Mr. James Williams 

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

U.S. Department of Transportation, 

October 3, 2014 

William Buchanan 

208 Brookletts Ave 

Easton, MD. 21601 

(410)714-3419 

buchananwr@gmail.com. 

http://www.esadp.com 

Docket Operation West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Request for exemption from multiple regulatory provisions to allow the use of small 

unmanned aerial systems on land controlled by clients of Eastern Shore Aerial Drone 

Photography (ESADP) 

Dear Mr. Williams: 

Eastern Shore Aerial Drone Photography (ESADP) respectfully requests an exemption from 

several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of 

small unmanned aerial systems (sUAS) to assist in the evaluation of infrastructure and 

operations for our clients. This request is motivated primarily by the desire to maximize safety in 

infrastructure and operations. While an exemption would not eliminate the current need for inperson visual inspection required by various federal regulatory departments, it would allow 

ESADP to broadly evaluate assets and operations with sUAS, resulting in a safer and more 

efficient infrastructure network. Accordingly, the grant of an exemption is consistent with 

Congress' intent, reflected in Section 333 of the FAA Modernization and Reform Act of 2012 

(Modernization Act), 1 that safe systems be permitted in the national airspace prior to the 

issuance of final regulations governing general use of these systems.2 A summary of this 

request suitable for publication in the Federal Register is provided as Appendix A. 

Appendix B provides the manufacturers information regarding the design, aircraft performance, 

and fail-safe features. We have provided manufacturer information related to operating 

limitations, normal and emergency procedures, and maintenance and inspection procedures. As 

we add aircraft designs, we will update this appendix appropriately. 

Appendix C provides the Drone Fleet & Aerospace Management Operations Manual for flights 

covered under this Exemption Request. 
BACKGROUND INFORMATION: 

ESADP is in the business of providing professional video for real estate and Vacation Resort 

clients utilizing drone footage of the property. ESADP Clients look to us for Safe Operations of 

UAS. We have developed specific ESADP Safe UAV Operational Procedures. 

As part of this ESADP is requesting FAA Exemption for sUAS operations for real estate and 

Vacation Resort video capture usage. 

Regulatory Basis for Exemption Request 

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant 

an exemption under 49 U.S.C. §44701 (f) if it has determined that such an exemption is in the 

public interest. The FAA has imposed a separate requirement in its procedural regulations, 

providing that the petitioner shall explain why granting the exemption would not adversely affect 

safety or how the exemption would provide at least an equivalent level of safety as compliance 

with the underlying regulation. In this case, approval of this exemption would advance the public 

interest by significantly enhancing the safety and efficiency of infrastructure operations and by 

providing the FAA with valuable user experience on sUAS in a context with appreciable 

economic and societal benefits. As described more fully below, the requested exemption would 

permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations 

will not have an adverse impact on safety. To the contrary, as explained below, ESADP 

anticipates that use of sUAS will enhance safety in infrastructure operations. Granting an 

Exemption is in the Public Interest. The safety and efficiency of infrastructure operations is 

heavily dependent upon constant analysis of assets, right-of-way, infrastructure and other 

assets/facilities: There are a wide variety of factors that can affect conditions and cause 

problems for infrastructure. Even relatively small objects or minor failures can lead to accidents 

or other incidents causing downtime of infrastructure. Extreme weather events can lead to 

flooding or overheating infrastructure. For example earthquakes, landslides, and abandoned 

vehicles at grade crossings can block infrastructure. The potential for sabotage and terrorism -

or even just trespassing - are also among the many risks that modern infrastructure faces. 

As a result, pursuant to federal regulations and company policy, our client's maintenance 

employees routinely inspect the infrastructure, such as bridges, tunnels, support structures, and 

signals. At present, this work is done primarily by company personnel in motor vehicles, on foot, 

in specialized equipment. This is often a labor-intensive and sometimes arduous job. While our 

clients do all they can to make these inspections as safe as possible, there is an irreducible 

element of risk involved whenever employees are required to go out on structures. Employees 

may need to climb over or onto structures, which can be slippery, rough, and/or exposed to the 

elements. Some structures, such as bridges, are high above the ground. Equipment moving 

through inspection zones can increase risk as well, especially in high-traffic areas. While the 

use of sUAS for supplemental infrastructure and general asset evaluation would not eliminate 

these risks entirely (as it is an additive safety measure), it would reduce the risks to employees 

by allowing for remote aerial review. 

