November 9, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Brian K. Snapp (hereby “Snapp”) d.b.a. Snapp Video Productions for

an exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H; 61.113(a) &

(b); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(l); 

91.409(a)(2); 91.417(a) &(b); 91.7(a).

This application is submitted by:

Brian K. Snapp d.b.a. Snapp Video Productions

119 Savage Trail

East Stroudsburg, PA 18301

(570) 801-1984

To whom it may concern:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11, Snapp, hereby applies for exemptions from the following Federal 

Aviation Regulations (FARs) in order to operate a small Unmanned Aircraft System 

(sUAS) for commercial services in airspace that is governed by the Federal Aviation 

Administration (FAA). All flight operations will be conducted under the conditions and 

boundaries outlined herein or as established by the FAA in accordance with Section 333.

The exemptions, as requested Snapp, would permit the provision of commercial services 

to customers in need of aerial services from a sUAS. Snapp requests these exemptions in 

order to perform commercial aerial services outdoors, in the following areas:

1. Real Estate Videography/Photography

2. Golf Course Videography/Photography

3. General Videography/Photography

4. Aerial Inspection

5. Agriculture

6. Surveying

Pursuant to 14 CPR § 11.87, Snapp requests that the FAA not delay action based on 

the following:

1. The requested relief is identical to exemptions granted previously and does

not set a precedent. Specifically Exemptions;

• 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)

• 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642)
2. In all exemptions, 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 sUAS operation enabled by this exemption is in the 

public interest.

3. Snapp is seeking this exemption in order to operate a DJI Phantom 3 

Advanced quadcopter equipped with a 1080p camera, weighing 2.82 pounds 

(battery and propellers included), transmitting between controller at 2.4GHz 

at max 2000 meters. DJI Phantom 3 Advanced safety features are specified in 

the DJI Phantom 3 Advanced User Manual (EN) v1.6, include GPS lock, 

distance limits, altitude limits, failsafe mode and automatic Return To Home 

(RTH) mode. Current aircraft specifications: firmware: ver. 1.4.0010, 

Remote Controller firmware: ver. 1.3.20, DJI Go app: Android, ver. 2.4.0.

Snapp has been flying this aircraft successfully for 7 months and all safety 

features work as described. Snapp asserts that previous exemptions have 

been granted for the DJI Phantom 3 Advanced model and version.

4. A delay in action on this petition would adversely affect pending requests for 

aerial services and result in lost opportunity and wages for participating crew, 

and a delay in the public benefit of granting this petition. In addition, a 

competitive disadvantage for unapproved commercial sUAS PICs exists and

continues to grow every day.

Also, pursuant to 14 CFR §11.87

Regulations for which exemption is requested: 14 C.F.R. Part 21, Subpart H; 61.113(a) &

(b); 91.119(c); 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(l); 91.409(a)(2); 

91.417(a) & (b); 91.7(a).

As set forth, (taken from the “Conditions and Limitations” of a recent FAA granted 

Section 333 exemption) Snapp agrees that the limitations and conditionsof this 

exemption requestinclude:

1. Operations authorized by this grant of exemption will be limited to the DJI 

Phantom 3 Advanced 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 are not for the purpose of closed-set motion picture and television 

filming.

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

The exemption holder will 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 will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude will be reported in feet AGL.

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

The PIC will 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 will utilize a visual observer (VO). The UA will be operated within 

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

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

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

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

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

the duration of the flight. The PIC will 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 will 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 will be

followed. Otherwise, the operator will follow the procedures as outlined in its 

operating documents. The operator will update or revise its operating documents. It 

is the 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 will 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 will petition for an amendment to its 

grant of exemption. The FAA’s UAS Integration Office (AFS−80) will 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, 

will undergo a functional test flight prior to conducting further operations under this 

exemption. Functional test flights will only be conducted by a PIC with a VO and 

must remain at least 500 feet from other people. The functional test flight will 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 will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will 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 

will be 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 will 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 will comply with all 

manufacturer safety bulletins.

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

commercial, private, recreational, or sport pilot certificate. The PIC will 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 will 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 will 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 qualification flight hours and currency will 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 will 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 will

operate the UA with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119.

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

operations will be conducted under visual meteorological conditions (VMC). 

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

16. The UA will 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 will 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. Snapp is not requesting tethered UAS operations.

19. If the UAS loses communications or loses its GPS signal, the UA will return to

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

20. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

21. The PIC will not begin 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.

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

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

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

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

23. All aircraft operated in accordance with this exemption will 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.

24. 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 will be available to 

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

These documents will be made available to the Administrator or any law 

enforcement official upon request.

25. The UA will remain clear and give way to all manned aviation operations 

and activities at all times.

26. The UAS will not be operated by the PIC from any moving device or vehicle.

27. All Flight operations will 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 

will 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 will 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.

28. All operations will 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.

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

boundaries of the operational area as defined by the applicable COA will 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.

Section 45.23(b): Marking of the Aircraft

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 PIC 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).

Per 23 above: All aircraft operated in accordance with this exemption will 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.

