January 2, 2016

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);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

To Whom It May Concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Adam John Welsh, a freelance photographer, videographer,

and operator of a Small Unmanned Aircraft System ("sUAS"), hereby applies for an 

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

operation of his Small Unmanned Aircraft Systems. 

Proposed operation would include: 

● Newsgathering/Media 

● Weather Related Events and Phenomena 

● Nature and Landscape Photography and Videography 

● Improve Safety and Create Awareness for Current and Future UAS Utilization 

Adam Welsh is currently attending Embry Riddle Aeronautical University to obtain his 

Bachelors in Unmanned Systems Applications and will be utilizing his knowledge of 

sUAS’s to further educate the public on the safe operation and benefits associated with 

sUAS operations. 



Approval of this exemption would enhance safety and fulfill the Secretary of 

Transportation's responsibilities as outlined in Section 333 (c) of the Reform Act. 

The name and address of the applicant is: 

Adam Welsh

1325 N. Nail Parkway

Moore, OK 73160

Ph: (360) 320-5119

Email: Kinderfe@yahoo.com
Regulations from which the exemption is requested:14C.F.R.Part21, 14 C.F.R. 

45.23(b), 14C.F.R.61.113(a)&(b), 14C.F.R.91.7(a), 14 C.F.R. 91.9 (b)(2), 14 C.F.R. 

91.103, 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14C.F.R.91.151(a), 

14C.F.R.91.203(a)&(b), 14C.F.R.91.405(a), 14 C.F.R. 407(a)(1), 14C.F.R.409(a)(2), 

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

sUAS's submitted for exemption of the above safety regulations: DJI Phantom 

3Professional , Yuneec Q500 4K

STATUTORY AUTHORITY FOR EXEMPTIONSThe Federal Aviation Act 

expressly grants the FAA authority to issue exemptions. This statutory authority includes 

exempting civil aircraft, as the term is defined under §40101 of the Act, including 

sUAS's, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

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

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

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

consider: 

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

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

• Whether the UAS operates outside of highly populated areas and away from 

 close proximity to airports 

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

national airspace system, the Secretary shall establish requirements for the safe operation 

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

Adam Welsh’s sUAS's are quad copters, weighing 5 pounds or less including payload. 

They operate under normal conditions at a speed of no more than 35 knots and have the 

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

sUAS's will operate only in the pilot's visual line of sight at all times and in a safe area. 

PUBLIC INTEREST The use of sUAS's for newsgathering purposes can provide the 

general public an additional avenue for getting news quickly and efficiently UAS's allow 

media to gather information by providing live video with little interference and in a 

relative safe manner. 
SAFETYAdam Welsh proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed herein. 

These limitations provide 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: 

● The UAS will be less than 55 pounds. 

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

● Maximum total flight time for each operational flight will be 15-20 

 minutes. The sUAS calculates battery reserve in real time, and will 

 return to its ground station with at least 20% battery power reserve 

 should that occur prior to the 30-minute limit. 

● Flights will be operated at an altitude of no more than 400 feet AGL. 

● The flights will occur no closer than a 5-mile radius of the geographic 

 center/Airport Reference Point (ARP) of a tower controlled or 

 uncontrolled airport. 

● All flights will occur under Visual Flight Rules Meteorological 

 Conditions (VMC) only. 

● Crew for each operation will consist of the sUAS pilot who will keep the sUAS 

 within his/her visual line of sight at all times. As well as a camera operator

 (when deemed necessary) focusing on photo/video composition. 

● The sUAS pilot will be trained in flight, operations, and safety procedures via 

 FAA regulations and the owner's manuals. 

● All onsite personnel will consent to the sUAS flyover on site by waiver, and 

 the operator will obtain additional verbal or written consent of all persons who 

 will be allowed within 100 feet of the flight operation. 

● The pilot will have been trained in operation of sUAS generally and received 

 up-to-date information on the particular sUAS to be operated. 