Additionally, the sheer amount of assets and the widely dispersed locations - in many instances 

far from sizeable population centers - means that visual inspection in all instances by company 

personnel can be inefficient. Aerial analysis by traditional fixed wing aircraft is impractical 

because the required altitudes for safe flight reduce visibility below meaningful levels- it is 

simply not possible to see all asset anomalies from such heights. Helicopters present better 

vantage points; however manned helicopters are much more costly, subject to human safety 

and carry highly explosive jet fuel making them impractical for deployment. 
Granting an Exemption will not Adversely Affect Safety 

ESADP notes that there is no applicable standard for an equivalency determination. Some have 

argued that the appropriate standard is that for model aircraft, noting that their operations, if 

conducted for recreational purposes, would fall completely within the allowable operations for 

model aircraft. We believe it is difficult to argue that there is sufficient correlation between model 

operations controlled by the Academy of Model Aeronautics and the ones contemplated by 

ESADP. At the same time, it is clear that equivalency cannot be established for traditional, 

manned civil aircraft because the design and use profiles between traditional aircraft and sUAS 

are simply too different. As such, we believe it makes more sense to focus on why the 

contemplated operations would not adversely affect safety, which is all that §11.81 (e) requires. 

Granting an exemption will not adversely affect safety. ESADP contemplates conducting sUAS 

operations over client owned or controlled land, solely during daylight hours, at altitudes well 

below that which would pose a risk to other aircraft. In general, sUAS operations are intended to 

be conducted in areas distant from both congested areas and airports. Moreover, because of 

the inherent risks presented by standard infrastructure operations, our clients have already 

taken steps to secure property against unauthorized public access. The nature of operations 

anticipated by ESADP requires that the sUAS be flown at relatively low altitudes and relatively 

low speeds. ESADP expects that in most instances, the sUAS will be flown less than 75 feet 

from the highest structure along the path of the sUAS. Accordingly, the risk of interference with 

another aircraft is minimal. ESADP also plans to conduct sUAS operations at least three miles 

from any public airports (including heliports). In the event an operation needs to be conducted 

closer to an airport, ESADP will inform the airport operator and airport air traffic control tower of 

the contemplated operation and will comply with any directions issued by air traffic control at 

that airport. 

Approval of exemptions allowing commercial operations of sUASs in the infrastructure aerial 

inspection industry will enhance safety by reducing risk. Conventional operations, using jet or 

piston power aircraft, operate at extremely low altitudes just feet from the subject being 

inspected and in extreme proximity to people and structures; and present the risks associated 

with vehicles that weigh in the neighborhood of 4,0001bs., carrying large amounts of jet A or 

other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the inspection site. 

In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the inspection site. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein, including 333 Aircraft Exemption Status exempting the applicant from 

conventional aircraft requirements and allowing commercial operating area. Should there be a 

mishap, the sUAS being flown pose significantly less of a threat than the helicopters and fixed 

wing aircraft now being employed because they are a fraction of the size, carry no flammable 

fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in stark 

contrast to conventional aircraft that are flown to the site, carry explosive fuel, carry passengers 

and crew, and operate in a much larger area. 

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are 

also qualified to fly the type of sUAS that are utilized for infrastructure image-capture operations. 

There are even fewer commercial pilots that can fly these sUAS- to the point that to do both is 

considered rare. Assuming that it is unlikely for a company to find a pilot that has both 

qualifications, that company would either have to source a qualified sUAS pilot to train and 

obtain a commercial certificate, or find a commercial certificated pilot who would be willing to 

learn to fly a sUAS to the competency level required for professional use. 
Minimum requirements for the PIC include: 

1) Private Pilot's license and a Class Ill medical; 

2) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at 

least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); 

3) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be utilized for 

operations under the exemption and 3 take offs and landings in the preceding 90 days; 

4) Have undergone a qualification process as specified in the Flight Operations & Procedures 

Manual consisting of a knowledge & skill test of the aircraft to be used. 

