United States Department of Transportation

Docket Operations

1200 New Jersey Ave.SE

West Building Ground Floor Room W12-140

Washington DC 20590

Re: Exemption Request Pursuant To Section 3 3 3 of the FAA Reform Act of 2012

Dear Sir or Madam:

I am writing pursuant to the FAA Modernization and Reform Act of2012 (the "Reform Act")

and the procedures contained in 14 C.F .R. 11, to request Edward Juden, owner and operator of a small 

UAS, and FAA Private Pilot (license #2860585) be exempted from the Federal Aviation Regulations 

(FAR's) listed below.

The exemption is needed in order to operate a small lightweight unmanned aircraft system (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will 

be conducted within and under the conditions outlined herein or as may be established

by the FAA as required by Section 333.§11.81.

The following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be 

considered.

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public or pose a threat to national 

security; and

The operated UAS, Phantom 2 Vison plus, meets all the requirements of an Ultralight aircraft 

except for the ability to carry a passenger. This aircraft is under 254 pounds as required for 

powered Ultralights, they are electric so they have less than 5 gallon fuel capacity, it is not 

capable of speeds over 55 knots, and it’s power-off stall speed is under 24 knots calibrated 

airspeed. If as requested, it is classified as an Ultralight Aircraft by regulations it cannot be used 

in congested airspace and can only be used in Class G Airspace without special authorization. As 

part of this application the UAS will only be used Line of sight in order to meet the public safety 

requirement of an exemption to Title 14 Chapter I Subchapter F Part 103 Subpart B §103.21

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

If as requested this UAS is classified as an Ultralight, it would not require a certificate of waiver, 

certificate of authorization, or airworthiness certification. As part of this application I will apply 
for a Certificate of Authorization so this UAS could support local Emergency Services as

necessary.

The following information is submitted to meet the requirement of the above act.

1. Name and address 

a. Edward Juden

b. 1313 Kingsbrook Circle, Mckinney, TX 75070

2. Section of 14 CFR from which I seek an exemption

a. 103.1 (a) Is used or intended to be used for manned operation in the air by a 

single occupant.

b. 103.1 (b) Is used or intended to be used for recreation or sport purposes only.

c. 103.21 No person may operate an ultralight vehicle except by visual reference 

with the surface.

3. The extent of relief you seek, and the reason you seek the relief

a. 103.1 (a) Request the operation of the air vehicle as an UAS. By definition it will 

not be manned.

b. 103.1 (b) Request that the UAS be allowed to be used for commercial purposes. 

It will be used for aerial photograph, agriculture field inspection and aerial 

property monitoring.

c. 103.21 Request that the vehicle be operated by visual reference “from the 

ground ” not “with the ground”. This will be accomplished by maintaining 

maximum altitude and distance from the PIC of 300ft.

4. The reasons why granting your request would be in the public interest; that is, how it 

would benefit the public as a whole.

a. By designating small UAS as Ultralight Aircraft and setting below requirements 

for an exemption to the probation for commercial use, public safety will be 

greatly enhanced. With the low cost of these devices many are in the process of 

using them in a non-regulated none tracked manner. In addition to the 

exemption list above the PIC will follow the below requirements.

i. 50 hours of flight time prior to use for commercial purposes. The hours 

will be documented on the standard FAA Log book.

ii. Operator currently holds an FAA Private Pilot’s License (#2860585).

b. The above stipulations along with the designation of this UAS as Ultralight will 

enhance public safety in the following ways.

i. Aircraft and PIC will be registered and connected to allow for 

accountability.

ii. Presently, with their low cost of these devices may people are operating 

these UASs in a non-regulated manner. By providing a way for the 

Aircraft to be registered to a Specific PIC, if there is an incident the 
aircraft can be traced back to an individual. I will notify the FAA if an 

aircraft is added or removed from the fleet.

1. UAS, Phantom 2 vision plus s/n PH645396082 v3

2. PIC Edward Juden FAA License: 2860585

iii. By matching the UAS to the PIC the FAA can review the log book to 

ensure that the PIC has spent the time with the particular aircraft to 

ensure safety.

iv. Although the UAS has a home function as a redundant safety feature, if 

the Aircraft should malfunction and not respond to the transmitter or 

home function, the PIC will notify the area controlling station in the 

same manner as an accidently released tethered balloon. Once an 

Aircraft is found the Serial number of the Aircraft can confirm the PIC 

responsible for it.

c. By designating the Aircraft as an Ultralight the rules and regulation for its 

operation are already established for safe operation in public airspace.

i. The Aircraft cannot operate above a congested gathering nor can it 

operate above congested parts of a town or city.

ii. The Aircraft can only operate within the hours of daylight, unless it has 

the applicable markings and safety light.

iii. The Aircraft can only operate in class G airspace. This will keep the 

aircraft away from other air traffic.

iv. The aircraft can only operate in airspace as stipulated by the cloud cover 

requirements within the proper 103. Ensuring safe operation around 

other aircraft.

d. As stipulated in the application I am asking for an exception stating that the UAS

can only operate less than 300 feet AGL. Although this more restrictive then the 

Ultralight requirements it will insure a clear line of sight connection between 

the PIC and the UAS.

e. Aircraft will operate in airspace controlled by emergency personnel only when 

PIC is in direct voice contact with Incident Commander or Designee.

