1-413-212-4565 

mark.liponis@gmail.com 

Exemption from Sections of 14 CFR: part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 

91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) and (b). 

Extant of relief: Petitioner desires exemption from the above named regulations for the 

purpose of conducting commercial aerial videography using Unmanned Aerial Systems 

(UAS) with Global Positioning System (GPS) control and stabilization. 

The petitioner supports its request with the following information: 

The petitioner provides the following information: 1. Unmanned Aircraft Systems 

(UAS); 2. UAS Pilot in Command (PIC) Requirements; 3. UAS Operating Parameters; 4. 

Public Interest and Safety; 5. Summary. 

1. Unmanned Aircraft System: 

The UAS proposed for use by the petitioner are airframes provided by DJI.com (DJI), 

used in conjunction with DJI hardware/software controllers, data signal processing, and 

GPS stabilization and navigation electronics. Radio Control (RC) transmitters, propellers, 

electric motors, and batteries are provided by DJI (Da- Jiang Innovations Science and 

Technology Co. Ltd.) is located at, Shenzhen, Guangdong Province, China. Please be 

advised that most Unmanned Aerial Systems (UAS) are modular (plug-in and replaceable 

parts that are commonly used in UAS), and that on hardware/software for controllers, 

data links, and GPS navigation are the most commonly used programmable electronics 

for navigation and control in UAS usage. 

The systems have the size, weight, speed, and limited operating area associated with the 

aircraft to be utilized by the applicant, an exemption from 14 CFR part 21 § 91.203 

(Airworthiness Certificates), subject to certain conditions and limitations, is warranted 

and meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

Section 333 of the FAA Modernization and Reform Act of2012 (PL 112-95). If these 

UAS are operated without an airworthiness certificate in the restricted environment and 

under the conditions and limitations proposed by the petitioner it will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 
parameters, to ensure the safety of persons and property within and surrounding the 

limited operating area. In the event the UAS loses communications, its GPS signal, or 

reaches 15% battery power, the UAS will have the capability to automatically return to 

the takeoff/PIC location within the limited operating area. Software for the controller 

could be coded for use by a particular unit so as to prevent interference or hijacking (part 

21 § 91.1 09). Controllers also have the capability to abort a flight in the event of 

unpredicted obstacles or emergencies. Distance from the PIC can be limited with DJI 

UAS software and the flights can be contained in the restricted secure flight areas, as well 

as preventing flights in restricted areas such as class B airspaces. 

UAS have been proven to have stable flight under severe gusty wind conditions (up to 40 

knots). Wind shear accidents can be of minimal impact when using a UAS with low mass 

and soft propellers such as UAS, though through diligent weather planning, avoidance is 

the best course. The UAS will have no airworthiness certificate, and an exemption may 

be needed from 14 CFR § 45.23 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, the two-inch lettering will be impossible. An equivalent level of safety will be 

provided by the UAS having flashing lights to draw attention to their operation. 

The maintenance requirements in the pertinent sections of 14 CFR, part 91 are only 

applicable to aircraft with an airworthiness certificate in accordance with part 43, 

therefore the petitioner has developed an as needed maintenance process for the UAS 

affected by this exemption. The petitioner intends to follow any manufacturers' 

recommended instructions and procedures when those maintenance procedures exist for 

certain components of its UAS (§ 91.9, 91.405, 91.407, 91.417). 

2. UAS Pilot In Command (PIC) Requirements 

The petitioner has experience in unmanned aircraft photography and videography. Any 

PIC incapacitation during operations will be addressed by loss of communication time 

out software and automatic navigation return to base/takeoff point activation. 

The petitioner has experience flying UAS and the skill or ability to safely operate an 

unmanned aerial vehicle, operating at 400 feet AGL or lower, within strictly controlled 

pre-approved airspace. 

3. UAS Operating Parameters 
The UAS batteries are self monitored for safe usage, overheating, and return to starting 

point when discharged to 30%, and are limited to how many times they can be charged 

safely before proper disposal. Flight control software will be constantly updated as 

required and will provide feedback to the manufacturer for maintenance, design, and 

safety updating(§ 91.405, 91.407, 91.409, 91.417). 