Another consideration supporting the certificate requirement is that pilots holding a private pilot 

certificate are subject to security screening by the Department of Homeland Security. This 

requirement should ameliorate security concerns over UAS operations under this exemption. 

ESADP intends to use commercially available sUAS Components for sUAS. These sUAS 

systems will be tested for quality & safety in our test facility before being deployed to the field. 

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. We have a routine maintenance schedule to verify that the 

sUAS will remain in safe and operational condition. Please see Appendix B, for Specific Types 

of sUAS. 

Notes Regarding: 14 C.F.R. Part 21 , Subpart H 

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in reference to 49 

USC 44704, and in consideration of the size, weight, speed, and limited operating area 

associated with the aircraft and its operation, we request that this aircraft exemption meets the 

conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any 

associated noise certification and testing requirements of part 36, is not necessary. 

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft 

Given the size of the sUAV, two-inch lettering will be impossible. UA 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 will be as large as 

practicable. 

Notes Regarding: 14 CFR § 91. 7(a) Civil Aircraft Airworthiness 

ESADP's request is based on the fact that no airworthiness certificate will be issued for the 

UAS. ESADP's UAS will not require an airworthiness certificate in accordance with 14 CFR part 

21 , Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption 

from § 91. 7(a) is not necessary. 

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard 

Certifications required, the original intent of these regulations was to display an aircraft's 

airworthiness, certification, and registration documents so they would be easily available to 

inspectors and passengers. Based on the FAA Memorandum subject "Interpretation regarding 

whether certain required documents may be kept at an unmanned aircraft's control station," 

dated August 8, 2014, the requested relief from 14 CFR §§ 91 .9(b)(2) and 91 .203(a) and (b) is 

not necessary. 

Notes Regarding: §91.1 09 Flight instruction; Simulated instrument & certain flight tests Small 

UASs, 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. 

Aircraft being considered for use by ESADP allow the UAS Instructor to place the aircraft into 

'loiter' mode (fixed altitude stationary hold). In the event of the student losing control, the UAS 

Instructor can quickly and via alternate equipment (equipment not in the hands of the student) 

place the aircraft into a mode that then allows the instructor to bring the aircraft back into control 

and back to the pre- determined and/or safe landing location. 

ESADP does not describe training scenarios in which a dual set of controls would be utilized or 

required, i.e. dual flight instruction, provided by a flight instructor or other company-designated 
individual, that would require that individual to have fully functioning dual controls. Rather, 

ESADP evaluates the qualification of its PICs based on their experience with the UAS to be 

operated and verifies through testing, in lieu of formalized training. As such, ESADP does not 

seek relief from 14 CFR § 91.109. 

Notes Regarding§ 14 CFR 91 .119(b) 

Relief from§ 14 CFR 91.119(b), operation over congested areas, is not applicable, because the 

ESADP's operations will only be conducted within the secured area described herein. 

ESADP SAFETY OPERATIONS & PROCEDURES OVERVIEW: 

TECHNOLOGY CONSIDERATIONS: 

Best-in-class, tried and proven technologies that are in advanced iterations. Software from 

highly-reputable industry partners will include features -

1. Auto descent (landing) if communication signal were to be severed. If the sUAS loses 

communications, the sUAS will have capability to return to a pre-determined location within the 

Security Perimeter and land. 

2. Auto descent (landing) if battery were to drop lower than nominal level. 

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback. In other words, we can monitor 

the scene from the vehicle's perspective for collision avoidance, and to maintain spatial 

orientation. 

5. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all 

times: speed, altitude, number of GPS satellites (when available), heading and voltage. 

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) link failures 

occur (highly improbable}, vehicle returns automatically to the point of launch. 

8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination 

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot. 

MECHANICAUPHYSICAL: 

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, 

thus eliminating the concern of signal severance (flying behind objects/walls). 

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 

3. Batteries should far exceed the capacity required for actual flight time. 

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

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site. 

