September 9, 2015

U.S. Department of Transportation

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

From:

Stu and Drew Productions, LLC

298 Grove St.

Charleston, SC 29403

Phone: (843)291-2743

Email: stuart@stuanddrew.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of

the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 

91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 

91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Stu and Drew 

Productions LLC, a limited liability company registered in the State of South Carolina 

(henceforth referred to as Stu and Drew), a commercial cinematography and production 

company and operators of Small Unmanned Aircraft Systems (“sUAS”), hereby apply for an 

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

of its sUAS, so long as such operations are conducted within and under the conditions outlined 

herein or as my be established by the FAA as required by Section 333.

Stu and Drew requests exemption from the below listed FARs for the purpose of operating our 

privately owned sUAS, which are equipped with digital video cameras for the following 

commercial purposes:

1. Aerial video and/or photography for public and/or private use including but not

limited to cinematography for television, motion picture and all reasonably assumed 

subsets of the two.

Stu and Drew currently operates one (1) sUAS but has plans to include more sUAS, operating 

for the same above stated purposes, to its inventory in the future and would like to request 

exemption for not only the current sUAS being operated by Stu and Drew but all future sUAS 

to be operated by Stu and Drew.
Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a)

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) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The sUAS currently owned and operated by Stu and Drew is manufactured by China based DaJiang Innovations Science and Technology Co., Ltd (referred to as DJI) and is a multi-rotor 

single operator sUAS with the model name of PHANTOM 3 PROFESSIONAL. The sUAS has 

the following specifications-

• Total weight less than 55lbs including payload (actual weight without payload is 2.8 

lbs)

• Flight time of 23 minutes maximum

• Ability to hover independently of operator control

• Horizontal and vertical movement

• Diagonal length of 590mm

• Maximum Ascent speed of 5m/s

• Maximum Descent speed of 3m/s

• An effective range of 6,562ft

• GPS mode – GPS/GLONASS

• “Return to Home” safety feature to safely land the sUAS in the case of operator error and 

or/incapacitation
Stu and Drew operate the sUAS under strict guidelines to ensure the safety of the operating 

crew, on set personal, bystanders, property and the general public.

Stu and Drew operates the sUAS in the following manner -

• One (1) designated sUAS operator/pilot

• One (1) to two (2) spotters/visual observer

• Spotters work to ensure that the fight path is clear and safe before, during and after flight.

• Spotters work with operator to map out the sUAS flight path before sUAS flight.

• Spotters and Operator communicate with hands free personal Two-way Radios and all times 

during flight.

• sUAS operates at all times at no more than 400ft above ground level (AGL)

• sUAS operates at all times within line of sight of the Spotter(s) and the sUAS Operator

• All persons involved with the operation of the sUAS, including but not limited to - sUAS 

operator, spotters, on set personnel (cast, crew, observers) will have given written or verbal 

consent to be positioned within the effective sUAS flight path and/or operating area before 

sUAS flight commences.

• The operator and spotter(s) will be trained in the operation of sUAS and will maintain 

constant communication during operation of sUAS.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirementsfor 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 sUAS. In all cases, an analysis of these 

criteria demonstrates that the sUAS 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.
The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. 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 or flammable liquid fuels, and 

inability to carry a substantial external load.

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

The regulation requires:

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 operator 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).

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

required by §45.29 (f) where the pilot, observer and others working with the sUAS will see the 

identification of the sUAS as “Experimental.”

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our 

sUAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 

14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting 

skills. The risks attendant to the operation of sUAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the 

FOM will equate to the safe operation of the sUAS.
14 C.F.R. §91.7(a): Civil AircraftAirworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given 

the size of the aircraft for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in theAircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. The sUAS, given its size 

and configuration has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to carry such an item 

on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access to it.

14 C.F.R. § 91.103: PreflightAction.

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before initiation 

of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. sUAS and remotely piloted aircraft, 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. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.
14 C.F.R. §91.119: Minimum SafeAltitudes.

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 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 with the exception that in circumstances where the 

sUAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS 

will not be operated more than 100' above the highest point on the structure. 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 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 ofthe planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting 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 presently presented with conventional aircraft operating at or below 500 AGL. 

In addition, the low-altitude operations of the sUAS will ensure separation between these smallUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

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 safety check list and live flight data monitoring, 

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

Section 91.151 (a) prohibits an individual from beginning “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; or (2) At night, tofly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 30 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the sUAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight 

in daylight or twilight VFR conditions isreasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. Operating the small UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS

flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flightsto 30 

minutes or 25% of battery power— whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area.

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

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: (1) An appropriate and current airworthiness certificate. . . .

(b) 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 registrationdocuments or to display 

them on the sUAS.

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.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

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.An equivalent level of safety will be 

achieved because these small UASs 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 sUAS 

can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the sUAS 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.

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft 

Operations Manual (AOM). As provided in the FOM, the operator will ensure that the sUAS is 

in working order prior to initiating flight and perform required maintenance needed.

Stu and Drew will operate in accordance with all Federal, State and Local ordinance, regulations 

and guidelines.

Stu and Drew believes it has provided sufficient and adequate cause to be granted the above 

requested exemptions for the operation of sUAS and the betterment of their business.

Sincerely,

Stuart White

Owner – Stu and Drew Productions