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Jason	Galloway

193 Morton	Rd.

Springfield,	PA	19064

610-721-2193

jasgal@gmail.com

November	23, 2015

U.S.	Department	of	Transportation	

Docket	Management	System	

1200	New	Jersey	Ave.,	SE	

Washington,	DC	20590	

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

Aviation	Regulations	from	14	C.F.R.	45.23(b);	14	CFR	Part	21;	14	CFR	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)	&	(b);	

91.407(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,	Jason	Galloway,	owner and	operator	of	small	Unmanned	Aircraft	Systems	("sUAS") /	

small	Unmanned	Aerial	Vehicle	(“sUAV”)	equipped	to	conduct	aerial	Inspections	/	Data	Collection	

along	with	Emergency	Services	Support in	the	US	to	get	higher	success	rates	through aerial	

inspection	operations and	to	help	prevent	contamination	of	lands	if	there was	a	manned	aircraft	

accident.	Along	with	municipal	services	for	the	collection	of	scene data,	hereby	applies	for	an	

exemption	from	the	listed	Federal	Aviation	Regulations	("FARs")	to	allow	commercial	operation	fits	

sUAS,	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	described	more	fully	below,	the	requested	exemption	would	permit	the	operation	of	small	

Unmanned	and	relatively	inexpensive	UAS	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	safe	operations	in	the	Emergency	Services	/	Inspections	presently	using	conventional	

aircraft.	Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	
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Transportation's	(the	FAA	Administrator's)	responsibilities	to	"...	establish	requirements	for	the	safe	

operation	of	such	aircraft	systems	in	the	national	airspace	system for	public	safety."	

The	name	and	address	of	the	applicant	is:	

Jason	Galloway	Videographer

Attn:									Jason	Galloway

																				Phone: 			 610-721-2193

Email:			 		jasgal@gmail.com

Address:	193 Morton	Rd.

																		Springfield,	PA	19064

The	conditions	proposed	by	the	applicant	are	drawn	from	order	8900.1	CHG	0.	Similar	exemptions	

have	been	previously	granted	to	a	private,	volunteer	emergency	services group	in	Exemption	

#11282	and	this	request	largely	reflects	those	exemptions.	

Regulations	from	which	the	exemption	is	required	

14	C.F.R.	Part	21	Subpart	H	

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)	(c)	

14	C.F.R.	91.103	

14	C.F.R.	91.109	

14	C.F.R.	91.119	

14	C.F.R.	91.121	

14	C.F.R.	91.151	(a)	

14	C.F.R.	91.155	

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

14	C.F.R.	91.215	

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)	&	(b)	

This	exemption	application	is	expressly	submitted	to	fulfill	Congress'	goal	in	passing	Section	333(a)	
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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	national	airspace	system	(NAS)	before	

completion	of	the	rulemaking	required	under	Section	332	of	the	Reform	Act.	In	making	this	

determination,	the	Secretary	is	required	to	determine	which	types	of	sUASs	do	not	create	a	hazard	

to	users	of	the	NAS	or	the	public	or	pose	a	threat	to	national	security	in	light	of	the	following:	

•The	UASs	size,	weight,	speed,	and	operational	capability	•	Operation	of	the	UAS	in	close	proximity	

to	airports	and	populated	areas;	and	•	Operation	of	the	UAS	within	visual	line	of	sight	of	the	

operator.	

Reform	Act	Section	333	(a).	Lastly,	if	the	Secretary	determines	that	such	aircraft "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	Section	333(c)	(emphasis	added)	

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

statutory	authority	by	its	terms	includes	exempting	civil	aircraft,	as	the	term	is	defined	under	

section 40101	of	the	Act	that	includes	sUASs,	from	the	requirement	that	civil	aircraft	must	have	a	

current	airworthiness	certificate.	

Applicant	interprets	this	provision	to	place	the	duty	on	the	Administrator	not	only	process	

applicants	for	exemptions	under	section	333,	but	for	the	administrator	to	craft	conditions	for	the	

safe	operation	of	the	UAS,	if	it	should	be	determined	that	the	conditions	set	forth	herein	do	not	

fulfill	the	statutory	requirements	for	approval.	

