July 20, 2015

Exemption No. 12095

Regulatory Docket No. FAA–2015–1057

Mr. R. Stephen White

3800 Blackwood Road

Bozeman, MT 59718

Dear Mr. White:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter posted to the public docket on April 16, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography and videography of property.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. However, the FAA 

received two neutral comments regarding the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner are an RCTimer, a Cinestar, and a DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 
2

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. R. Stephen White is granted an exemption from 

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 the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. R. Stephen White is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the RCTimer, 

Cinestar, and DJI Inspire 1(s) when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 
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operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 
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qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Exemption petition under Section 333

Your name and mailing address. You may include other contact information 

such as a fax number, telephone number, or email address:

Name: R. Stephen White (‘Petitioner’)

Address: 3800 Blackwood Road, Bozeman, MT 59718 

Phone: 406-579-0242

Email: rswhitemt@gmail.com

The specific section or sections of 14 Code of Federal Regulations (CFR) 

from which you seek an exemption:

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 

91 for purposes of conducting commercial aerial photography using UASs. Listed below are: (1) 

the specific sections of 14 C.F.R. for which exemption is sought; and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

equal to or better than the rules from which exemption is sought.

The extent of relief you seek and the reason you seek the relief:

Section 333 prohibits the use of a UAS for commercial purposes on private property. Petitioner 

is petitioning for an exemption to provide a commercial service to private land owners and 

companies who wish to obtain and capture aerial photos and videos of property for purposes 

including construction and restoration project progress, criminal evidence, advertising, real 

estate listings, insurance property claims, flooding event documentation and for use as a 

marketing tool for businesses. Petitioner would like to be able to accept payment for these 

services, therefore making this a commercial use of a UAS.

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

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. 

§91.203(a)(1). Given the size and limited operating area associated with the UASs to be utilized 

by the Petitioner, 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.
In all cases, an analysis of these criteria demonstrates that the UASs 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 rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed UASs operations.

Equivalent Level of Safety

The UASs will be operated under weighs 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 ‘sterile area’. Unlike other civil aircraft, the proposed operations in this petition for 

exemption will be controlled and monitored by the operator.

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

existing inspection operations, 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 UASs, due to it’s 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. Part 27: Airworthiness Standards: Normal Category Rotorcraft

This part sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent the Petitioner's UASs would otherwise require certification 

under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27’s airworthiness 

standards for the same reasons (and Equivalent Level of Safety referenced) identified in the 

exemption request from 14 C.F.R. Part 21, Subpart H.

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

This petition seeks an exemption from the aircraft marking and identification requirements of 14 

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, provides 

that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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.

14 C.F.R. § 45.27(a), Rotorcraft, states:
Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the 

cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the UAS has no entrance to the cabin, cockpit, 

or pilot station on which the word "Experimental" can be placed. Moreover, given the size of the 

sUAV, two-inch lettering would be impossible.

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief 

from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), which 

would require compliance with § 45.23(b).

Equivalent Level of Safety

The Petitioner will ensure compliance with any requests of the UAS marking by the FAA.

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

This petition seeks an exemption from the private pilot privileges and limitations of § 61.113 (a) 

& (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, 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 of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

Equivalent Level of Safety

Petitioner's UAS operators acting as PIC will hold a private pilot certification. Because the UASs 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety to § 61.113 (a) and (b), by requiring the PIC operating the UAS to have a private pilot 

certification.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing on board. Moreover, the area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance.

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

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. §

91.9(b)(2), which states:

(b) 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.
Given its size, configuration, and load capacity, the UAS has no ability to carry such a manual 

on the aircraft, not only because there is no pilot on board, but because there is simply no room 

or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed UAS operations, 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.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be 

in an airworthy condition to be operated. Inasmuch there will be no airworthiness certificate 

issued for the UASs, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness.

Equivalent Level of Safety

Given the size of the UASs and use of safety checklists prior to each flight, an equivalent level 

of safety will be provided.

14 C.F.R. § 91.103: Preflight Action

This petition seeks an exemption from § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA- approved 

Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be 

provided for the UAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the comprehensive preflight checklist. 

The PIC will take all actions, including reviewing weather, flight battery requirements, landing 

and takeoff distances, and aircraft performance data, before initiation of flight.

