Oct 31st, 2015

U.S. Department of Transportation

Docket Management System 

Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act. 

Dear Sir/Ma’am: 

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Carter Aerial Media 

the operator of small Unmanned Aircraft Systems (UAS) seeks an exemption from the Federal Aviation 

Regulations (FARs) 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow Carter Aerial Media to operate a UAS to perform aerial data collection.

 You'll find that our request is similar to relief previously requested in Grant of Exemption Nos. 

11062, 11109, 11112, 11213, 11398,13307, and 11277. 

The requested exemption would permit Carter Aerial Media to commercially operate UAS for the 

following purposes: 

 Airborne photography and videography 

 Emergency services support and training

 Search and rescue 

 UAS operations training

 UAS capability demonstrations

 Agriculture and land surveying

 News gathering and reporting

 Inspections, including but not limited to, home and insurance, bridges, cell towers, utilities, 

construction, oilfield and pipeline.

 

 The primary purpose of Carter Aerial Media will be to assist other industries by providing safe and 

efficient UAS support. The uses of UAS to perform airborne photography and videography as well as 

aerial inspections and surveying have two major benefits. First, small UAS are considerably safer than 

using manned aircraft in the previously mentioned tasks, and also reduces the fall risk of workers. 
Second, UAS allows the completion of many tasks at a fraction of the cost using traditional means. 

Granting this exemption is in the public interest because it will dramatically enhance safety, lower-cost, 

and improve the efficiency of many industries.

 Carter Aerial Media will conduct the aforementioned tasks by using the following small sized UAS: 

DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000, the ASCTEC Falcon 8 and the 

3DR Solo. The listed UAS are very small, all weighing less than 25 pounds, and have advanced navigation 

systems and automated control features that enhance safety. With the exception of the DJI Phantom 3, 

which is merely an improvement of the Phantom 2 vision+, all of the UAS there will be operated with 

this exemption have been previously approved in other Section 333 exemption requests.

 

 All of Carter Aerial Media operating procedures will strictly adhere to FAA regulations with safety 

being the number one priority. All operations will be conducted via unaided visual line of sight below 

400 feet AGL and outside of any controlled airspace unless the controlling agency gives express 

permission.

 Carter Aerial Media respectfully submits a grant of exemption is in the public interest because the 

use of small UAS in lieu of comparatively more expensive and hazardous fixed and rotary wing aircraft or 

other conventional manned methods of inspection greatly enhances efficiency and achieves a level of 

safety that is significantly higher. Furthermore, Carter Aerial Media will assist other industries in the safe 

application of UAS and promote the benefits of safe UAS operations. Approval of this exemption would 

enhance safety and fulfill the Secretary of Transportation's responsibility under the section 333(c) of the 

FAA Modernization and Reform Act of 2012 to “establish requirements for the safe operation of such 

aircraft systems in the national airspace system.”

Name and address of the applicant: 

 Gregory Carter

 Carter Aerial Media

 Cell: (307) 683 6192

 Email: greg.carter33@outlook.com 

 Address: 1535 Hillpond DR Sheridan WY, 82801

 JUSTIFICTION UNDER SECTION 333 
According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333 “Section 333 

grants the Secretary of Transportation the authority to determine 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”. Carter Aerial Media submits that the small size and 

weight of the purposed UAS coupled with the fact that the operations will be conducted at low altitudes, 

slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to 

the national airspace system, general public, or present any threat to national security. 

Airworthiness of the UAS 

 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 of the particular UAS. Carter Aerial Media purposes using 

DJI Phantom 2 vision+, DJI Phantom 3 professional, DJI Inspire 1, DJI S1000, and the ASCTEC Falcon 8. 

The proposed systems have the inherent advantage of being small in size and battery-operated 

therefore do not carry flammable fuel, this significantly reduces any potential damage in the event of a 

mishap. Carter Aerial Media will operate the proposed UAS below 400 feet AGL, at speeds less than that 

recommended by the manufacturer, and at all times less than 50 knots. Operations will only be 

conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the 

controlling agency, and within visual line of sight of the operator.

 

 All of the UAS that will be operated with this exemption have been previously approved in other 

Section 333 exemption requests. The DJI Phantom 2 vision+, DJI Inspire 1, DJI S1000 were approved for 

use in Exemption No. 11398. The DJI Phantom 3 Professional was approved for use in exemption 13307. 