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.	Section	44701(f)	see	also	49	USC	Section	

44711(a);	49 USC	Section	44704;	14	CFR	Section	91.203	(a)	(1).	The	Administrator	has	recently	

granted	such	an	exemption	under	very	similar	circumstances	(Exemption	#11282).	

Jason	Galloway’s quad	copter sUAS’s	weigh	less	than	55 lbs.	including	payload.	They	operate,	under	

normal	conditions	at	a	speed	of	no	more	than	30 knots (34	mph) and	in	the	case	of	our	multirotors	

have	a	capability	to	hover,	and	move	in	the	vertical	and	horizontal	plane	simultaneously.	They	will	

operate	in	a	line	of	sight	and	will operate	only	within	the area	made	up	of	forest,	county	parks	and	

open	space,	rural	land,	suburban	land	and	power	utility	grid	and	towers.	

Given	the	small	size	of	the	sUASs	involved	and	restricted	sterile	environment	within	which	they	will	

operate,	the	applicant	falls	squarely	within	that	zone	of	safety	(an	equivalent	level	of	safety)	in	
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which	Congress	envisioned	that	the	FAA	must,	by	exemption,	allow	commercial	operations	of	UASs	

to	commence	immediately.	Also	due	to	the	size	of	the	sUASs	and	the	restricted	areas	in	which	the	

relevant	sUASs	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,	reduction	in	environmental	impacts,	

including	reduced	emissions	and	chemical	spills,	exemptions	associated	with	allowing	UASs	for	

Aerial	Tank	&	Tower	Inspections /	public	safety operations,	the	grant	of	the	requested	exemptions	is	

in	the	public	interest.	Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	

requested	exemption	without	delay.	

AIRCRAFT	AND	EQUIVELANT	LEVEL	OF	SAFETY	

The	applicant	proposes	that	the	exemption	requested	herein	apply	to	aircraft	that	have	the	

characteristics	and	that	operate	within	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	

agricultural	services	and	crops	dusted	currently	being	used	with	conventional	aircraft.

1.				The	sUASs	will	weigh	less	than	55	lbs.		

2.					Flights	will	be	operated	within	visual	line	of	sight	of	a	pilot	in	command	(PIC)	and/or	visual																			 					

observer	(VO).		

3.					Maximum	total	flight	time	for	each	operational	flight	will	be	60 minutes	for	sUAS	operations.												

Flights	will	be	terminated	at	25%	battery	power	reserve.		

4.				Flights	will	be	operated	at an	altitude	of	no	more	than	300	feet	at	speeds	not	to	exceed		20	

knots	(34 miles	per	hour)	or	the	maximum	operating	airspeed	recommended	by	the		aircraft	

manufacturer,	whichever	is	less.		

5.				 Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot	and	a	Visual	Observer.		

6.	 		 The	UAS	will	only operate	within	a	confined	area and	have	a	"Security	Perimeter”	with	in	the

flight	operations	area.		

7. A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS	operations	prior	to	each	day's									

mission	activities.	It	will	be	mandatory	that	all	personal	that will	be	performing	duties	within	
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boundaries	of	the	safety	perimeter	be	present	for	this	briefing.		

8. 									The	operator	will	obtain	the	consent	of	all	persons	involved	in	the	flying	area	and	ensure	that	

only	consenting	persons	be	allowed	within	100	feet	of	the	flight	operation,	and	this	radius	

may	be	reduced	to	30	feet	based	upon	an	equivalent	level	of	safety	and	determination.	With	

the	advanced	permission	of	the	FSDO,	operations	at	closer range	can	be	approved.		

9. 								The	operator	will	notify	a	Plan	of	Activities	to	the	FSDO	prior	to proposed	flights.		

10. Pilot	and	observer	will	have	been	trained	in	the	operation	of	UAS	generally	and	received	upto-date	information	on	the	particular	UAS. Visual	Observer	and	PIC	will	at	all	times	be	able	to	

communicate	by	voice	or	radio.		

11. Aerial	Data	&	Inspection operations	will	be	launched	from	and/or	oral	permission	from	the	

relevant	property	holders	will	be	obtained.		

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

return	to	a	pre-determined	location	within	the	Security	Perimeter	and	land.		