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

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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. Remotely piloted aircraft 

(UAS), by their design do not have fully functional dual controls. Instead, flight control is 

accomplished through the use of a control box that communicates with the UAS via radio 

communications.

Equivalent Level of Safety

Given the size and speed of the UAS, an equivalent level of safe training can still be performed 

without dual controls because no pilot or passengers are aboard the UAS, and all persons will 

be a safe distance away should the UAS experience any difficulties during flight instruction.

14 C.F.R. § 91.119: Minimum Safe Altitudes
This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated without 

hazard to persons or property on the surface provided that each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs 

proposed herein, and the lack of flammable fuel, any risk associated with these operations is far 

less than those presently presented with conventional aircraft. An equivalent level of safety will 

be achieved given the size, weight, speed of the UAS as well as the location where it is 

operated.

14 C.F.R. § 91.121 Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required because the 

UAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by using the GPS altitude indicator to constantly 

monitor the UAS height, thus ensuring operation at safe altitudes.

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

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for

flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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 25 minutes of powered flight. An 

exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery 

power, whichever happens first. This restriction would be more than adequate to return the UAS 

to its planned landing zone from anywhere within its limited operating area. Operation of the 

UAS 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.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration
This petition seeks an exemption from civil aircraft certification and registration requirements of 

14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent part:

(1) An appropriate and current airworthiness certificate

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it 

the following:

(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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate 

requirements, an exemption to this regulation is necessary because: (1) the UAS’s load capacity 

and size does not allow it to carry certification and registration documents; (2) the UAS does not 

have a cabin or cockpit entrance at which the documents could be displayed; and (3) there are 

no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed UAS operations, 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.

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance 

Inspections

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance 

and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) 

(stating that each owner or operator of an aircraft shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections . . . have 

discrepancies repaired as prescribed in part 43 of this chapter. An exemption to these 

regulations is needed because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, which the UAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because 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. 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.

If mechanical issues arise, the UAS can land immediately and will be operating from no higher 

than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time, create less risk than 

the same factors associated with conventional fixed-wing aircraft and rotorcraft performing the 

same operation.
How your request would benefit the public as a whole:

Petitioner request benefits the public as a whole by providing:

• Construction project progress photos and videos

• Environmental restoration project progress photos and videos

• Criminal aerial evidence photos (when crime area has been cleared of staff)

• Post-fire area photos and videos for evidence or fire path analysis

• Flooding events photos and videos for analysis and evidence

• Insurance company client photos and videos for record or evidence of claims

• Real estate listings needing aerial view photos and videos

• Advertising campaigns that need aerial photos and videos

• Aerial video for movie and documentary production

• Private residences that desire aerial photos and videos of their property

• Publications that need aerial photos relating to stories featured

• Documenting sporting events in remote mountain areas

The operation significantly improves safety and reduces risk by alleviating human exposure to 

danger associated with full size helicopters, due to the demand to provide filming services at low 

altitudes. The business and government entities in the above list have no options available to 

obtain low level aerial photos or videos. To provide aerial services to these entities safely, it 

requires a skilled pilot with the proper safe equipment. The public is served by learning more 

about properties being sold, projects being constructed and areas being filmed. Law 

enforcement gains greatly by being able to obtain valuable photographic information on criminal 

damages, as well as updates on flood and fire events.

Petitioner's UASs are battery powered and create no emissions. If Petitioner's UAS crashes, 

there is no fuel to ignite and explode. Any impact of Petitioner's lightweight UASs is, obviously, 

far less than a full size helicopter. The public's interest is furthered by minimizing ecological 

impact of an accident and by reducing human exposure to potentially harmful emissions 

associated with manned aircraft. Also, if mechanical issues arise, the UAS can land immediately 

and will be operating from no higher than 400 feet AGL.

The public interest will be served by granting this exemption. Congress has established a 

national policy that favors early integration of UAS into the NAS in controlled, safe working 

environments such as those proposed in this Petition. Granting this Petition for Exemption helps 

fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act—the FAA 

Administrator's assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking.

