Federal Aviation Administration

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12140

1200 New Jersey Avenue, SE

Washington, DC 20590

September 4, 2015

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), P .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F.R. Part 11, I, Phillip M. Childers II 

seek an exemption from the Federal Aviation Regulations ("FARs") and listed below:

14 C.F.R. Part 21

14 C.F.R. 45.23

14 C.F.R. 61.3

14 C.F.R. 61.23

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9

14 C.F.R. 91.109(a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203

14 C.F.R. Subpart E (91.401 - 91.417)

The requested exemption would authorize commercial operations for aerial surveying, photography, 

videography, and voluntary Search and Rescue operations. These operations will be subject to strict 

operating conditions defined by the UAV manufacturer’s standards and procedures in order to ensure at 

least an equivalent level of safety to currently authorized operations using manned aircrafts.

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or 

Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

Proposed Use

The main use of this UAS would be taking photos and videos for real estate and agricultural surveying. 

The UAS systems that I plan to use is a DJI INSPIRE 1 and will be referenced in this document.

1. The safe operation to the NAS and/or persons and/or property will be kept to a minimum by always 

flying the UAS within visual eye contact, less than 400 ft. above ground and never directly above persons 

or public places. The orientation of flights will be such that the pilot in command (PIC) always has a 

visual on the rear mounted LED flight Indicator. Additional safety features on the DJI INSPIRE 1 include, 

return to home, low voltage, enhanced failsafe along with operating in the less populated 2.4-2.483 GHZ 

frequency range.
2. Pre-flight inspection would be checking battery condition/level in both the transmitter and UAS.

The binding/link feature will not let the UAS start if communication is not established. A check for power 

lines, antennas and other overhead objects would be performed. Wind conditions would be monitored 

and be a factor for flying.

3. The radio frequency of the DJI INSPIRE 1 is in the 2.4 -2.483 GHZ range. The maximum take-off weight 

less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 m/s. The Maximum flight 

Velocity is 16 m/s. The cruise speed is 5 m/s.

4. The PIC will be only Phillip M. Childers II who has been an RC Aircraft hobbyist for 5+ years. Testing, 

updating, and programming the DJI INSPIRE 1 firmware would be done regularly. Along with the PIC, a 

VO (visual observer) will also aide in creating a safer environment by keeping the aircraft within VLOS of 

himself/herself, and also by communicating possible hazards to the PIC during flight. 

5. The intended use of this DJI INSPIRE 1 is to expand my independent business by offering aerial 

photography to realtors, builders, contractors, agriculturists, and voluntarily to local Search and Rescue 

teams.

6. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on a hard drive and backed up to cloud storage services. This data would be kept readily 

available for a period of 1 year after each aerial flight for hire.

7. The proposed flight time will be the lesser of 30 minutes or the time-duration of the UAV battery.

If planned operation requires, I will also file for a Certificate of Waiver or Authorization (COA). In the 

event that a COA request is not granted the petitioner would ask that this request for exemption still be 

granted with a conditional use. The DJI INSPIRE 1 will never be flown in the flight path of manned 

aircraft. The first condition listed to always keep visual eye contact on the rear LED flight indicator is 

probably the most important. My main objective is to offer aerial photography and videography to the 

general public in the safest way possible.

Public Interest:

Granting my request would be in public interest by lowering cost and risk of aerial surveying, while 

increasing the safety factor. By eliminating the use of a manned aircraft, the safety of the public is 

increased, also with a lowered cost of aerial photography, videography, and more accessible resources 

for Search and Rescue operations. 

This exemption would not adversely affect the safety of the general public due to the size, weight, and 

keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further 

protections when the PIC is no longer in control of the UAS. In comparisons to aerial photography from 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact.

Thank you,

Phillip M. Childers II

Phillip.max.childers@gmail.com

620 Belmont Street

Alliance, Nebraska 69301
EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

Phillip M. Childers II requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the DJI Inspire1 ("UAV”):

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR§ 91.203(a). Given the size of the UAV, they are very light weight and the 

limited operating area associated with their utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act 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 UAS 

involved. An analysis of these different criteria demonstrates that the UAV operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or 

safer, than a conventional aircraft with an airworthiness certificate.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, 

this requirement is impossible to match.

14. C.F.R. §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

When exercising the pilot-in-command privileges of an airline transport pilot certificate;

When exercising the second-in-command privileges of an airline transport pilot certificate in a 

flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or

When serving as a required pilot flight crewmember in an operation conducted under part 121 

of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

Second-in-command privileges of an airline transport pilot certificate in part 121 of this

chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or

Privileges of a commercial pilot certificate

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the 

autopilot (among others a flight termination system), Phillip M. Childers II believes that an Equivalent 

Level of Safety can be reached if the operator has a valid driver's license.
14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot 

license issued by that country may be used. The regulation provides also that no person that holds a 

private pilot certificate may act as pilot in command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to 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;

(3) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Phillip M. Childers II proposes that operators of the UAV should 

not be required to hold a commercial or private pilot certification. The equivalent level of safety will be 

achieved by having an operator trained UAV manufacturer, and using the integrated features of the 

aircraft to maintain a high level of safety during the different missions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, 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 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. § 91.9: Civil aircraft flight manual, marking, and placard requirements

The equivalent level of safety will be achieved by keeping a hard copy of the user manual within close 

proximity to the operator.

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the 

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 91.109(a): Flight Instruction
The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls."

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or 

affiliate providing the training as described in the manufacturer's training program and through the use 

of experienced and qualified instructors familiar with the UAV.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests authority 

to operate at altitudes up to 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 

consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft.

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 UAV may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption is requested.

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight.

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

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the 

contemplated operations, Phillip M. Childers II believes that an equivalent level of safety is already 

achieved with the specific procedure preventing the UAVs accepting a take-off order if the battery level 

is below a given value. Moreover, the manufacturers have integrated low and critical battery level 

warnings and implemented a "return to home" action in these situations.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness

certificate.
• 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.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAV will have immediate access to them; to the extent they are applicable to 

such UAV. 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.

14 C.F.R. Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and 

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require 

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance 

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness

certificate. Section 91 A 17 requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed

pilots and records of approval of the aircraft for return to service. 

Phillip M. Childers II proposes that the maintenance of the UAVs will be accomplished by himself, as the

owner of the UAVs, according to the manufacturer supplied user manual.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook as referenced herein. An equivalent level of safety will be 

achieved because these small UAVs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land 

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