Re: 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); 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)

Dear Sir or Madam:

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

(the “Reform Act”) and 14 CFR Part 11, Randall Esulto, operator of Small 

Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption from 

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

operation of its sUAS, so long as such operations are conducted within and 

under the conditions outlined herein or as my be established by the FAA as 

required by Section 333.

Commercial operation 

sUAS, as described herein, which are equipped with cameras and sensors, 

would operate in the following manner:

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 news-gathering.

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

contract with the owners or local government authority.

4.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.

5.The ability to offer training to persons individually or belonging to both 

private and/or public organizations that have interests in the use and 

application of sUAS for the purpose of the safe operation of sUAS to enhance 

the safety of the National Airspace System (NAS) as well as for the protection 

of the persons and property.

As described fully below, the requested exemption would permit the operation 

of sUAS under controlled conditions in the NAS that would be a) limited b) 

controlled c) predetermined and d) will provide safety enhancements to the

already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill 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.”

The name and address of the applicant is:

Attn: Randall L Esulto

Ph: 551-404-0698

Email: randyesulto@mac.com

Address: 490 Larch Ave Bogota, NJ 07603

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

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) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

My sUAS consist of a DJI Phantom 2 Vision Plus. This sUAS weighs less 

than 55lbs and has a maximum airspeed below 50kts. The sUAS has always 

been and will continue to be operated only in VLOS conditions and in daytime 

hours. Given the small size of these sUAS, the controlled circumstances in 

which they will be operated, and the numerous safety systems they contain, 

their use will conform to the Reform Act’s safety requirements and the 

approval of this petition presents no threat to the security of the NAS.

As a photographer, filmmaker, and hobbyist sUAS operator, I have created 

several short films highlighting historical sites and noteworthy locales in 

Bergen County NJ where I live and work. In response to my work, I have been 

approached by other film makers, real estate agents, property owners, 

caretakers, and even first-responders who would like to enlist my skills as an 

sUAS pilot & image creator in order to make the world around me a better 

place. From beautifying the world through creating (and helping others to 
create) artistic photos and videos for entertainment to using my films and 

photographs to help our local historical societies continue to attract tourists 

and educate locals to assisting our first-responders by providing them with 

potentially life-saving data; approval of my petition is in the public interest. 

With its small size, absence of human crew on-board, and absence of 

combustible fuel, my sUAS offers a safer, less intrusive, and more ecofriendly and cost-effective alternative to the use of a commercial helicopter. 

For our local historical societies, that means the ability to create inspiring 

photo and video content for websites that will be used to bolster tourism and 

educate local residents. As-such, it’s use is in public interest both for its safer 

approach to an existing task (filming from the air) and in the potential costsavings associated with hiring me as opposed to a helicopter, flight crew, and 

camera operator. 

In the case of being able to work with first-responders, my sUAS and skills as 

an operator have the ability to avoid risk to human life. For example, the 

ability to survey the extent to which a fire has spread through a structure can 

give fire fighters critical information allowing them to formulate the most 

effective and safest strategies possible when approaching an incident. First 

responders can hire me to, similarly, survey accident scenes, rescue 

operations, and other such scenarios where the only alternative is to send 

human beings into dangerous and life-threatening situations. 

While these examples are fine, the real public good is in the approval of 

exemptions for responsible, safety-minded operators like myself. By granting 

exemptions to those of us who appeal to the FAA out of a sense of 

responsibility to pursue our work legally and safely, you give our clientele 

(who are out there in numbers searching for people to provide them with 

“drone shots”) safe, responsible, and regulated options. 

By giving operators like me exemptions tied to safety protocols, the FAA gives 

those potential clients who are searching for professionals like me a pool of 

safe options to choose from which will have the side-effect of cutting down on 

the number of illegal operations because clients will demand that their sUAS 

operators be certified, legal, and safe. 

My goal is to continue to operate legally and safely with a certification to do so 

commercially. It is my hope that the FAA will look favorably upon this request 

for exemption from the aforementioned regulations as, contained herein, are a 

list of more effective and appropriate safety measures than those listed in the 

current regulations. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The operation limitations proposed 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:

1.The sUAS will weigh less than 55 lbs.

2.Flights will be operated within line of sight of a pilot and/or observer.

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

will be terminated at 25% battery power reserve or 30 minutes of flight time 

whichever occurs first.

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

Ground Level (AGL) and not more than 200 feet above an elevated platform 

from which filming is planned.

5.Minimum crew for each operation will consist of the sUAS Pilot, 

the Visual Observer (VO) and may include but not limited to a Camera 

Operator.