The ASCTEC Falcon 8 was approved in Exemption Number 11277. An analysis of these criteria 

demonstrates that the purposed 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 or helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

 

Operation of the UAS 
Carter Aerial Media will ensure that the exemption does not adversely affect safety and will operate at a 

level of safety at least equal to existing rules by operating with the following limitations and conditions: 

 All operations will strictly adhere to manufactures owners, operators and maintenance 

manual. 

 All operations will occur in class G airspace, unless specifically authorized by the controlling 

authority 

 All operations will be conducted during daylight hours. 

 All operations will occur below 400 feet AGL. 

 All operations will be conducted and visual meteorological conditions with visibility of at 

least three nautical miles. 

 All operations will be conducted with at least 500 feet below clouds and with a horizontal 

separation of at least 2000 feet. 

 At no time will the operator allow the aircraft within 500 feet of nonparticipating person, 

structure, or vehicle. 

 Preflight operations will be conducted in accordance with the manufacturer's 

recommendation and preflight checklist. 

 All maintenance will be conducted in accordance with manufacturers recommendations and 

documented in the aircraft logbook 

PIC Requirements 

 Carter Aerial Media respectfully submits that the operator requirements should take into account 

the advanced internal navigation and autopilot systems of the proposed UAS. The DJI and ASCTEC 

systems both have a high degree of control and are extremely stable even in high wind environments. 

Both companies incorporate various built-in capabilities that limit the potential for operations outside of 

the aircraft capability.

 

 The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Carter Aerial 

Media will only use PIC’s who possess and FAA commercial or private pilot's license and a class III 

medical. Carter Aerial Media will also ensure that all PICs comply with manufacturer training 

requirements, and have been deemed safe and proficient by the chief pilot.

 

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(b); 14 

C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 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) & 

(b). 

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

 

 Subpart H, 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 Carter Aerial Media, 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. Our small UAS's will be operated at low speed in a controlled environment, away from 

airports and any densely populated area. An analysis of these criteria demonstrates that the UAS's 

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 helicopter) 

operating with an airworthiness certificate without the restrictions and conditions proposed.

 

 The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no flammable liquid fuels, and operates exclusively within a secured area. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA 

and general public will have advance notice of all operations. 

 These safety enhancements, which already apply to civil aircraft operated in connection with 

private property, industrial sites, railroad yards and the like provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of 

operation, location of operation, lack flammable liquid fuels, and limited ability to carry an external load. 

14 C.F.R. § 45.23(b): Marking of the Aircraft 
 This regulation requires certain experimental, provisionally certificated aircraft, or light- sport 

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," 

"light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. 

 Even though the UAS will have no airworthiness certificate, an 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 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." The FAA has issued the following exemptions to this 

regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations. 

 Part 61.113 (a) states that 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; nor may that 

person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a 

private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with 

any business or employment if: (1) The flight is only incidental to that business or employment; and (2) 

The aircraft does not carry passengers or property for compensation or hire. 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. 

 Carter Aerial Media proposes that all operations require the PIC to either hold either a 

Commercial or Private Pilot Certificate issued by the FAA. Since there are currently no means available 

for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a 

commercial UAS pilot's license, using pilots qualified under other categories and classes meets or 

exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature 

of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot 

to operate the aircraft under§ 61.133(a).

 

14 C.F.R. § 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 the UAS without an 

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

aircraft and the requirements published by the manufacture for maintenance and the use of safety 

checklists prior to each flight, an equivalent level of safety will be provided. 

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

 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. The FAA has issued the following 

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

10167A, 10602, 32827, and 10700. 

14 C.F.R. 91.103: Preflight Action 

 This regulation requires each pilot 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 manufactures preflight checklist. These actions 

will provide an equivalent level of safety. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

 These regulations provide 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. 

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

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

communications. The FAA has previously approved exemptions for aircraft without fully functional dual 

controls. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft, the ability to control the UAS via radio signals from the controller, 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. 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. 

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

Compared to flight operations with aircraft weighting far more than the maximum 55 lbs. proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those 

presently presented with helicopters and other conventional aircraft operating at or 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. 

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 UAS does not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved 

by the operator 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 

 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.” 

 An equivalent level of safety can be achieved by limiting flights to what the manufacturer 

recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 

25% of battery power (as determined by the onboard monitoring system and the pilot), 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. Similar exemptions have been granted to other 

operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 
 This regulation requires: “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”. 

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. 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 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): 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. 

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

sections will not apply to Carter Aerial Media. An equivalent level of safety, given the small size and 

unique characteristics of the aircraft, will be maintained by the operator accomplishing and 

documenting all required maintenance specified by the manufacturer.