13. The	sUAS	will	have	the	capability	to	abort	flight	in	case	of	unpredictable	obstacles	or	

emergencies.		

14. The	owner	shall	follow	the	UAS	manufacturer’s	maintenance,	overhaul,	replacement,	

inspection,	and	life	limit	requirements	for	the	aircraft	and	aircraft	components.		

15. Prior	to	each	flight,	the	PIC	must	conduct	a	pre-flight	inspection	and	determine	the	UAS	is	in	

a	condition	for	safe	flight.	The	pre-flight	inspection	must	account	for	all	potential	

discrepancies,	e.g.	inoperable	components,	items,	or	equipment.	If	the	inspection	reveals	a	

condition	that	affects	the	safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from	operating	

until	the	necessary	maintenance	has	been	performed	and	the	UAS	is	found	to	be	in	a	

condition	for	safe	flight.		

16. Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	operation	or	

flight	characteristics,	e.g.	replacement	of	a	flight	critical	component,	must	undergo	a	

functional	test	flight	prior	to	conducting	further	operations	under	this	exemption.	Functional	
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test	flights	may	only	be	conducted	by	a	PIC	with	a VO	and	must	remain	at	least	300 feet	from	

other	people.	The	functional test	flight	must	be	conducted	in	such	a	manner	so	as	to	not	

pose	an	undue	hazard	to	persons	or	property.		

17. PIC	qualification	flight	hours	and	currency	must	be	logged	in	a	manner	consistent	with	14	

CFR	§	61.51(b).	Flights	for	the	purposes	of	training	the	operator’s	PICs	and	VOs	(training,	

proficiency,	and	experience-building)	and	determining	the	PIC’s	ability	to	safely	operate	the	

UAS	in	a	manner	consistent	with	how	the	UAS	will	be	operated	under	this	exemption	are	

permitted	under	the	terms	of	this	exemption.	However,	training	operations	may	only	be	

conducted	during	dedicated	training	sessions.	During	training,	proficiency,	and	experiencebuilding	flights,	all	persons	not	essential	for	flight	operations	are	considered	nonparticipants,	

and	the	PIC	must	operate	the	UAS	with	appropriate	distance	from	nonparticipants	in	

accordance	with	14	CFR	§	91.119.		

18. If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UA	must	return	to	a	

predetermined	location	within	the	private	or	controlled-access	property.		

19. The	UA	must	remain	clear	and	give	way	to	all	manned	aviation	operations	and	activities	at	 all	

times.	

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness certificates	14	C.F.R.	Section	91.203	(a)	(1)	

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

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

and	limited	operating	area	associated	with	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	both	authorize	the	FAA	to	exempt	aircraft	from	the	

requirement	for	an	airworthiness	certificate,	upon	consideration	of	the	size,	weight,	speed,	

operational	capability,	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	a	restricted	environment	and	under	the	conditions	proposed	will	

be	at	least	as	safe,	or	safer,	than	conventional	aircraft	operating	with	an	airworthiness	

certificate	without	the	retractions	and	conditions	proposed.	

The	sUAS	to	be	operated	here	under	is	less	than	55	lbs.	fully	loaded,	carries	neither	a	pilot	nor	

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

exclusively	within	a	secured	area	as	set	out	in	manual.	Unlike	other	civil	aircraft,	operations	
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under	this	exemption	will	be	tightly	controlled	and	monitored	by	both	the	operator	and,	

pursuant	to	the	requirements,	and	in	compliance	to	local	public	safety	requirements.

The	FAA	will	have	advance	notice	of	all	operations.	These	safety	enhancements,	which	already	

apply	to	civil	aircraft	operated	in	connection	to	agricultural	aerial	applicators,	provide	a	greater	

degree	of	safety	to	public	and	property	owners	than	conventional	operations	conducted	with	

airworthiness	certificates	issued	under	14	C.P.R.	Part	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	C.F	.R.	Section	45.23	(b).	Marking	of	the	aircraft	

The	regulation	requires:	

When	marks	include	only	the	Roman	capital	letter	"N"	and	the	registration	of	the	number	is	

displayed	on	limited,	restricted	or	in	a	light-sport	category	aircraft	or	experimental	or	

provisionally	certified	aircraft,	the	operator	must	also	display	on	the	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	spot,"	"experimental,"	or	"provisional,"	as	

applicable.	

