February 11, 2016

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Todd Ofenbeck, Special Projects Photographer for Waterman Broadcasting Corporation, 

hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of Federal 

Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

and 14 C.F.R. Part 11, I request certain exemptions in order to perform aerial photography and 

videography for the purpose of aerial video production, newsgathering (recorded and live feed), 

and aerial data collection using two small UAVs, the DJI Inspire 1 Pro and the DJI Phantom 2 

Vision+.

Respectfully, 

Todd Ofenbeck

Todd Ofenbeck

Special Projects Photographer

Waterman Broadcasting Corporation

Applicant:

Waterman Broadcasting Corporation

3719 Central Avenue

Fort Myers, Florida 33901

(239) 707-1418
OVERVIEW:

I, Todd Ofenbeck, Special Projects Photographer for Waterman Broadcasting Corporation 

(WBC), hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of 

Federal Aviation Regulations. 

WBC owns and operates multiple news and information services in the television broadcast 

industry as well as digital platforms to include the Internet and various wireless applications. 

WBC has been in business for 48 years, and is committed to responsibly, professionally, and 

safely operating unmanned aerial vehicles for the purpose of video production, newsgathering 

(recorded and live feed), and aerial data collection. (See previously granted exemption no. 

11408)

WBC is committed to public safety and respecting personal privacy. An example of that 

commitment is our thorough pre and post flight protocols that we closely adhere to on every 

mission. 

I possess a private pilot license (#3833557) and will be the Pilot in Charge (PIC) of our UAVs. In 

addition to my 27 years as a civilian aviator, I also have 50 hours experience operating a UAVs, 

and I am a member of UAVUS, a national association of professional UAV operators that 

adheres to a strict Code of Conduct and best practices that places public safety first above all 

other considerations. 

As a licensed private pilot and a professional photographer with WBC, I am extremely sensitive 

and aware of the importance of safety and privacy, especially as it relates to UAVs. I believe 

safety is the first and overriding priority in regards to operating a UAV. Additionally, I would not 

operate a UAV in a manner as to invade the privacy of anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION: 

Our primary area of operation will be Southwestern Florida.

Our missions will take place in both urban and rural settings. Each flight will be done with the full 

permission and under the supervision of the land or property owner. Additionally, each flight will 

be limited to 150-feet AGL, since the purpose of our operations is to capture low and slow 

photographic and video imagery.

With 27 years experience as a licensed private pilot, I am experienced, knowledgable, and 

familiar with air traffic control operations at the local airports in the region. When necessary, we 

will notify and seek approval of airport authorities as required by FAA regulations.
UAV INFORMATION:

The DJI Inspire 1 Pro and DJI Phantom 2 Vision+ are lightweight, battery-operated, four-motor 

rotorcraft in the form of a quadcopter that take off and land vertically. The DJI Inspire 1 Pro and 

the DJI Phantom 2 Vision+ weigh 7.5 lb and 2.8 lb respectively. Both UAVs include the following 

safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A onboard radio transmitter (5.8GHz and 2.4GHz) that transmits live video from the onboard 

camera plus all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC), myself, in operational control of a flight operation from beginning to 

end and who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A radio transmitter/controller operated by myself to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft, looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, I will hover at an altitude of approximately 10 feet to assure that the home 

return point is established.
• Exercise all controls to confirm their functionality - if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside myself who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist me in keeping the UAV 

within Visual Line of Sight (VLOS). The VO will also assist in any emergency maneuvers 

due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the UAV to determine its physical and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing 

site.

• Use low battery warning audible alarms from the controller to return to home and land well 

before battery drains to 30-percent capacity.

EXEMPTION REQUEST:

We respectfully request exemption from the following regulations with which I cannot fully 

comply:

14CFR

Part 21 Airworthiness Certification

Summary: Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."
Part 61 (a)(b) Parts, General Operating and Flight Rules

Summary: (a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings.

Summary: (b) Aeronautical experience means pilot time, flight simulator or flight training device 

for meeting the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. My sources of training are: the flight instruction manuals from the 

UAV manufacturer and online videos from the manufacturer as well as videos from users. I am 

currently enrolled in the sUAS Safety Ground School administered by Unmanned Safety 

Institute. Also, I perform flight training in a secure location, which is an open area not subject to 

traffic and/or uninvolved individuals. Those training flights, which have averaged 15 minutes 

each, include setup, physical and electronic safety checks; lift off followed by hovering at 

approximately 10 feet to confirm that the GPS system is functioning properly and has registered 

its Home Point; a prescribed flight plan to familiarize and then master the fight controls and 

camera; returning to the launch point and landing. I then conduct a post-flight inspection for any 

problems, log the location and flight time and then view the video. There are no FAA certified 

instructors or FAA certified study guides available at this time as the technology continues to 

develop. We respectfully request an exemption from this rule.