Reasons why the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to the existing rule:

Being an FAA licensed Private Pilot, a registered AMA RC Pilot and a pilot of UASs for over 20 

years, Petitioner fully understands and appreciates the importance of different uses and safety 

concerns regarding FAA regulated airspace. Thus, Petitioner would be a good candidate for 

exemption of Section 333 while not putting air safety in any amplified risk. 
To assist the FAA in its safety assessment of Petitioner's proposed UAS operations, below is a 

summary of operational limitations and conditions which will ensure an equivalent or higher level 

of safety to operations conducted under current regulatory guidelines:

• The UAS will weigh less than 55 lbs (generally less than 15 lbs)

• All flights will be operated within line-of-sight of a pilot and/or observer

• Maximum total flight time for each operational flight will be 25 minutes, often less than 20 

minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 

25 minute limit.

• All flights will operate under the speed of 20 knots

• All UASs are equipped with telemetry that provides in-flight battery use and usage. This 

provides pilot with continual information of battery level and amount of flight time available.

• All flights will be operated at an altitude of no more than 400 feet above ground level (AGL), 

and often less than 100 AGL.

• The UAS pilot will be an FAA licensed airman with a private pilot's certificate

• The UAS will only operate within an area clear of people, sporting events, suspended cables, 

power lines and away from airport restricted areas (‘Sterile Area’)

• All operations will be conducted during daylight hours, and in a VFR setting

• All flights are done in fair weather void of rain, snow and strong wind

• Pilot will have been trained in operation of UAS generally and will have received up-to-date 

information on the particular UAS 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 UAS loses communications or loses its GPS signal, the UAS is equipped with advanced 

safety features that will allow the UAS to automatically return ‘home’ (and land if necessary) to 

a pre-determined location.

• Flight Control technology on all UASs include altitude, climb rate, ground speed, direction, 

horizon, battery strength, battery usage, distance from pilot and GPS satellite connections in 

attached monitor.

• All flights would adhere to any relevant NOTAMS

• All flights would be conducted after completing a comprehensive checklist (attached)

• All flights and specifics of activity will be recorded in a logbook

The specific UASs Petitioner is seeking exemption with is one with many safety features built 

into the sophisticated Flight Control, including GPS navigating and full telemetry.

In addition, Petitioner intends to follow the below suggested safety regulations:

• Always keep aircraft in sight and under control.

• Always keep people and pets at least 35 feet (10 meters) away when the battery is connected.

• Keep children out of the vicinity of this product at all times.

• Always begin flights with fully charged batteries (aircraft and transmitter).

• Always keep transmitter powered on while aircraft is powered.

• Always keep moving parts clean.

• Always keep parts dry.

• Always let parts cool after use before touching.

• Always remove batteries after use.
• Always have a first aid kit available

• Always have an appropriate fire extinguisher available

• Never operate aircraft with damaged wiring

• Never touch moving parts.

A summary we can publish in the Federal Register:

Petitioner R. Stephen White, a Montana resident, is seeking an exemption of the FAA’s Section 

333 rules that does not allow the use of an Unmanned Aircraft (UAS) to be used for commercial 

purposes in regards to National Airspace Safety (NAS). Further, Petitioner’s exemption request 

is for purposes including video and photo production for construction and restoration project 

progress, criminal evidence, advertising, real estate listings, insurance property claims, fire and 

flooding event documentation, movie and documentary production, aerial filming of sporting 

events in remote locations, publication photos and for use as a marketing tool for businesses.

Further, 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:

Petitioner seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 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).

Being an FAA licensed Private Pilot, a certified AMA RC Pilot and therefore understanding the 

importance of different uses and safety concerns regarding FAA regulated airspace, Petitioner 

would be a good candidate for exemption of Section 333 while not putting Air Safety in any 

amplified risk. The specific UASs (all utilize DJI’s sophisticated Flight Control technology) 

Petitioner is seeking exemption with many safety programs, including telemetry technology and 

GPS navigating. 

When flying for this commercial purpose, Petitioner would be flying at a maximum altitude of 

400 (and often less that 100) feet. Most flights are performed vertically and within a limited area. 

All flights are line of sight from the pilot, in fair weather and in a VFR environment. Petitioner’s 

general knowledge of the aviation safety systems implemented by the FAA would be used to 

ensure that safety would not be affected by Petitioner’s operations. Petitioner would not be 

flying near disaster areas, sporting events, or high traffic areas including airports, and would pay 

attention to all relevant NOTAMS. Petitioner would appreciate the FAA’s consideration of this 

petition for exemption.