f. Designating the UAS as an Ultralight, the following regulations will not apply 

however public safety will not be reduced by the actions listed and will be 

enhance by not being overly burdensome to the operator and increasing 

compliance. 

i. As stipulated in 103.7 (c) An "N" number will not be required. The "N" 

number is used for Aircraft identification. Limiting the Aircraft to Class 

G Airspace or Airspace controlled by emergency personnel under 

Incident commander control eliminated the need for visual 

identification of an aircraft within an Airport control. The requirement 

of the "N" number for accident identification is fulfilled by the 

registration of the Aircraft and the PIC.
ii. As stipulated in 103.7 (b) An Air worthiness certificate is not required 

and due the size of the drone. Similar to other Ultralight aircraft, the 

safety hazard represented by the Aircraft is limited. Also the 

requirement the aircraft will operate only in line of sight of the PIC and 

not over congested areas further reduce any hazard. Mandating that 

the PIC has a $500 thousand dollar insurance policy ensure that proper 

restitution can be made if an incident does occur. Public safety is 

improved by reducing the burden on operator to ensure proper 

registration and ensuring that the PIC is properly insured and trained.

iii. As stipulated in 103.7 (a) a pilot certificate is not required. Due to the 

differences in flying a UAS and operating a manned aircraft for personal 

of commercial use, little is gained from requiring one of these 

certifications for UAS operation. Passing the practical test and showing 

required logged time in a manned aircraft will not increase the safety of 

the drone operation. This being said, the part of the pilot certification 

that would be applicable is the knowledge and ground school portion of 

the certification. This part of the certification would give the PIC an 

understanding of the aircraft operations that the UAS will share NAS 

with and the importance of staying within its operating parameters. 

The Knowledge test is also only good for two years and will have to be 

renewed insuring recertification of a UAS operating permit. Public 

safety will also be enhanced by requiring that an FAA log be filled out 

showing knowledge of Specific UAS operation. The above will ensure 

public safety while not placing a burden on UAS operators that may 

encourage unregistered operation.

g. My request for an exemption differs from the majority of request that I have 

read but has many advantages.

i. Starting with the stipulating that these small drones are Ultralight 

aircraft, many of the rules and regulations necessary to keep a 

separation from other manned aircraft are already in effect.

1. No person may operate an ultralight vehicle except between 

the hours of sunrise and sunset.

2. Notwithstanding paragraph (1) of this section, ultralight vehicles 

may be operated during the twilight periods 30 minutes before 

official sunrise and 30 minutes after official sunset or, in Alaska, 

during the period of civil twilight as defined in the Air Almanac, 

if:

a. The vehicle is equipped with an operating anti-collision

light visible for at least 3 statute miles; and

b. All operations are conducted in uncontrolled airspace.
3. Each person operating an ultralight vehicle shall maintain 

vigilance so as to see and avoid aircraft and shall yield the rightof-way to all aircraft.

4. No person may operate an ultralight vehicle in a manner that 

creates a collision hazard with respect to any aircraft

5. No person may operate an ultralight vehicle over any congested 

area of a city, town, or settlement, or over any open air 

assembly of persons. 

6. UAS can only be operated in Class G airspace

a. No person may operate an ultralight vehicle within Class 

A, Class B, Class C, or Class D airspace or within the 

lateral boundaries of the surface area of Class E airspace 

designated for an airport unless that person has prior 

authorization from the ATC facility having jurisdiction 

over that airspace

7. Any person operating an ultralight vehicle under this part shall, 

upon request, allow the Administrator, or his designee, to 

inspect the vehicle to determine the applicability of this part.

8. No person may operate an ultralight vehicle in prohibited or 

restricted areas unless that person has permission from the 

using or controlling agency, as appropriate.

9. No person may operate an ultralight vehicle in areas designated 

in a Notice to Airmen under §91.137, §91.138, §91.141, §91.143 

or §91.145 of this chapter, unless authorized by:

a. Air Traffic Control (ATC); or

b. A Flight Standards Certificate of Waiver or 

Authorization issued for the demonstration or event.

10. The pilot or operator of an ultralight vehicle must, upon request 

of the Administrator, furnish satisfactory evidence that the 

vehicle is subject only to the provisions of this part.

11. No person may operate any ultralight vehicle in a manner that 

creates a hazard to other persons or property.

12. No person may allow an object to be dropped from an ultralight 

vehicle if such action creates a hazard to other persons or 

property.

13. No person may conduct operations that require a deviation 

from this part except under a written waiver issued by the 

Administrator. This section mandates that several aspect of 

Section 107 be waived ensuring proper registration of UAS 

being used in a commercial enterprise and that the PIC is 

properly experienced. 
ii. Stipulating these small UAS as ultralight aircraft an Airman certification 

is not required. By stipulating that the knowledge test portion of the air 

certification is enforced, all operators will be required to understand the 

requirement to keep UAS away from manned aircraft and the rules in 

which they will operate ensuring public safety. 

iii. Mandating document hours on the specific UAS prior to commercial use 

will ensure public safety by ensuring the PIC is proficient a particular 

airframe. This will also mandate the proper documentation to prove 

this proficiency.

h. There is no request to exercise the privileges of your exemption outside the 

United States.

Respectfully submitted

Edward Juden