Korporate	Media	LLC

c/o	David	R.	Overbeck

14615	Timberidge	Trail

Brookfield,	WI	53005

August	31,	2015

United	States	Department	of	Transportation	

Docket	Management	System

West	Building	Ground	Floor	Room	W12-140

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Re:	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);	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)

Dear	Sir	or	Madam,

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	14	

CFR	Part	11,	Korporate	Media	LLC	and	its	sole	member,	David	R.	Overbeck, operator	

of Unmanned	Aerial	System(s) (UAS),	hereby	apply for	an	exemption	from	the	listed	

Federal	 Aviation	 Regulations	 to	 allow commercial	 operation	 of	 a UAS,	 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.

Information	of	the	applicant:

Name:	Korporate	Media	LLC	c/o	David	R.	Overbeck

Phone:	414.581.0109

Email:	davidr@korporate-media.com

Address:	14615	Timberidge	Trail,	Brookfield,	WI	53005

Background

David Overbeck founded Korporate Media LLC in 2004 to help companies and arts 

organizations produce high quality motion pictures. He has over 15 years of experience 

producing media products for businesses such as Miller Coors, Briggs and Stratton,

Kohl’s Department Stores, and arts organizations such as the Milwaukee Ballet and the 

University of Wisconsin-Milwaukee Department of Dance. In addition to this 

professional work, David has had a passion for building UAS as a hobbyist, and has built 

and safely flown small scale UAS. Now that small UAS can safely support high quality 

cameras capable of producing broadcast quality images and photographs, he is looking to 

combine his passion for commercial video production and photography with his passion 

for operating UAS.
Commercial	operation	UAS,	as	described	herein,	which	are	equipped	with	cameras	

and	sensors,	would	operate	in	the	following	manner:

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	events,	and	cinematography.	

3. Aerial	 inspection/photography	 of	 residential/commercial	 structures	 under	

contract	with	the	owners	or	local	government	authority.	

4. 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.	

As	 described	 fully	 below,	 the	 requested	 exemption	would	 permit	 the	 operation	 of	

UAS	under	controlled	conditions	in the	National	Air	Space	 (NAS) that	would	be	a)	

limited	b)	controlled	c)	predetermined	and	d)	will	provide	safety	enhancements	to	

the	 already	 safe	 operations	 in	 the	 industry	 presently	 using	 conventional	 aircraft.	

Approval	of	this	exemption	would	thereby	enhance	safety	and	fulfill	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.”

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	UAS are	multi-rotor	craft	weighing	no	more	than	55	pounds including	payload.	

Under	 normal	 conditions	 they	 operate	 at	 speeds	 of	 no	 more	 than	 45	 Mph	 or	 39	

Knots	 and	 have	 the	 ability	 hover	 and	 move	 along	 a	 vertical	 and	 horizontal	 plane	

simultaneously.	They	will	be	operated	within	line	of	sight	and	only by	the	exempted	

person,	David	R.	Overbeck, in	obeyance all	other	local	and	federal	laws.
Given	the	small	size	of	the	UAS	and	its	operation	within	a	controlled	environment,	as	

outlined	 below,	 the	 proposed	 operation will	 adhere	 to	 the	 Reform	 Act’s	 safety	

requirements.	The	approval	of	this	application	presents	no	national	security	issues.		

Granting	the	requested	exemption	is	in	the	public’s	best	interest,	due	to	the	level	of	

safety	 surrounding	 the	 proposed	 operation	 and its	 low	 environmental	 impact,	

including	 reduced	 emissions	 and	 noise,	 when	 with	 alternative	 aerial	 video	

production	methods.

Aircraft	and	Equivalent	Level	of	Safety

The	applicant	agrees	to	adhere	to	the	 following	safety	conditions	when	conducting	

commercial	 operations	 under	 the	 FAA	 issued	 exemption	 as	 set	 forth	 in	 the	 Flight	

Operations	Manual	(FOM):

1. The	small	UAS	will	weigh	less	than	55	lbs.	

2. Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer.	

3. Maximum	 flight	 time	 for	 each	 operational	 flight	will	 be	 20 minutes.	 Flights	

will	be	terminated	at	25%	battery	power	reserve	or	20 minutes	of	flight	time	

whichever	occurs	first.	

4. Flights	will	be	operated	at	an	altitude	of	no	more	than	400	feet	Above	Ground	

Level	 (AGL)	 and	 not	 more	 	than	 200	 feet	 above	 an	 elevated	 platform	 from	

which	filming	is	planned.	

5. Minimum	 crew	 for	 each	 operation	 will	 consist	 of	 the	 small	 UAS	 Pilot	 in	

Command	(PIC),	the	Visual		Observer	(VO)	when	needed	and	may	include	but	

not	limited	to	a	Camera	Operator.	

6. The	UAS	will	only	be	piloted	by the	PIC, David	R.	Overbeck,	as	sole	member	of	

Korporate	Media	LLC, in	a	commercial	capacity.	

7. A	 briefing	 will	 be	 performed	 regarding	 the	 planned	 small	 UAS	 operations	

prior	to	each	day’s	flight	and	the	proposed	production	activities.	