6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as 

otherwise authorized by the FAA. 

PERSONNEL: 

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal 

op, director) 

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle 

control/communication. 
3. A briefing will be conducted in regard to the planned sUAS operations prior to each day's 

activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 

4. The operator will obtain the consent of all persons involved in the sUAS operations 

and ensure that only consenting persons will be allowed within 100 feet of the flight operations. 

5. Observer and pilot will at all times be able to communicate by voice. 

6. Written and/or oral permission from the relevant property holders will be obtained. 7. Pilot and 

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

information on the particular UAS to be operated. 

OPERATIONS: 

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy 

source(s) and equipment. Operations authorized by this petition of exemption are limited to the 

following aircraft described in Appendix B. Proposed operations of any other aircraft will require 

a new petition or a petition amendment to this request. 

2. The UA may not be flown at a ground speed exceeding 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), 

as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC 

must be in feet AGL. 

4. 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 medical certificate. 

5. All operations must utilize a visual observer (VO). 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. 

6. The operator's manual included as Appendix C and this petition of exemption must be 

maintained 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 

operator's manual, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operator's manual. 

The operator may update or revise its operator's manual. It is the operator's responsibility to 

track such revisions and present updated and revised documents to the Administrator upon 

request. The operator must also present updated and revised documents if it petitions for 

extension or amendment. If the operator determines that any update or revision would affect the 

basis for which the FAA grants this petition for exemption, then the operator must petition for 

amendment to their exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operator's manual. 

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. The Ground Control Station, if utilized, must be included 

in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

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 in accordance with the operator's manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The requirements and 

procedures for a functional test flight and aircraft record entry must be added to the operator's 

manual. 

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 
maintenance/component/overhaul, replacement, and inspection/maintenance requirements 

must be established and identified in the operator's manual. At a minimum, requirements for the 

following must be included in the operator's manual: 

a. Actuators I Servos; 

b. Transmission (single rotor); 

c. Powerplant (motors); 

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 

i. Ground control station (if used); and 

j. Any other components as determined by the operator; 

10. The Pilot In Command (PIC) must possess at least a private pilot certificate and at least a 

current third-class medical certificate. 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. 

11. Prior to operations conducted for the purpose of infrastructure inspections, the PIC must 

have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 

200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged 

as a UAS pilot with a similar UAS type (single blade or multirotor). Prior documented flight 

experience that was obtained in compliance with applicable regulations may satisfy this 

requirement. Training, proficiency, and experience-building flights can also be conducted under 

this petition of exemption to accomplish the required flight cycles and flight time. 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. 

12. Prior to operations conducted for the purpose of infrastructure inspection, the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR § 61 .51 (b), a minimum of five 

hours as UAS pilot operating the make and model of UAS to be utilized for operations under the 

exemption and three take-offs and three landings in the preceding 90 days. Training, 

proficiency, experience- building, and take-off and landing currency flights can be conducted 

under this petition of exemption to accomplish the required flight time and 90 day currency. 

During training, proficiency, experience-building, and take-off and landing currency 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. 

13. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must 

have successfully completed a qualification process, as outlined in the operator's manual. As 

this is a requirement stipulated by the operator, the test must be developed and implemented by 

a qualified person designated at the sole discretion of the operator. A record of completion of 

this qualification process must be documented and made available to the Administrator upon 

request. 

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight 

demonstration, administered by an operator-approved and -qualified pilot must be successfully 

completed and documented. This documentation must be available for review upon request by 

the Administrator. Because the knowledge and airmanship test qualifications have been 

developed by the operator, and there are no established practical test standards that support a 

jurisdictional FAA FSDO evaluation and approval of company designated examiners, the 

petitioner will conduct these tests in accordance with the operator's manual. 
15. The UA may not be operated directly over any person, except authorized and consenting 

personnel, below an altitude that is hazardous to persons or property on the surface in the event 

of a UAS failure or emergency. 

16. Regarding the distance from participating persons, the operator's manual has safety 

mitigations for authorized and consenting personnel. At all times, those persons must be 

essential to the operations. 

