Page 1 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

Tom Kilpatrick

6412 Briarwood Lane

Nichols Hills, OK 73116-5612

May 4, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Avenue S.E.

Washington, DC 20590

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

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 

CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 

91.409(a)(2); and 14 CFR 91.417(a) and (b). 

Dear Sir or Madam: 

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

Part 11, Tom Kilpatrick, operator of an Unmanned Aircraft System (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of his

UAS, 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. 

Commercial operation of a UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner: 

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

land surveying, engineering and other related professional activities. 

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

cinematography and news gathering. 

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

owners or local government authority. 

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

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

5. Aerial photography and/or video, or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of persons or property. 
Page 2 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be 1) limited; 2) controlled; 3) predetermined; and 4) will 

provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. 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.” 

The name and address of the Applicant is: 

Tom Kilpatrick

Address: 6412 Briarwood Lane, Nichols Hills, OK 73116-5612

Phone: (405) 843-4947

Email: tomokc@cox.net

Regulations from which the exemption is requested: 

 4 CFR 21 subpart H

 14 CFR 45.23(b)

 14 CFR 61.113(a) and (b)

 14 CFR 91.7(a)

 14 CFR 91.9(b)(2)

 14 CFR 91.103

 14 CFR 91.109

 14 CFR 91.119(c)

 14 CFR 91.121

 14 CFR 91.151(a)

 14 CFR 91.203(a) and (b)

 14 CFR 91.405(a)

 14 CFR 91.407(a)(1)

 14 CFR 91.409(a)(2)

 14 CFR 91.417(a) and (b)

Tom Kilpatrick will operate the DJI Inspire 1, Model T600, with a total weight of 2,935 grams 

(6.47 pounds). The dimensions are 438mm x 451mm x 301mm (17.24 inches x 17.75 inches x 11.85 

inches). Under still air the maximum speed is no more than 22m/s (49 mph) with a cruising speed of 

11m/s (25 mph). The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal 

plane simultaneously. The DJI Inspire 1 has four motors, Motor Model DJI 3510, power by a 6-cell 

4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, 

in use. The DJI Inspire 1 will be controlled with the C1 remote controller with an operating frequency of 

2.400GHz – 2.483GHz. The live video feed will have an operating frequency of 5.728GHz – 5.850GHz. 

The Applicant will operate the UAS in line of sight within a closed off and predetermined area owned 

and operated by the property representative. 

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed operations 
Page 3 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

and the public benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. Accordingly the 

Applicant requests that the FAA grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. 

These limitations and conditions to which the Applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual 

(FOM) include: 

1. The UAS will weigh less than 55 lbs. 

2. The UAS will have a maximum operating speed of no more than 50 mph. 

3. Flight will be operated within line of sight of the Pilot in Command (PIC) or Visual Observer 

(VO). 

4. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time whichever occurs first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot (PIC), the Visual Observer (VO) 

and may include but not require a Camera Operator (CO). 

7. The UAS Pilot will be a designated Pilot in Command (PIC) and hold a Private Pilot’s License 

along with a Third Class or higher Medical Certificate. If the PIC feels another operator to be 

qualified with the necessary skills to be PIC and possess a Private Pilot’s License along with a 

Third Class or higher Medical Certificate, that person may be designated PIC provided they have 

a minimum of 20 hours of flight time with an identical model UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

10. The flights will occur no closer than a 5 mile radius of the geographical center/Airport Reference 

Point (ARP) of a tower-controlled or uncontrolled airport. 

11. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower-controlled or uncontrolled airport, the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other pertinent 

information. 

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, within the appropriate local Flight Standards District Office (FSDO) no more than 72 

hours but no less than 48 hours from the planned operation. 

13. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. With the advance permission of the FSDO, operations at closer range may be 

approved. 
Page 4 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date information 

for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice or two-way radio at all times. 

16. Written and/or verbal permission and permits will be obtained from territorial, state, country or 

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 

17. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and land 

autonomously. 

18. The UAS will have the capability to abort a flight in case of unpredictable obstacles, weather or 

emergencies. 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a)(1) 

Subpart H, entitled the Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 U.S.C. §44701(f) and Section 333 of the Reform Act both 

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 particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor 

passenger, carries no explosives materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. The FAA will have advance notice of all operations. These safety 

enhancement provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 CFR Par 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security posed 

by the UAS due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 CFR §25.23(b) Marking of the Aircraft

The regulation requires: 

When marks include only the Roman letter “N” and the registration number 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 two inches nor more than six inches high, the words “limited,” “restricted,” “light-sport,” 

experimental,” or “provisional” as applicable. 
Page 5 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

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

UAS will have no entrances to the cabin, cockpit or pilot station on which the word “Experimental” can 

be placed. Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” 

will be placed on the fuselage in compliance with §45.29(f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29(f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.” 

