Douglas Swarts

662	Upham	St.	Ste	D

San	Luis	Obispo,	CA	93401

dhswarts@gmail.com

Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	

and	Part	11	of	the	Federal	Aviation	Regulations	from:	14	CFR	21	

subpart	H 14	CFR	45.23(b) 14	CFR	61.113(a)	and	(b)14	CFR	91.7(a) 14	

CFR	91.9(b)(2) 14	CFR	91.103 14	CFR	91.109 14	CFR	91.119(c) 14	CFR	

91.121 14	CFR	91.151(a) 14	CFR	91.203	(a)	and	(b)	14	CFR	91.405	

(a) 14	CFR	91.407	(a)	(1) 14	CFR	91.409	(a)(1)	and	(2)	14	CFR	91.417(a)	

and	(b)

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

2012	(the	“Reform	Act”)	and	14	CFR	Part	11,	Doug	Swarts,	operator	of	

Unmanned	Aircraft	Systems	(UAS),	hereby	applies	for	an	exemption	

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

commercial	operation	of	designated	UAS,	provided	such	operations	

are	conducted	within	and	under	the	conditions	outlined	herein	or	as	

may	be	established	by	the	FAA	as	required	by	Section	333.

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	

equipped	with	camera(s)	and	sensors,	would	provide	professional	

services	in	the	following	areas:

1.	Aerial	photography	and/or	video	for	public	and/or	private	use	

including	real	estate,	architecture,	land	surveying,	engineering	and	

other	related	professional	activities.

2.	Aerial	video	and/or	photography	for	public	and/or	private	use	

including	television,	public/private events,	cinematography	and	

newsgathering.

3.	Aerial	inspection/photography	of	residential/commercial	structures	
under	contract	with	the	owners	or	local	government	authority.

4.	Aerial	inspection/photography	of	residential/commercial	utility	

infrastructure	including	but	not	limited	to	electrical	power	lines,	wind	

turbines	and	cell	towers.

5.	Aerial	video/photography	or	providing	live	video	feed	to	assist	with	

search	and	rescue	operations	in	cases	of	an	emergency	or	natural	

disaster	only	when	the	local	authorities	or	government	has	requested	

it	by	contract	or	donation.

6.	Training	to	persons	individually	or	belonging	to	both	private	and/or	

public	organizations	to	increase	awareness	and	improve	safety	for	

current	and	future	UAS	operations	within	the NAS. As	described	fully	

below,	the	requested	exemption	would	permit	the	operation	of	

designated	UAS	as	set	forth	in	this	document	under	controlled	

conditions	in	the	NAS	that	would	be	a)	limited	b)	controlled	c)	

predetermined	and	d)	safe.	Approval	of	this	exemption	would	increase	

public	awareness	of	UAS	operations	and	enhance	safety	to	aid	in	

fulfilling	the	Secretary	of

Transportation’s	(the	FAA	Administrator’s)	responsibilities	to	

“....establish	requirements	for	the	safe	operation	of	such	aircraft	

systems	in	the	national	airspace	system.”

I	plan	to	operate	a	UAS,	the	DJI	PHANTOM	2 which	is	comprised	of	an	

unmanned	aircraft	(UA	or	Phantom	2)	and	a	transportable	ground	

station.	The	Phantom	2 is	referred	to	as	a	quad-copter	with	a	

maximum	gross	weight	of	about	3	pounds.	It	is	equipped	with	four	

rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The	UA	

has	a	maximum	airspeed	of	16	m/s.

Also,	given	the	small	size	of	the	UAS’s	involved	and	the	restricted	

controlled	environment	within	which	they	will	operate,	the	applicant	

fits	within	that	zone	of	safety	(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	controlled	areas	in	which the	relevant	

UASs	will	operate,	approval	of	the	application	presents	no	national	

security	issue.	Given	the	following,	the	grant	of	the	requested	

exemptions	is	clearly	in	the	public	interest:	Doug	Swarts proposes	that	

the	exemption	requested	herein	apply	to	civil	aircraft	that	have	the	

characteristics	and	that	operate	with	the	limitations	listed	herein.	

These	limitations	provide	for	an	exceptional	level	of	safety	to	

operations.	These	limitations	and	conditions	to	which	James	Bender	

agrees	to	be	bound	when	conducting	commercial	operations	under	an	

FAA	issued	exemption	including:

1.	The	UAS	will	weigh	less	than	55	lbs.

2.	Flights	will	be	operated	within	line	of	sight	of	operator.

3.	Maximum	total	flight	time	for	each	operational	flight	will	be	30	

minutes.

4.	Flights	will	be	terminated	at	15%	battery	power	reserve.

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

6.	UAS	operator	will	be	trained	and	certified	in	the	proper	safety	and	

operations	of	the	UAS.	

7.	The	UAS	will	only	operate	within	a	controlled	area	as	defined	in	the	

Procedures.

8.	The	operator	will	post	advisor	notice	around	the	controlled	area.

9.	The	operator	will	have	been	trained	in	operation	of	UAS	generally	

and	received	up-to-date	information	on	the	particular	UAS	to	be	

operated	as	required.

10.	If	the	UAS	loses	communications	or	loses	its	GPS	signal,	the	UAS	

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

Security	Perimeter	and	land.

11.	The	UAS	will	have	the	capability	to	abort	a	flight	in	case	of	
unpredicted	obstacles	or	emergencies.

Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	

requested	exemption	and	are	prepared	to	modify	or	amend	any	part	

of	this	request	to	satisfy	the	need	for	an	equivalent	level	of	safety.	I

look	forward	to	working	with	your	department.	Please	contact	me at	

any	time	if	additional	information	or	clarifications	are	needed.

Thank	you,	

Doug	Swarts