All UAS flights will be operated within visual line of sight (VLOS) of a pilot and/or 

observer, and that the UAS flights will be limited to a maximum altitude of 400 feet AGL 

(§ 91.119). The operator will ensure that only consenting production personnel will be 

allowed within 100 feet of the UA operation, but this radius may be reduced to 30 feet 

based upon an equivalent level of safety determination, with the advance permission of 

the local Flight Standards District Office (FSDO) and any needed NOT AM publish in an 

adequate time period. The petitioner asserts that an equivalent level of safety can be 

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

operated. The UAS will be operated within a safe operating perimeter, the boundaries of 

which will be determined by production personnel and the UAS PIC based on the sitespecific filming activities and speed of the UAS required for the operation, and 

coordinated with the jurisdictional FAA FSDO and local government officials as 

applicable. 

With respect to preflight actions, the petitioner notes it may need an exemption from 14 

CFR § 91.1 03, because it will not have approved rotorcraft flight manuals. The petitioner 

asserts that an equivalent level of safety will be achieved by the PIC taking all preflight 

actions as set by the manufacturer of the UAS and the pilot's own operating safety 

procedures to comply with insurance requirements including reviewing weather, flight 

battery requirements, landing and takeoff distance clearances, adequate GPS signal 

acquisition, and aircraft performance data acquisition on the controller before initiation of 

flight ( § 91.7 and 91.1 03 will be adhered to). 

With respect to the fuel requirements, the petitioner notes that, in order to meet the 30 

minute reserve requirements in 14 CFR § 91.151, UAS flights would have to be limited 

to approximately zero minutes. The petitioner argues that, given the limitations on the 

UA'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. The petitioner believes that an equivalent level of safety can be achieved by 

limiting flights to 25 minutes or 30% of battery power, whichever occurs first. 

The petitioner requests an exemption from 14 CFR § 91.121, as its U AS have GPS 

altitude readouts instead of a barometric altimeter. The petitioner asserts that an 
which it will operate, its proposed operation falls within that zone of safety in which 

Congress envisioned that the FAA must, by exemption, allow this commercial operation 

ofUAS to commence immediately. Also, due to the size of the UAS and the restricted 

areas in which the UAS will operate, approval of the application presents no national 

security issue. UAS systems the petitioner will use can be programmed in multiple ways 

to provide security and safety. The petitioner points out that given the clear direction in 

Section 333, the strong equivalent level of safety surrounding the proposed operations, 

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

impacts, and including reduced emissions associated with allowing UAS for movie and 

television operations, granting the requested exemptions is in the public interest. 

The petitioner's use ofUAS for documentary or educational videography will add to the 

public's knowledge base, allow for the public to experience video views of points of 

interest heretofore not available, and further constitutional rights to free speech. 

The petitioner is also a medical doctor, with a great sense of personal and public safety, 

with a keen understanding of the adage ''safety first." 

5. Summary 

The petitioner requests an exemption for himself, Mark Liponis, from Title 14, Code of 

Federal Rules pertaining to the safe, commercial usage of unmanned aerial systems 

(UAS) in controlled secured video production areas. Exemption from Sections of 14 

CFR: part 21; §§ 45.23(b); 61.113 (a) and (b); 91.9(b)(2); 91.103; 91.109; 91.119; 

91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(l); 91.409(a)(2); and 

91.417(a) and (b) are requested. The petitioner supports his request with the following 

information I. Unmanned Aircraft Systems (UAS); this section describes the UAS 

maximum capabilities and the failsafe and abort safety mechanisms that are programmed 

into the UAS; 2. UAS Pilot In Command (PIC) Requirements; this section describes the 

pilot asking for the exemptions and his experience and knowledge base, description of 

safe flight duties and preparation. 3. UAS Operating Parameters; this section describes 

the operating procedures that will be carried out to meet regulations and provide safety in 

operations, secure environment, and procedures when working with the local FSDO and 

local government authorities; 4. Public Interest and Safety; this section addresses some of 

the advantages ofUAS operations, especially the advantage for the public being privy to 

the exceptional views UAS videos provide.