Josh Sullivan

320 W. Main St.

Goreville, IL 62939 

Josh@joshsullivan.me

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)(1) and (2) 14 CFR 91.417(a) and (b) 

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

(the “Reform Act”) and 14 CFR Part 11, James Bender, operator of 

Unmanned Aircraft Systems (UAS), hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of designated UAS, provided 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 an UAS, as described herein, which are equipped 

with camera(s) and sensors, would provide professional services in the 

following areas:

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 video and/or photography for public and/or private use including 
television, public events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility 

infrastructure including but not limited to electrical power lines, wind 

turbines and cell towers.

5. Aerial video/photography 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. Training to persons individually or belonging to both private and/or public 

organizations to increase awareness and improve safety for current and future 

UAS operations within the

NAS.

As described fully below, the requested exemption would permit the 

operation of designated UAS as set forth in this document under controlled 

conditions in the NAS that would be a) limited b) controlled c) predetermined 

and d) safe. Approval of this exemption would increase public awareness of 

UAS operations and enhance safety to aid in fulfilling 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.” 

I plan to operate a UAS, the DJI PHANTOM 3 Professional which is 

comprised of an unmanned aircraft (UA or Phantom 3) and a transportable 

ground station. The Phantom 3 is referred to as a quad-copter with a 

maximum gross weight of about 3 pounds. It is equipped with four rotors that 

are driven by electric motors powered by batteries. The UA has a maximum 

airspeed of 16 m/s. 

I also plan to operate a UAS, the DJI Inspire 1 which is comprised of an 

unmanned aircraft (UA or Inspire 1) and a transportable ground station. The 

Inspire 1 is referred to as a quad-copter with a maximum gross weight of 

about 6.5 pounds. It is equipped with four rotors that are driven by electric 

motors powered by batteries. The UA has a maximum airspeed of 22 m/s. 

Also, given the small size of the UAS’s involved and the restricted controlled 

environment within which they will operate, the applicant fits within that 
zone of safety (an equivalent level of safety) in which Congress envisioned 

that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the controlled 

areas in which the relevant UASs will operate, approval of the application 

presents no national security issue. Given the following, the grant of the 

requested exemptions is clearly in the public interest: James Bender 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 exceptional level of safety to operations. These 

limitations and conditions to which James Bender agrees to be bound when 

conducting commercial operations under an FAA issued exemption 

including: 

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

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

5. UAS operator will be trained and certified in the proper safety and 

operations of the UAS. 6. The UAS will only operate within a controlled area 

as defined in the Procedures.

7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as 

required.

9. If the UAS loses communications or loses its GPS signal, the UAS will 

have capability to return to a pre-determined location within the Security 

Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption and are prepared to modify or amend any part of this 

request to satisfy the need for an equivalent level of safety. We look forward 

to working with your office. Please contact us at any time if additional 

information or clarifications are needed. 
Sincerely, Josh Sullivan