§ 91.103 (b)(2)

Summary: This section deals with the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, I would not need 

to know this information since there are no runways involved and the return from flight is the 

takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, we respectfully request 

relief from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.
Response: These functions are not applicable to a quadcopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

quadcopter operation. We respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur 

without hazard to persons or property (91.119 a). It also sets minimum altitudes over congested 

areas and uncongested areas as well as has a paragraph on helicopters (91.119 b). It also sets 

minimum distance (500 feet) from any person, vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since 

these aircraft are required to fly below those altitudes. The weight, speed and GPS-controlled 

Return to Home feature of the UAVs we use mitigates incidents that could occur from loss of 

signal between the aircraft and myself. A manned aircraft is much heavier and larger than our 

UAVs. If our UAVs were to malfunction, they carry no humans, no explosive fuel and since they 

fly primarily over a single piece of private property, any damage would likely be minimal and 

confined to that area. As mentioned, I possess a private pilot license. This license, along with 50 

hours of UAV flight experience, will provide me with sufficient skills to safely manage any 

approach under 400 feet. In addition, access to the property is strictly controlled (warning sign 

and the clearing of any person on the property not involved in the flight). We respectfully request 

an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. Our UAVs are 

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL) 

when the aircraft is warmed up - the launch point becomes the "elevation of the departure" 

point. The altitude of the UAVs we use is visible in the control monitor before launch and is 

consistently updated as the flight progresses. We respectfully request an exemption from this 

rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)".
Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard our UAVs is not 

aviation gas but a DC battery with a maximum flight duration of 22 minutes. Fuel management 

of a UAV requires constant monitoring of the battery's state-of-charge and bringing it home 

before it reaches the manufacturer’s recommended 30-percent level. We respectfully request an 

exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments.

Response: Maintenance on our UAVs is straight forward. If, in landing, a rotor blade or two are 

damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is replaced 

by a data stream from the UAV, visible in the control monitor.

Replacement of minor parts are performed by myself. Replacement of major repairs are 

performed by Aerial Media Pros in Costa Mesa, California. Currently, there are no required 

inspections by 'authorized' maintenance personnel and there would be no space/room on board 

to install a placard of inoperability. We respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of myself.

All maintenance performed will be entered in the aircraft log, unless a separate maintenance log 

is required. Paragraph (b) refers to the prohibition of a pilot carrying passengers or crew 

members, if the flight characteristics have been substantially affected, before a rated pilot 

performs an operational check of the maintenance.

It is the responsibility of the PIC to perform a preflight inspection of the UAV to determine its 

flyability. And, as mentioned earlier, there is no pilot, crew members or passengers on board our 

UAVs. We respectfully request an exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."
Response: As stated earlier, there is no FAA approved inspection protocols nor authorized 

inspection personnel. I handle those issues as the PIC each time the UAV is prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and 

electronic integrity. We respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with our UAVs, but repair issues can 

be entered into the aircraft log. We respectfully request an exemption from this rule.

§ 91.7

Summary/Response: WBC requests an exemption from the civil aircraft worthiness 

requirement under 91.7(a). Section 333 permits the FAA to exempt aircraft from the 

requirements of an airworthiness certificate upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the identified UAV, and 

the FAA has determined that such certificates are not necessary for a UAV. Without such a 

certificate, WBC will be unable to comply with § 91.7(a). However, the FAA “has determined that 

for the purposes of this exemption the pilot may determine the aircraft is in an airworthy 

condition prior to flight. The FAA’s regulations state that the PIC of a civil aircraft is responsible 

for determining whether the aircraft is in a condition for safe flight.” (See previously granted 

exemption no. 11213)

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing less than eight pounds with camera and battery, our 

UAVs are incapable of causing the level of damage or injury caused by a full-size, manned 

aircraft. Additionally, the ecologic and noise impact is negligible as compared to traditional 

manned aircraft. Economically, small unmanned aerial vehicles are the most cost-effective 

solution for aerial video production, newsgathering, and aerial data collection when compared to 

manned aircraft.
Respectfully,

Todd Ofenbeck 

Todd Ofenbeck

Special Projects Photographer

Waterman Broadcasting Corporation

Applicant:

Waterman Broadcasting Corporation

3719 Central Avenue

Fort Myers, Florida 33901

(239) 707-1418