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

UAS	will	have	no	entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	the	word	"experimental"	

can	be	placed.	Given	the	size	of	the	sUAV,	the	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	sUAS marked	on	it	fuselage	as	required	

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

of	the	

sUAS as	"Experimental."	The	FAA	has	issued	the	following	exemptions	to	this	regulation	to	

exemptions	to	this	regulation	to	Exemptions	Nos.	10700,	8738,	10167A.	

14	C.F.R.	§	61.113	(a)	&	(b):	Private	pilots	Privileges	and	Limitations:	Pilot	in	Command.	

Sections	61.113	(a)	&	(b)	limit	pilots	to	non-commercial	operations.	Because	the	UAS	will	not	carry	a	

pilot	or	passengers,	the	proposed	operations	can achieve	the	equivalent	level	of	safety	of	current	

operations	by	requiring	the	PIC	operating	the	aircraft	to	have	a	sport	pilot's	Certificate	rather	than	

have	than	a	commercial	pilots	Certificate	to	operate	this	small	UAS.	Unlike	a	conventional	aircraft	

that	carries	a	pilot	and	passengers,	the	sUAS	is	remotely controlled	with	no	living	sole onboard.	The	
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area	of	operation	is	controlled	and	restricted,	and	all	flights	are	planned	and	coordinated	in	advance	

as	set	forth	by	in	the	S.O.P.	The	level	of	safety	provided	by	the	requirements	included	in	the	S.O.P	

exceeds	that	provided	by	a	single	individual	holding	a	commercial	pilot's	certificate	operating	a	

conventional	aircraft.	The	risks	associated	with	the	operation	of	the	sUAS	are	so	diminished	from	

the	level	of	risk	associated	with	the	operation	of	a	commercial	operations	contemplated	with	Part	

61	when	drafted,	that	allowing	operations	of	the	sUAS	as	requested	with	a	recreational	pilot	as	the	

PIC	exceeds	the	present	level	of	safety	achieved	by	14	C.P.R.	§61,113	(a)	&	(b).	

14	C.F.R.	§91.7	(a):	Civil	Aircraft	Airworthiness.	

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

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

exemption	be	granted,	no	FAA	regulatory	standard	would exist	for	determining	airworthiness.	Given	

the	size	of	the	aircraft	and	the	requirements	contained	in	the	SOP	for	maintenance	and	use	of	safety	

check	lists	prior	to	each	flight	and	equivalent	level	of	safety	will	be	provided.	

14	C.F.R.	§	91.9	(b)	(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft	

Section	91.9	(b)	(2)	provides:

No	person	may	operate	a	U.S.	registered	civil	aircraft	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	placard,	or	

any	combination	thereof.		The	sUAS,	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	onboard,	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	sUAS	will	have access	to	it.	The	FAA	has	issued	the	following	

exemptions	to	this	regulation:	Exemption	Nos.	8607,	8737,	8738,	9299,	9299A,	9565,	9565B,	10167,	

10602,	32827,	and	10700.	

14	C.F.R.	§	91.103:	Preflight	action	

This	regulation	requires	each	pilot	in	command	to	take	certain	actions	before	flight	to	insure	the	

safety	of	the	flight.	As	the	FAA	approved	rotorcraft flight	manuals	will	not	be	provided	as	set	forth	in	

sections	of	the	SOP.

The	PIC	will	take	all	actions	including	reviewing	weather,	flight	battery	requirements,	landing	and	
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takeoff	distances	and	aircraft	performance	data	before	initiation	of	flight.	

14	C.F.R.	§91.109:	Flight	instruction	

Section	91.103	provides	that	no	person	may	operate	a	civil	aircraft	(except	a	manned	free	balloon)	

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

sUASs	and	remotely	controlled	aircraft,	by	their	design	do	not	have	fully	functioning	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	

functioning	dual	controls	for	a	number	of	aircraft	and	for	flight	instruction	in	experimental	aircraft.	

