Airshotz Photography & Video: FAA 333 Exemption Request

September 22, 2015

Airshotz Photography & Video

Jason Bross

3714 North Shingle Rd

Shingle Springs, CA 95682

Cell Phone: (530)-391-1695

Home Phone: (530)676-4471

Email address: airshotz@yahoo.com

Federal Aviation Administration 

US Department of Transportation 

Docket Management System

1200 New Jersey Ave. SE

Washington DC 20590

RE: Exemption Request Section 333 the FAA Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Airshotz 

Photography & Video (DBA: Airshotz Photography & Video) and owner Jason D Bross hereby apply for an 

exemption from Federal Aviation Regulations (FARs) detailed below to allow for commercial operations

on Aerial photography and/or video for public and/or private use including real estate, architecture, 

land surveying, engineering, cinematography, videography, mapping and inspections. In addition, for 

other related professional activities with use of a small unmanned aerial systems for that primary 

purpose.

Aerial video and/or photography for public and/or private use including television, public events, and 

cinematography. 

Aerial inspection/photography of residential/commercial structures under contract with the owners or 

local government authority. 

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.
Airshotz Photography & Video: FAA 333 Exemption Request

Airshotz will offer safe, low altitude, and cost effective aerial imaging to the communities we serve. A 

variety of industries will benefit; Home Real Estate, Commercial Real Estate, Marketing, Land 

Development, Construction, and Property Inspections.

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce environmental impact 

compared to similar operations conducted with much larger fuel laden manned aircraft Additionally, the 

use of UAS to facilitate commerce can help to encourage economic growth. 

Operations for this petition will enable service for property owners or their designees seeking an 

enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects 

that cannot be displayed through ground level videography/photography. 

Aerial photography is a valuable marketing tool that can facilitate increased commerce and enhance 

personal photography. Crop surveying and inspections could lead to decreased use of pesticides and 

fertilizer and conservation of water as well as increased crop yields and decreased costs. Aerial 

surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce 

risk.

Moreover, the petitioner plans to offer services to individuals or companies seeking to enhance their 

business in a safe and lawful way. The petitioner will provide clients with the photographic data for 

these purposes in a for hire basis acting as an independent contractor. A visual observer will be utilized. 

Flight data including UA flight time, Control unit operation time, incident, accident, and details 

concerning any deviations from normal operations will be available to the FAA for use in collecting data 

regarding the use of UAS as a part of this application. This data can be submitted to the FAA via reports 

as required by the FAA.

Airshotz will operate a DJI Inspire 1, a small unmanned aerial system (UAS) equipped with advanced 

flight control systems, high definition camera and gimbal, and advanced safety features. The UAS will be 

operated by a responsible PIC (pilot in command) and VO (visual operator), in turn offering a safe and 

valuable experience to our clients.

1. The DJI Inspire 1 has a maximum takeoff weight of less than 6.5 pounds and thus offers a lightweight, 

small and compact video platform compared to manned aircraft.

2. The DJI Inspire 1 offers significant safety, noise, emission, security and environmental benefits not 

available to larger manned aircraft.

3. The DJI Inspire 1 has numerous safety features such as failsafe mode, automatic landing should signal 

between PIC and UAS be interrupted, GPS based altitude and distance locks, flight limiting features and 

low battery warnings. 

4. Dual controllers provide the PIC (pilot in command) to focus on operating the UAS while a second 

individual operates the camera.

5. Inspire 1 safety features are addressed in more detail in the attached Inspire 1 user manual.
Airshotz Photography & Video: FAA 333 Exemption Request

The safe operation of the UAS will be the first priority before, during and after every operation.

1. All UAS operations will be conducted at Visual Line Of Sight (VLOS) at no more than 200 feet 

AGL.

2. No UAS operations will be conducted within 5 NM of an airport and will be in FAA class G 

airspace.

3. No UAS operations will occur directly over densely populated areas, un-approved government 

buildings, power lines, or major roads.

4. All UAS operations will take place during daylight hours under conditions equivalent to Visual 

Flight Rules (VFR) with the UAS no more than 1000 ft from the PIC.

5. All UAS operations will have a PIC and VO present and all operations will be within visual line of 

sight (VLOS) of both the PIC and VO. 

6. PIC and VO will be able to verbally communicate at all times. 

7. The UAS will yield to all manned aircraft at all times.

8. All required permits and permissions will be obtained from local and state government should 

they be required. 

9. A pre-flight inspection by the PIC will be performed prior to each flight to assure that the UAS is 

safe for flight. A post-flight inspection will also be performed as an added level of safety. 

10. Full aircraft inspections will be completed in accordance with manufactures instructions. 

11. At no time shall the UAS be operated with missing or manufacturer unapproved parts, or in any 

condition that could pose a hazard to any other aircraft or structure or person on the ground. 