● Written and/or oral permission from the relevant property holders will be 

 obtained. 

● All required permissions and permits will be obtained from territorial, state, 

 county or city jurisdictions, including local law enforcement, fire, or other 

 appropriate governmental agencies. 

● If the sUAS loses communications with the remote controller or loses GPS 

 signal, the sUAS will have the capability to return to a pre-determined 

location 

 within a designated location and land autonomously. 

● The sUAS will have the capability to abort a flight in case of unpredicted 

 obstacles, weather, or emergencies. 
SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1)Subpart 

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 

and small operating area associated with the sUAS to be utilized by the Adam Welsh, 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. His small UAS will be operated at low speed in a controlled 

environment, at least five miles from an airport and more than three miles from any city

or densely populated area. 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 helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed. 

The sUAS's to be operated are less than 5 lbs. fully loaded, carries neither a pilot nor

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

exclusively within a secured area as set out in the Manual. Like other civil aircraft, 

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

pursuant to the Manual's requirements, and under the requirements and in compliance 

with local public safety requirements. 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 ability to carry an external load no greater than two lbs. 

14 C.F.R. 45.23(b): Marking of the AircraftThis 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 theUAS 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 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

(PIC)Sections 61.113 (a) & (b) limit private 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 private pilot’s license rather than a commercial pilot’s license to 

operate this small UAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Manual. The level of safety provided 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 commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC 

exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).). 

14 C.F.R. 91.7 (a): Civil aircraft airworthinessThe 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 

and the requirements contained in the Manual for maintenance and use of safety 

checklists prior to each flight, as set forth in Section B and Section G, an 

equivalent level of safety will be provided. 

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirementsThe 

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 ActionThis 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, propeller inspection, checking flight battery requirements, checking 

takeoff and landing distances, and all other actions in the preflight checklist. These 

actions will provide an equivalent level of safety. 

14 C.F.R. 91.109: Flight InstructionSection 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. 

By design, UAS and remotely piloted aircraft 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 previously approved exemptions for 

aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. 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 C.F. R. 91.119: Minimum Safe AltitudesSection 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 sUAS that is a helicopter and the exemption requests authority to operate at altitudes 

up to 400 AGL, an exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Manual, the UAS will never operate 

at higher than 400 AGL. It will however be operated in a manner where buildings and 

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

14 C.F.R. §91.121 Altimeter SettingsThis 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 is requested. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Preflight Checklist, confirming the altitude readout 

of the sUAS is set to 0ft (QFE operations) on the GPS altitude indicator before flight. 

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

(a) 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 battery powering the sUAS provides approximately 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. 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 §91.151(a) falls within the scope of 

prior exemptions (11857, 11825, 11204). 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 risks that Section 91.151(a) was intended to alleviate given the size and 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. 

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registrationThe 

regulation provides in 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 5 lbs. and 

is operated without an onboard pilot. Therefore there is no ability or place to 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 

flight control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. 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) & (b): Maintenance 

inspectionsThese 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to sUAS's. 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 AGL. As provided in the Manual, 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. 

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.F.R. §21, subpart H; 14 

C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 

91.119; 91.121; 

91.15l(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 

91.417 (a) & (b) to operate commercially a small unmanned vehicle (55bs or less) in 

videography and photography in news, media and marketing. 

Allowing commercial operations of UAS in aerial photography and videography enhance 

safety while reducing risk. These lightweight aircraft operate at slow speeds, close to the 

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

operations conducted with turbine helicopters operating in close proximity to the ground 

and people. 

The Operations described in this exemption request will be conducted wholly within the 

United States 

As directed in Section 333 of the Reform Act, the authority contained in the Federal 

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

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

requested exemptions is in the public interest. Accordingly, Adam John Welsh

respectfully requests that the FAA grant the requested exemption. 

Sincerely, 

Adam John Welsh
1325 N. Nail Parkway

Moore, OK 73160

Ph: (360) 320-5119

Email: Kinderfe@yahoo.com