6.The sUAS pilot will be a designated Pilot in Command (PIC) and hold a

current Third or higher Class Medical Certificate, along with a valid state 

driver’s license. If the PIC feels another operator to be qualified with the 

necessary skills to be PIC & possess a Third or higher Class Medical and a 

valid state driver’s license, that person may be designated PIC provided they 

have a minimum of 20 hours of flight time with the sUAS.

7. A briefing will be performed regarding the planned sUAS operations prior to 

each day’s flight consisting of all the days’production activities.

8.The operator will file FAA Form 7711 -1, or its equivalent, as modified in 

light of the requested exemption, with the appropriate local Flight Standards 

District Office (FSDO) no more than 72 hours but no less than 48 hours from 

planned operation.

9.The operator will obtain verbal/written consent of all persons involved with 

the planned operation and ensure that only consenting persons will be 

allowed within 100 feet of the flight operation, and the radius may be reduced 

to 30 feet based upon an equivalent level of safety determination, as 

required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved.

10.The PIC and VO will have been trained in operation of sUAS and receive 

up to date information for the particular sUAS to be operated.

11. The PIC and VO will be able to communicate by voice, radio, and/or text 

at all times.

12.Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, fire or 

other appropriate governmental agencies.

13.If the sUAS loses communications or loses GPS signal, the sUAS will have 

the capability to return to a pre-determined location within a designate 

location
and land autonomously.

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

obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91.203 (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 limited operating area associated with the 

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. 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 sUAS. In all cases, an 

analysis of these criteria demonstrates that the sUAS 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 rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable 

liquid fuels, and operates exclusively within a secured and 

Designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements.

The FAA will have advance notice of all operations. These safety 

enhancements 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 posed 

by the sUAS, 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. § 45.23 (b). Marking of the Aircraft 

The regulation requires: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that 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-sport," "experimental," or 

"provisional," as applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption 

may be needed as the sUAS will have no entrance to the cabin, cockpit or 

pilot station on which the word “Experimental” can be placed. Given the size 

of the sUAS, 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 

its 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.” 

Pursuant to 14 CFR 61.113 (a)

No person who holds a private pilot certificate may act as a pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire. 

My sUAS do not carry any pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). The skills of piloting a manned 

aircraft are completely different from operating an sUAS remotely. The risks 

attendant to the operation of sUAS is far less than the risk levels inherent in 

the commercial activities outlined in 14 CFR 61. As such, the operation 

and limitations set forth in the FOM will equate to the safe operation of the 

sUAS.

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 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 for 

maintenance and 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.

Section 91.9 (b) (2) provides:

No person may operate a U.S. registered civil aircraft ... (2) 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 placards, 

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 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 sUAS will have immediate access to it.

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 flight. As FAA approved rotorcraft flight manuals 

will not be provided for the aircraft an exemption will be needed. The PIC will 

take all actions including reviewing weather, assessing flight battery levels, 

landing and takeoff distances, proximity to potential hazards, proximity to 

public & private property, notation of geomagnetic activity (solar flares, etc 

which could potentially affect the communication between the remote control 

and the sUAS), compass calibration, establishing of a “home point”” (the 

location to which the sUAS will return if it loses contact with the ground 

station) 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. sUAS and remotely piloted aircraft, 

by their design 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 approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will 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 operation of civil aircraft. Sectio

n 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, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow 

such operations. As set forth herein, the sUAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the sUAS is 

used to survey or photograph a structure whose height exceeds 400 feet 

AGL, the sUAS will not be operated more than 100' above the highest point 

on the structure. It will however be operated in a restricted area with 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, speed 

ofthe sUAS 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 filming activity, 

all 

affected individuals will be aware of the planned flight operations. Compared 

to flight operations with aircraft or rotorcraft weighting far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude 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. 

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 safety check 

list and live flight data monitoring, 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 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 30 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 sUAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for 

flight in daylight or twilight VFR conditions is reasonable. Applicant believes 

that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. Operating the small UAS, in a tightly controlled area where only

people and property owners or official U.S. Department of Transportation 

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 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 cabin or cockpit entrance so that it is 

legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs.and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to 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. 

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

Inspections.

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 applicant. 

Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. 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 sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the 

sUAS 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. 

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the sUAS Manufacturer's 

Manual, as referenced in the Aircraft Operations Manual (AOM). As provided 

in the FOM, the operator will ensure that the sUAS is in working order prior to 

initiating flight and perform required maintenance as needed.

.

Additional information

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 

provide more than adequate justification for the grant of the requested 

exemptions allowing the commercial operation of the applicant’s sUAS.

Best regards,

Randall Esulto, applicant