17. Regarding distance from nonparticipating persons, the operator must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved and 

necessary for the infrastructure inspection operations. This provision may be reduced to no less 

than 200 feet if it would not adversely affect safety and the Administrator has approved it. For 

example, an equivalent level of safety may be determined by an aviation safety inspector's 

evaluation of the infrastructure inspection area to note terrain features, obstructions, buildings, 

safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, 

news media, etc.) from debris in the event of an accident. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the operator's manual. 

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

accordance with the operator's manual. 

20. Each UAS operation must be completed with 25% battery power remaining. 

21 . The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this petition of exemption. This 

COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

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. 

23. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the 

operator's manual. 

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

Bulletins. 

25. The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator's manual. 

26. The preflight inspection section in the operator's manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator's manual. 

27. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

28. At least three days before scheduled infrastructure inspection, the operator of the UAS 

affected by this exemption must submit a written Plan of Activities to the local FSDO with 

jurisdiction over the area of proposed infrastructure inspection. 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 infrastructure inspection operations 

conducted under this petition 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 infrastructure inspection event; 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the infrastructure inspection 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 infrastructure inspection will be conducted and the altitudes essential to 

accomplish the operation. 

29. The 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. 

30. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.). 

31. 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. 

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

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

from a cloud or when visibil ity is less than 3 statute miles from the PIC. 

34. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. 

The UA may not operate within 5 nautical miles of the geographic center of a non-towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport's management is obtained, and the operation is conducted in accordance with a 

NO TAM as required by the operator's COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

35. 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. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided. 

SUPPORT FOR PETITION FOR EXEMPTION 

In accordance with the procedural requirements of 14 C.F.R. §11 .81 , ESADP provides the 

following information: 

CONTACT INFORMATION: 

William Buchanan 

CEO, Eastern Shore Aerial Drone Photography 

208 Brookletts Ave. 

Easton, MD 21601 

(410)714-4319 buchananwr@gmail.com http://esadp.com 

REGULATORY PROVISIONS FROM WHICH ESADP SEEKS AN EXEMPTION 
ESADP believes it may need an exemption from the following provisions to conduct the 

contemplated operations. In some instances, relief is needed because relief from another 

provision renders compliance with the regulation at hand infeasible. 

333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F. R. §91.407(a) 

14 C.F.R. §91.409(a)(1)&(2) 

14 C.F.R. §91.417(a)&(b) 

ESADP believes an exemption is only needed from the above-listed regulatory 

provisions. To the extent that the FAA believes that additional relief is required for ESADP to 

conduct the operations described here, we request an exemption from any such regulatory 

provisions as well. 

THE EXTENT OF REQUESTED RELIEF AND THE REASONS RELIEF IS NEEDED 

Section 333 Aircraft Exemption Status: 

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate in the areas and under the conditions contemplated by ESADP will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the conditions proposed in this request. 

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by the operator and observer. Operations will be conducted 

in compliance with the FAA and with local public safety requirements to provide security for the 

area of operation as is now done with conventional equipment, infrastructure, bridge and out 

building evaluation. These safety enhancements provide an expanded degree of safety to the 

inspectors over conventional operations. 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 and inability to carry a substantial 

external load. 

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, this 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 UAS 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. 

14 C.F.R. §61.1 13(A) AND (B) 

§61 .11 3 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: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

***** 

ESADP anticipates initially using a cadre of specially trained staff to conduct the 

sUAS operations. While these individuals will not hold commercial pilot licenses. The sUAS will 

not carry property for compensation or hire since they will be used solely to assist in evaluation 

of the infrastructure, equipment, right-of-way, assets, bridges, tunnels and out-buildings in 

furtherance of ESADP's client's primary business, the successful operation of a infrastructure; 

however, the employees' operation of the sUAS will not be incidental to their employment with 

ESADP, and they will be compensated for such work. Without an exemption, the pilot would be 

required to hold a commercial pilot certificate under §61 .133. However, the risk associated with 

the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will 

fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other 

aircraft, and within a geographical envelope under the sole control of ESADP clients. 