Section 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in

Command.

Snapp is seeking relief from this regulation, as the requirement for a 

Commercial Pilot License with a second class medical would be an

unnecessary burden on the PIC with regard to obtaining and certifying UA

pilots.

The sUAS will not carry a pilot or passengers, and the proposed operations can 

achieve the equivalent level of safety by requiring the pilot to possess a private 

pilot's license only, and a Driver’s License. This level of knowledge and skill 

combined with the safe operating procedures will more than adequately allow 

safe operation within the national airspace system, and with regard to 

persons or property on the ground. The additional knowledge and skill 

requirements for a Commercial Pilot's license do not add any level of safety with 

respect to closed‐set small sUAS operations in the same manner they do with

full scale, passenger‐carrying aircraft.
Section 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

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 Above Ground Level (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. 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 notification and consent when

required.

The equivalent level of safety will be achieved given the size, weight, and 

speed of the 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 as set forth in the GOM. Compared to flight operations with 

aircraft or rotorcraft weighing 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 present with conventional aircraft operating at 

or below 500 AGL in such applications. In addition, the low‐altitude

operations of the sUAS will ensure separation between these sUAS operations 

and the operations of conventional aircraft that must comply with Section

91.119.

Section 91.121: Altimeter Settings

Snapp is seeking relief from this regulation, as the UA will not have a 

barometric altimeter.

Section 91.121 requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “... to an elevation of the 

departure airport or an appropriate altimeter setting available before 

departure.” As a sUAS may not have a barometric altimeter, but instead a 

GPS altitude data, an exemption is needed. An equivalent level of safety will

be achieved by the PIC, pursuant to a safety check list, confirming the altitude 

of the launch site shown on the GPS altitude indicator before flight.

Section 91.151(a): Fuel Requirements for Flight in VFR Conditions

Snapp is seeking relief from the fuel requirements of this FAR as current battery

technology allows the sUAS to fly for approximately 15‐30 minutes in normal

conditions. As 91.151(a) requires a 30 minute reserve AFTER reaching the 

point of intended landing, there is no practical flight possible under this
regulation.

An equivalent or greater level of safety exists as the exact battery level 

remaining is transmitted to the pilot via radio telemetry, and given that the

operating area for the sUAS is in close proximity to the PIC, an unsafe 

condition where the sUAS is unable to return for landing due to low battery

condition is easily avoidable. Additionally, should a defective battery

prematurely deplete, the UA is configured to auto land (Fail-safe) above the 

point at which the flight controller detects low voltage. Otherwise, a flight

limit of 25 minutes or 25% battery remaining is the standard procedure.

Section 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:

b) An appropriate and current airworthiness certificate. . .

c) 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. Each sUAS

operated by Snapp will be registered with the FAA and all documentation

carried by the PIC.

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. The FAA has 

issued numerous exemptions to this regulation. A representative sample of

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797,

9797A, 9816A, and 10700.

Section 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance

Inspections

Snapp is seeking relief from the above stated FAR's as the sUAS will not 

have an airworthiness certificate. Therefore there is no requirement to 

perform an inspection in order to maintain airworthiness as stated in

Appendix D to Part 43 for 100 hours and annual inspections.

An equivalent or greater level of safety exists as the Snapp does prescribe 

regular maintenance and inspections, compliance with manufacturer's service 

bulletins, test flights after maintenance, technician training, firmware 

upgrades and so forth, in the scope and detail of Appendix D to Part 43. In 
addition, while mechanical failures are not out of the question, a crash 

resulting from a catastrophic failure has a very small amount of risk of injury 

when compared to a failure in a passenger carrying full size aircraft, for which 

this regulation was intended.

Section 91.7(a) Civil Aircraft Worthiness

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 meets 

the conditions of Section 333. Therefore, the FAA finds that 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.

Regarding the public interest, Snapp believes that allowing commercial use of small, 

unmanned aircraft will enhance the safety of aerial video operations by reducing the 

risk associated with low altitude full size aircraft operations. A manned, turbine 

powered helicopter operating in close proximity to production personnel on the ground

has a far greater risk of injury than a small, lightweight sUAS carrying no combustible 

fuel, especially when the sUAS is operating within the parameters FAA guidelines. 

Additionally, the safe integration of sUAS within the national airspace is a growing 

concerns amongst pilots, the FAA, and general public. This exemption would provide a 

safe stepping-stone to a more robust set of future sUAS rules.

Regarding privacy, all flights will occur over private or controlled access property with 

the property owner’s prior consent and knowledge. Videography or photography will 

be of people who have also consented or otherwise have agreed to be in the area where

filming will take place.

Snapp asserts that satisfaction of the criteria provided in Section 333 of the Reform

Act of 2012, size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national security – provide 

more than adequate justification for the grant of the requested exemptions allowing 

commercial operation of Snapp’s sUAS. Thank you for your time and consideration.

Brian K. Snapp d.b.a. Snapp Video Productions

119 Savage Trail

East Stroudsburg, PA 18301

(570) 801-1984