12. The UAS will not be operated at a battery level below 20%.

13. Prior to all UAS operations a pre-flight meeting will be held by the PIC to determine the 

parameters of flight in a given location, any hazards present, weather conditions, safety 

procedures at the specific location and approximate duration and route of flight. 

14. The PIC will have a minimum of 10 hrs. flying time and operated at least 50 individual flights of 

similar UAS multirotor aircrafts.

It is my belief that small unmanned aerial systems, used by experienced and responsible operators, 

following the policies outlined above, operating in privacy conscious way; will in turn offer aerial imaging 

to the general public in ways that are more cost effective, safe, and efficient than the traditional 

methods of manned aircraft.

I respectfully request the FAA to grant an exemption to Airshotz Photography & Video for commercial 

UAS aerial photography operations under the Reform Act of 2012.

If any of procedures, policies, or content of this request do not meet the requirements of an exemption, 

it is Airshotz Photography & video intention to adjust its policies in accordance to the FAA’s 

requirements outlined in the granted exemption.

Sincerely, 

Jason D Bross – Owner of Airshotz Photography & Video 

3714 North Shingle Rd, Shingle Springs, CA 95682, (530)391-1695 airshotz@yahoo.com
Airshotz Photography & Video: FAA 333 Exemption Request

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Airshotz Photography & Video, requests an exemption from the following regulations as well as any 

additional regulations that apply to the operation of DJI Inspire 1 or similar UAS’s for the purpose of 

aerial photography and video.

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

Airshotz Photography & Video will use specially trained staff to conduct the UAS operations. While these 

individuals will not hold commercial pilot licenses, they will have at least 10 hrs. of flying time, have 

conducted at least 50 individual flights and read UAS manufactures manuals and operating procedures. 

In addition each PIC and VO will be required to sign a document confirming the understanding of 

Airshotz Photography & Video operating and safety policies and the granted Airshotz Photography & 

Video exemption. The UAS will not carry property for compensation or hire since they will be used solely 

to provide our clients with aerial imaging. 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 UAS 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 Airshotz Photography & Video clients. Requiring a commercial pilot 

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

Airshotz Photography & Video. 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 CFR Part21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for UAS, we request an 

experimental certificate be issued for the UAS operated by the applicant under either or both of the 

following provisions: 21 .191 Experimental certificates. 

Experimental certificates are issued for the following purposes: Research and development. Testing new 

aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating 

techniques, or new uses for aircraft. 

Showing compliance with regulations. Conducting flight tests and other operations to show compliance 

with the airworthiness regulations including flights to show compliance for issuance of type and 

supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. The aircraft will not carry persons or property and will only fly 

under strict operational requirements. As Airshotz Photography & Video’s UAS also carries no 

combustible fuel, weighs less than 6.5 pounds and is constructed primarily of plastics and composites, 

we propose the UAS is at least as safe, if not significantly safer than conventionally certified aircraft used 

within similar parameters.
Airshotz Photography & Video: FAA 333 Exemption Request

If an experimental airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, 

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.” 

As the UAS is too small to carry documentation, does not have an entrance and does not carry a crew, 

we propose the following in order to meet the intent of 91.203 and provide an equivalent level of 

safety. 

All documents deemed appropriate by the FAA for this aircraft will be located at the operational ground 

station for each flight in proximity to the PIC and VO and will be available for inspection on request.

In order to identify the aircraft, we propose to use the manufacturer’s model and production codes 

located on the aircraft as well as an Airshotz logo affixed to the aircraft as well.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. The intent of this requirement is to ensure that flight manual information is available to 

the aircrew while operating the aircraft.

Airshotz Photography & Video requests an exemption to this requirement as the UAS cannot, given its 

size, carry the flight manual. To meet an equivalent level of safety, we propose to have the current 

manufacturer’s flight manual and the Airshotz Photography & Video flight manual at the operational 

ground station of each flight, available to both the PIC and VO.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, system, or structure. Since the UAS will be operating at a maximum 200 

feet AGL, we cannot comply with this requirement and thus ask for an exemption. In order to provide an 

equivalent level of safety, we propose the following. 

The UAS will only be operated within VLOS of the PIC and VO at a maximum range of 1000 feet from the 

ground station. 
Airshotz Photography & Video: FAA 333 Exemption Request

A preflight safety risk assessment will be completed prior to each flight to ensure the UAS is in a 

condition for safe flight and that the planned operation can be completed safely. Airshotz Photography 

& Video Flight Manual and Pre-Flight Checklist is included as Appendix A and Appendix B. 

The UAS will not be operated within 5 NM of any airport and will only be operated with the consent of 

property manager and/or owner.

14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. 

The UAV will always be flying below 200 feet AGL within VLOS of the PIC and VO that will provide 

separation from terrain, structures and other aircraft. Also, the UAS will continually transmit an AGL 

reading back to the controller at the ground station and the AGL lock in the UAS’s software will be set to 

400 feet, providing an equivalent level of safety.