Accordingly, the risk would be limited to ESADP personnel, who will be appropriately outfitted in 

safety gear, and ESADP client's property on the ground. Requiring a commercial pilot certificate 

would provide no appreciable safety benefit and would needlessly impose additional cost on 

ESADP. Because the contemplated operations would not comply with §61.113(b)(1) and none 

of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and 

(b). 

14 C.F.R. 91.119(C) 

§91.119 MINIMUM SAFE ALTITUDES: GENERAL. 

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: 

*** 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. 

***** 

ESADP submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be 

meaningful. Since operations at this altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft 

operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not 

be needed from paragraph (a) because an emergency landing of the aircraft due to a power 

failure will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, ESADP clients has exclusive 

use of the land over which the sUAS will be operated, and public access is restricted. It also has 

exclusive use of significant portions of land adjacent to the infrastructure and structures that will 

be the objects of evaluation and analysis. ESADP's Clients tightly control access to land and 

have the ability to assure that no individuals unassociated with the planned operations are on 

the affected land. As such, the risk of injury is minimal. ESADP does not contemplate 

conducting operations over congested areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.121 
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 Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data 

feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude 

information will be generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination 

thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for 

accuracy by the pilot. 

14 C.F.R. 91.151 

§91.151 FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS. 

(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. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

***** 

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve 

fuel does not raise the type of risk contemplated by §91 .151 , i.e., that an aircraft could run out of 

fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event 

of unanticipated conditions. ESADP does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in 

order to land. Rather, ESADP will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 

As such, there is no need for a time- based excess fuel requirement. Rather it should be 

sufficient to require only as much additional excess flight capacity as necessary to safely land 

the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective. 

14 C.F.R. 91.405(A), 91.407(A) (1), 14 C.F.R. 91 .409(A) (1)&(2) AND 14 C.F.R. 91.417(A) & (B) 

§91.405 MAINTENANCE REQUIRED. 

Each owner or operator of an aircraft -

(a) 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; ***** 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. 

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or 

alteration unless-

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; 

***** 
§91.409 INSPECTIONS. 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had _ 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by §43. 7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

this chapter. 

***** 

§91 .417 (A) & (B) 

ESADP believes that an exemption from these three maintenance requirements is appropriate 

because the FAA has not developed maintenance standards that would allow an operator to 

meet the part 91 maintenance requirements. In particular, there are no individuals authorized by 

the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial 

airworthiness and annual return to service inspections required by §91.409(a). ESADP will 

maintain the aircraft as instructed in the owner's manual and ASTM F2909, where applicable, 

and will not operate the aircraft until it has reasonably determined that any needed repairs have 

been made. However, because of the technical impossibility of meeting the requirements of 

§§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is 

appropriate. 

Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns. 

William Buchanan 

CEO, Eastern Shore Aerial Drone Photography 
Appendix A 

Summary for Federal Register Publication 

Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal 

Register should the FAA determine that publication is needed. 

Petitioner: Eastern Shore Aerial Drone Photography (ESADP) 

Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. §61 .113(a) and (b) 14 

C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91 .1 51 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a) 

14 C.F.R. §91.417(a)&(b) 

Description of Relief Sought: 

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 

61 .1 13(a)&(b)), 91.119(c), 91.121 , 91 .151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) 

to conduct sUAS operations over ESADP Client's owned or controlled land, solely during 

daylight hours, to assist in the safe evaluation and analysis of infrastructure and operations. In 

general, sUAS operations are intended to be conducted in areas remote from both congested 

areas and airports. The nature of operations anticipated by ESADP requires that the sUAS be 

flown at relatively low altitudes. ESADP expects that in most instances, the sUAS will be flown 

less than 75 feet from the highest structure along the path of the sUAS and in no instances will 

be flown higher than 400 feet above the ground. Accordingly, the risk of interference with other 

aircraft is minimal. 

Specific type(s), make, and model #1 (our only drone) : 

DJI Phantom 2 with Gimbaled GOPro Camera with and Flight Sight First Person View (FPV) 

system 

See Attached Flight Manuals: 

DJI Phantom 2 User Manual 

• NAZA-M_Fiight Control System_v1.26