Any additional information, views, or arguments available to support your 

request:

The proposed operations would permit the use of small and relatively inexpensive UAS under 

controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to 
access, and; (4) would provide an increased level of safety beyond that of manned fixed or rotor 

wing aircraft are used to accomplish the same purpose.

Approval of request helps fulfill Congress' goal in passing Section 333(a) through (c) of the 

Reform Act, namely, the FAA Administrator's assessment of whether certain UAS may operate 

safely in the National Airspace System before completion of the rulemaking required under 

Section 332 of the Reform Act.

Petitioner's UASs are rotorcraft, weighting 55 or fewer lbs including payload. They operate, 

under normal conditions, at a speed of no more than 20 knots and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously.

Petitioner's UASs will operate only in line-of-sight and will operate only within a ‘sterile area’. 

Such operations will insure that the UAS will "not create a hazard to users of the National 

Airspace System (NAS) or the public.”

Given the small size of the UASs involved and the restricted sterile environment within which 

they will operate, this petition for exemption falls squarely within that zone of safety (i.e., 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 restricted areas in which the UASs will operate, approval of the application presents no 

national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

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

operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for the 

proposed operations, the grant of the requested exemptions is also in the public interest.

Petitioner is fully aware of the pre flight safety checks and procedures implicated in the 

operation of applicant’s UASs and intend to implement pre-flight safety checks and utilize the 

safety technology provided with the unit(s). Petitioner intend’s to only fly in non-populated, 

residential or rural areas and stay clear of all utility lines etc. Petitioner also intends to be fully 

aware of surroundings at all times and to only fly the UAS within a visual line of sight and only in 

Visual Flight Conditions (VFR) and fair weather.

Petitioner’s FAA Issued Private Pilot License Certificate Number is available by request.

Petitioner’s Membership Number in the Academy of Model Aeronautics is available upon 

request.

Petitioner has years of experience of UASs and fully understands the operations of UASs and 

will comply with all the health and safety regulations for PIC for this exemption.

Also attached for review (Related to UASs listed below):

• Flight checklists (FAA2 - Steve White)

• DJI NAZA Flight Control Manual (FAA5 - Steve White)

• DJI WOOKONG Flight Control Manual (FAA4 - Steve White)
• DJI Inspire 1 Operations Manual (http://download.dji-innovations.com/downloads/inspire_1/en/

Inspire_1_User_Manual_v1.0_en.pdf)

• DJI Inspire 1 Safety Manual (FAA3 - Steve White)

UASs descriptions:

RCTimer Hexacopter:

Boom Length: 6x 11.40”

Height: 14”

Flying Weight: 5.5 lbs

Propellers size: 6x 10”

Flight Controller: DJI NAZA-M w/ GPS, iOSD Mini

Motors: 6x Brushless Outrunner Motor, 1000Kv

ESCs: 6x 20-Amp Brushless ESC

Battery: 3S 11.1V 5000mAh 30C Li-Po Rechargable

Transmitter: Turnigy TGY-9X

Cinestar Hexacopter:

Boom Length: 6x 15”

Height: 19”

Flying Weight: 10.5 lbs

Propellers size: 6x 14”

Flight Controller: DJI Wookong w/ GPS, iOSD Mini

Motors: 6x Brushless Outrunner Motor, 1000Kv

ESCs: 6x 35-Amp Castle Brushless ESC

Battery: 4S 14.8V 5000mAh 60C Li-Po Rechargable

Transmitter: Turnigy TGY-9X

DJI Inspire 1 Quadcopter:

Boom Length: 2x 9”

Height: 12.5”

Flying Weight: 8 lbs

Propellers size: 4x 13.5”

Flight Controller: DJI w/ GPS, OSD

Motors: 4x Brushless DJI Outrunner Motor

ESCs: 4x Brushless DJI ESC

Battery: 6S 22.2V 4500mAh Li-Po Rechargable

Transmitter: DJI

Operations Note: This UAS’s Flight Control (FC) system is pre-programmed to prevent 

operation within the restricted areas of airports. Depending upon distance, the DJI FC will 

automatically control the altitude of operation. If too close, take-off is prevented by the FC.

If you want to exercise the privileges of your exemption outside the United 

States, you must state the reason.
Petitioner has no intention on using this exemption outside the United States