See	exemption	Nos.5778K	&	9862A.	The	equivalent	level	of	safety	provided	by	that	neither	a	pilot	

nor	passengers	would be	carried	in	the	aircraft	and	by	the	size	and	speed	of	the	aircraft.	

14	C.F.R.	§91.119:	Minimum	safe	altitudes	

Section	91.119	establishes	safe	altitudes	for	operations	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	exemption	

is	for	the	sUAS	that	is	a	helicopter	and	the	exemption	requests	authority	to	operate	at	altitudes	of	

up	to	400	AGL,	or	not	more	than	200	above	an	elevated	platform	such	as	radio	towers,	an	

exemption	may	be	needed	to	allow	such	operations.	As	set	forth	by	herein,	except	for	the	limited	

conditions	stated	in	the	SOP,	the	UAS	will	never	operate higher	than	400	AGL	rotorcraft.		It	will	

however	be	operated	in	a	restricted	area	with	a	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	

the	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	

activity,	all	affected	individuals	will	be	aware	of	the	planned	flight	operations	as	set	forth	in	the	SOP.	

Compared	to	flight	operations	with	aircraft	or	rotorcraft	weighing	more	far	more	than	the	maximum	

55lbs.	proposed	herein	and	the	lack	of	flammable	fuel,	any	risk	of	associated	with	these	operations	

is	far	less	than	those	presently	presented	with	conventional	aircraft	operating	at	or	below	500	AGL.	

In	addition,	the	low- altitude	operations	of	the	sUAS	will	ensure	separation	between	these	small	

UAS	operations	and	the	operations	of	conventional	aircraft	that	must	comply	with	Section	91.119.	
10

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	sUAS	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	Manual	and	Safety	Check	list,	confirming	the	altitude	of	the	launch	

site	shown	on	the	GPS	altitude	indicator	before	flight.	

14	C.F.R.	§91.151(a):	Fuel	Requirements	for	Flight	in	VFR	Conditions	

Section	91.151	(a)	prohibits	and	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	battery	powering	the	sUAS	provides	approximately	20-40	minutes	of	powered	flight.	To	meet	

the	30-minute reserve	requirement	in	14	CFR	§91.151,	sUAS	flights	would	be	limited	to	

approximately	10	minutes	in	length	at	the	most.	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	night	VFR	conditions	is	reasonable.	

Applicant	believes	that	an	exemption	from	14	CFR	(a)	falls	within	the	scope	of	prior	exemptions.	See	

Exemption	10673	(allowing	Lockheed	Martin	Corporation	to	operate	without	compliance	with	FAR	

91.151(a)).	Operating	the	small	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	risk	that	Section	91.15l(a)	was	intended	to	

alleviate	given	the	size	speed	of	the	small	UAS.	Additionally,	limiting	sUAS	flights	to	10	minutes	

would	greatly	reduce	the	utility	for	which	the	exemption	will	be	granted.	

Applicant	believes	that	an	equivalent	level	of	safety	can	be	achieved	by	limiting	flights	to	30	minutes	

or	25%	of	battery	power	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.	
11

14	C.F.R.	§91.155:	Basic	VFR	weather	minimums	

Section	91.155	establishes	safe	distances	from	clouds	for	flight	visibility.	All	flights	will	be	made	in	

visual	line	of	sight	from	the	ground	to	an	altitude	of	no	more	than	400	feet.	The	sUAS	will	never	fly	

into	or	above	the	clouds	while	remaining	within	visual	line	of	sight.	If	cloud-cover drops	below	the	

500-foot minimum,	a	sUAS	can	operate	safely	at	a	lower	altitude.	Given	the	size	and	speed	of	the	

small	UAS,	operating	under	these	conditions	should	be	sufficient	to	mitigate	risk.	

Similar	exemptions	have	been	granted	to	other	operations,	including	Exemptions	5357,	11208,	

11112.	

14	C.F.R.	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	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	cockpit	

entrance	so	that	it	is	legible	to	passengers	or	crew.	

The	UAS	fully	loaded	weighs	no	more	than	55lbs	and	is	operated	without	an	onboard	pilot.	As	such,	

there	is	no	ability	or	place	to	carry	certification	and	registration	documents	or	display	them	on	the	

sUAS.	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,	to	the	extent	they	

are	applicable	to	the	sUAS.	The	FAA	has	issued	numerous	exemptions	to	this	regulation.	A	

representative	sample	of other	exemptions	includes	Exemption	Nos.	9565,	9665,	9789,	9789A,	

9797,	9816A,	and	10700.	