14 CFR 91.151 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. 

The UAS is smart battery powered and continually transmits battery charge information back to the 

ground station to be evaluated by the PIC who will return the UAS back to the ground station prior to 

the battery showing 20% remaining capacity. We feel that this combined with the fact that the UAS will 

have a maximum range of 1000 feet from the ground station provides an equivalent level of safety.

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) 

Maintenance, Preventive Maintenance, and Alterations.

We propose that the PIC perform maintenance and inspection and “be authorized to approve the 

aircraft for return to service.” As provided for in Appendix A, the PIC will inspect the aircraft prior to 

every flight to ensure it is in airworthy condition. A maintenance check will also be performed at 

intervals instructed by the manufacturer, DJI. Any general maintenance and repair or replacement of 

components will be completed by the PIC following the manufacturer’s recommendations and 

documented in accordance with 91.417. In any case where the UAS cannot be returned to service by the 

PIC, or is suspected to be unsafe, the UAS will not be operated until returned to all manufacturer 

specifications. We feel that due to the simplicity, size, robustness and construction of the aircraft, the 

PIC can assure an equivalent level of safety.

8900.227 Paragraph 16(cXa) PIG Medical. and Paragraph 16(eX1) Observer Medical
Airshotz Photography & Video: FAA 333 Exemption Request

This policy provides that both the PIC and observer must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. We feel that requiring the PIC 

and VO to meet the same medical requirements as a commercial pilot carrying passengers in a large 

aircraft is an unnecessary burden.

Since the UAV is of small size, unmanned, has an auto return home feature, will be operating at low 

altitudes, will not operate over a densely populated area, and required to be in VLOS of the IC and VO at 

all times, we feel both the PIC and VO requiring vision corrected to 20/20 and a valid state issued 

driver’s license supports medical requirements.

APPENDIX A

Airshotz Photography & Video Flight Parameters and Restrictions

1. All flights will occur in FAA Class G airspace at no more than 200 feet AGL and no further than 1000ft 

from the PIC.

2. The UAS will not be flown faster than 40mph or as limited by FAA regulations.

3. All operations will utilize a PIC and VO with the PIC and VO able to communicate verbally at all times. 

4. All operations will occur only during daylight hours and in weather conditions equivalent to VFR.

5. All operations will occur at VLOS from the PIC and VO.

6. The PIC and VO will have a pre-flight meeting at the site of the operation just prior to the flight to assess 

weather, area of operation, topography, flight time, route, hazard mitigation and overall operational and 

safety parameters. Also during this meeting, the pre-flight aircraft checklist (see Appendix B) will be 

implemented.

7. PIC is responsible for maintaining an established safe emergency landing plan if at any time during the 

operation conditions become unfavorable due to unforeseen hazards, safety concerns, or weather.

8. All operations will be reviewed prior to flight and conducted with the full permission of the property 

owner or manger.

9. Flight planning will include the termination of the flight with 20% battery remaining, as determined by 

the data link between the UAS and ground station.

10. The UAV will at all times give way to manned aircraft.

11. Prior to every flight, a highly visible launch banner will be placed at the site of the ground station to 

allow an outside observer to determine the location of the UAS’s origin and command point.

12. All permits required by state and local governments will be obtained prior to any operations.

13. No flight operations will occur without a successful pre-flight inspection by the PIC before each flight 

to determine that the UAS is in a condition for safe flight.

14. At the conclusion of each flight a post-flight inspection will be done to assess the condition of the UAS.

15. A full aircraft check will be performed in accordance with manufactures instructions.

16. Replacement of parts shall only be done according to manufacturer’s instructions.

17. All flight operations will be logged in a flight logbook.

18. All maintenance done and inspections performed will be lodged in a maintenance log.
Airshotz Photography & Video: FAA 333 Exemption Request

19. Check for software updates weekly and upload to UAS as needed to continually keep the UAS software 

as current as possible.

APPENDIX B

Airshotz Photography & Video Pre-Flight Checklist

1. Ensure the area identified for flight is considered FAA Class G airspace, winds conditions are less than 

15mph, and weather conditions are favorable.

2. Identify all potential obstructions and safety hazards in or near the area planned for flight.

3. Inspect all propellers for proper tightness and that they are free of cracks, dings, chips and excessive 

wear.

4. Inspect all wiring and motors.

5. Inspect the airframe for cracks or damage.

6. Inspect battery voltage of UAS on-board battery and Remote Controller/Transmitter battery to ensure 

there is sufficient energy in both systems for safe flight.

7. Turn off Wi-Fi wireless on all devices located the person or within 10ft of the PIC and VO.

8. Recalibrate compass according to manufacturer’s instructions.

9. Always turn on Remote Controller/Transmitter before turning on UAS battery.

10. Ensure that a link between Transmitter and UAS is established and that GPS link is established.

11. Engage throttle, lift aircraft off the ground and verify the aircraft responds properly to all inputs and 

hovers accurately.