaining in compliance with the FAA regulations.

Sincerely,

David Cunningham