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113 (a) and (b), no person who holds a Private Pilot Certificate may act 

as Pilot in Command of an aircraft that is carrying passengers or property for compensation or hire. The 

Applicant may achieve an equivalent level of safety as achieved by current Regulations because the 

Applicant’s UAS do not carry any pilots, passengers or property. The risks attendant to the operation of 

UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC 

of the UAS will have a Private Pilot’s License along with a current Third Class or higher Medical 

Certificate exceeding the current safety levels in relation to 14 CFR 61.113 (a) and (b). Applicant

believes that the operation and limitations set forth in the FOM will equate to the safe operation of the 

UAS. 

14 CFR §91.7(a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft, for maintenance and use of safety checklists prior to each flight an equivalent level of safety 

will be provided. 

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

Section 91.9(b)(2) provides: No person may operate a US-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. The UAS, given its size and configuration 

has 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 maintained by keeping the flight manual at the ground control point where the 

pilot flying the UAS will have immediate access to it. 

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. The PIC will take all actions as stated in the FOM.
Page 6 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

14 CFR §91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual flight controls. UAS 

and remotely piloted aircraft, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety provided by the fact that neither a pilot nor passenger will be carried in the aircraft, and by the 

size and speed of the aircraft. 

14 CFR §91.119: Minimum Safe Altitudes

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. As this exemption 

is for a UAS that is a helicopter, and the exemption requests authority to operate at altitudes up to 400’ 

AGL, or not more than 200’ above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400’ AGL with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 400’ AGL, the UAS will not be operated more than 200 feet above the 

highest point on the structure. It will, however, be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their pre-obtained consent. 

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

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

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

filming activity, all affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighing far more than the maximum 55 pounds proposed 

herein and the absence of flammable liquid fuel, any risk associated with the operations if far less than 

those presented with conventional aircraft operating below 500’ AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

14 CFR §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 UAS may not have a barometric altimeter, but 

instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the safety checklist and live flight data monitoring, 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
Page 7 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

Section 91.151(a) prohibits an individual from beginning “...a flight in an airplane under VFR 

conditions unless (considering and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing, and, assuming normal cruise 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 battery powering the UAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirements in 14 CFR 91.151, UAS flights would be limited to less than 10 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight 

VFR conditions is reasonable. 

The Applicant believes that an exemption from 14 CFR 91.151 falls within the scope of prior 

exemptions. Operating the UAS, in a tightly-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 91.151(a) was intended to alleviate given the size 

and speed of the small UAS. Additionally, limiting flight to 10 minutes would greatly reduce the utility 

for which the exemption would be granted. The Applicant believes that an equivalent level of safety can 

be achieved by limiting flight to 30 minutes or 25% of battery power – whichever happens first. This

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in 

its limited operating area. 

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certificates and Registration

The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following: (1) 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 UAS fully loaded weighs no more than 55 pounds and is operated without an onboard pilot. 

As such, there is no ability to place or carry certification and registration documents or to display them 

on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them, to the extent that they are 

applicable to the UAS. 

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

These regulations require 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...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 
Page 8 of 8 Section 333 Exemption Request | Tom Kilpatrick | May 4, 2015

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

these sections will not apply to the Applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved 

because the UAS is very limited in size and will carry a small payload and operates only in restricted 

areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS 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. 

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the UAS manufacturer’s user manual. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initializing flight, and perform required 

maintenance as needed. If maintenance is required that exceed the abilities of the Applicant, it will be 

sent to the manufacturer or an authorized repair station for repair as needed. 

Additional Information

The Applicant, Tom Kilpatrick, has been involved in operating remote controlled aircraft since 

2014. Also, the primary pilot, Tom Kilpatrick, is an FAA licensed private pilot holding single- and 

multi-engine land ratings with instrument privileges, and a Second Class Medical certificate. 

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than 

adequate justification for the grant of the requested exemptions allowing the commercial operation of 

the Applicant’s UAS. 

Sincerely, 

Tom Kilpatrick

ENCLOSURES: 

DJI Inspire 1 User Manual

Flight Operations Manual (FOM)

Maintenance & Inspection Manual