14	C.F.R.	§91.215:	ATC	transponder	and	altitude	equipment	and	use.	

Section	91.215	requires	transponder	equipment	for	aircraft	within	Class	A, B and	C	airspace	or	

within	5 nautical	miles	of	an	airport	listed	in	Appendix	D,	section	1.	J.G. intends	to	operate	within	

PA,	a	portion	of	which	lies	within	5	nautical	miles	of	Philadelphia	International	Airport	(PHL).	At	it’s

nearest
12

All	sUAS	operations	within	the	county at	an	altitude	of	400	feet	AGL	will	not	enter	any	Class	A,	B	or	C	

airspace.	Additionally,	ATC	transponder	equipment	would	exceed	the	payload	capacity	for	the	sUAS	

and	make	flight	impossible.	Given	the	size,	speed	and	altitude	restriction	of	400	feet	AGL,	the	sUAS	

can	operate	safely	within the	county	without	entering	or	affecting	aircraft	in	class	A,	B	or	C	airspace.	

14	C.F.R.	§91.405	(a);	407	(a)	(2);	417	(a)	&	(b)	

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.	

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

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

pursuant	to	the	flight	manual	and	operating	handbook	as	referenced	in	the	Manual.	An	equivalent	

level	of	safety	will	be	achieved	because	these	small	UASs	are	very	limited	in	size	and	will	carry	a	

small	payload	and	operate	only	in	restricted	areas	for	limited	periods	of	time.	If	mechanical	issues	

arise	the	UAS	can	land	immediately	and	will	be	operating	from	no	higher	than	400	feet.	As	provided	

in	the	SOP,	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	preformed.	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	14	C.F.R	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	

Register,	should	it	be	determined	that	publication	is	needed:	

Applicant	seeks	an	exemption	from	the	following	rules:	

14	C.P.R.	§21,	subpart	H;	14	C.F.R	45.23	(b);	14	C.P.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)	Data	Collection	and	Emergency	Services/Public	Safety.
13

Approval	of	exemptions	allowing	commercial	operations	of	sUASs	in	the Inspection/Data Services

will	enhance	safety	by	reducing	risk.	Conventional	operations	using	aircraft	to	operate	at	extremely	

low	altitudes	just	feet	from	the	equipment	and	structures;	and	present	the	risks	associated	with	

vehicles	that	weigh	in	the	neighborhood	of	3,000-5,000	lbs.,	carrying	large	amounts	of	jet	A	or	other	

fuel	in	most	cases	helicopters	operating	with	140	gallon	fuel	tanks.	The	sUAS	will	carry	no	

passengers	or	crew	and,	therefore,	will	not	expose	them	to	the	risks	associated	with	manned	

aircraft	flights.	

The	operations	of	small	UASs,	weighing	less	than	55	lbs.,	conducted	in	the	strict	conditions	outlined	

above,	will	provide	an	equivalent	level	of	safety	supporting	the	grant	of	the	Part	21	and	allowing	

commercial	operations.	These	lightweight	small	UAVs	operate	at	slow	speeds,	close	to	the	ground	

and	in	sterile	environment	and,	as	a	result,	are	far	safer	than	conventional	operations	conducted	

with	a	piston	and	or	turbine	aircraft operating	close	to	the	ground.

Public	Acknowledgement/Privacy	Aircraft	that	are	going	to	be covered	are	seen	in	Appendix	A

Appendix	A.	DJI	Phantom	3	Pro	

															

													DJI	Phantom	3	Pro																													Controller
14

Ground	Control	Station	

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

speed,	operating	capabilities,	proximity	to	populated	areas	and	or	close	proximity	to	airports	

and	operations	within	visual	line	of	sight	provides	more	than	adequate	justification	for	the	

grant	of	the	requested	exemptions	allowing	commercial	operation	of	applicant's	UAS	in	the	data	

imaging services	industry.	

Sincerely,	

Jason	Galloway

Galloway	Videography