8. The	PIC	will	obtain	 verbal/written	consent	of	all	persons	involved	with	 the	

planned	operation	and		ensure	that	only	consenting	persons	will	be	allowed	

within	100	feet	of	the	flight	operation,	and	the	radius	may	be	reduced	to	30	

feet	 based	 upon	 an	 equivalent	 level	 of	 safety	 determination,	 as	 required	

under	 the	 FOM.	 With	 the	 advanced	 permission	 or	 direction	 of	 the	 FSDO,	

operations	at	closer	range	may	be	approved.	

9. The	PIC	and	VO	will	have	been	trained	in	operation	of	UAS	and	receive	up-todate	 information	 for	 the	 particular	UAS	 to	 be	 operated	 and	 will	 be	 able	 to	

show	 upon	 request	 their	 competent	 ability	 to	 operate	 the	 UAS	 and/or	

Camera.	

10. The	PIC	and	VO	will	be	able	to	communicate	by	voice	or	radio	at	all	times.	

11. Written	 and/or	 verbal	 permission	 and	 permits	 will	 be	 obtained	 from	

territorial,	state,	county	or	city		jurisdictions,	including	law	enforcement,	fire	

or	other	appropriate	governmental	agencies	when	needed.	

12. If	the UAS	loses	communications	or	loses	GPS	signal,	the	small	UAS	will	have	

the	 capability	 to	 	return	 to	 a	 pre-determined	 location	 within	 a	 designated	

location	and	land	autonomously.	
13. The	 UAS	 will	 have	 the	 capability	 to	 abort	 a	 flight	 in	 case	 of	 unpredicted	

obstacles,	weather,	or		emergencies.	

Pre-Flight	Checklist

1. Weather	conditions	are	suitable	for	UAS	flight

a. Winds	not	to	exceed	18	miles	per	hour

b. Temperature	is	above	32	degrees	Fahrenheit

c. There	is	no	precipitation	in	the	area

2. Test	Battery

a. Power	on	battery	and	check	voltage

b. Perform	a	battery	self	test	and	check	for	errors

c. Power	down	battery

3. Verify	all	wiring	connections	are	secure

4. Check	rotors	for	wear,	cracks,	and	chips

5. Make	sure	rotors	are	tight	and	that	they	turn	freely

6. Power	on	controller	and	connect	to	the	tablet	to	check	for	controller	errors

7. Place	UAS	in	a	clear	open	area	free	from	obstructions

8. Install	battery	in	UAS	and	power	on

9. Check	for	errors	with	UAS,	Controller,	or	Battery

10. Confirm	radio	connection	to	the	controller are	at	100%

11. Calibrate	compass	if	necessary

12. Make	sure	UAS	is	locked	to	at	least	10	GPS	satellites	before	engaging		

motors

13. Make	sure	bystanders	are	clear	and	verbally	announce	“Take	Off”

14. Take	off	

a. hover	UAS	at	5	feet

b. confirm	satellite	GPS	lock	

c. confirm	ground	sensors	are	functioning

d. confirm	radio	connection	to	the	controller

e. confirm	controls	are	responding	correctly

UAS	Information

1.	DJI	Inspire	1

UAS

Weight	with	Battery	– 6.47	lb

Max	Ascent	Speed	– 11.1	mph

Max	Descent	Speed	– 8.9	mph

Max	Speed	– 49.2	mph

Max	Flight	Time	– 18	Minutes

Operating	Temperature	-10° C to 40° C

Controller

Frequency	5.725-5.825	GHz	2.400-2.483	GHz

Transmitting	Distance	– 1.2	miles

Battery	
Capacity	– 4500	mAH

Voltage	- 22.2V

Type	– LiPo	65

2.	DJI	Phantom	3

UAS

Weight	with	Battery	– 2.82	lb

Max	Ascent	Speed	– 11.1	mph

Mas	Descent	Speed	– 6.71	mph

Mas	Speed	– 35.7	mph

Max	Flight	Time	– 23	Minutes

Operating	Temperature	- 0 °C - 40 °C

Controller

Frequency	- 2.400	GHz-2.483	GHz

Transmitting	Distance	– 1.2	miles

Battery

Capacity	– 4480mah

Voltage	15.2V

Type	– LiPo	4S

UAS	Safety Features

Both	DJI	UAS	have	a	wide	variety	of	safety	features	to	ensure	safe	flights.	

1. The	batteries	have	smart	features	which	ensure	they	do	not	operate	if			

there	is	an	issue	with	the	battery.	If	the	battery	has	an	error,	the	

motors	will	not	engage.

1. Once	the	UAS powers	on	it	goes	through	a	series	of	self-checks.	If	there			

are	any	issues	with	the	UAS	the	motors	will	not	engage.		

2. If	during	flight	there	are	any	non-critical	errors	the	PIC	is	informed		

immediately and	the	pilot	can	bring	the	UAS	to	a	safe	landing

3. If	for	any	reason	the	UAS	loses	radio	control	it	initiates	a	‘return	to			

home’	function.	During	return	to	home	the	UAS	ascends	to	a	safe			

altitude	to	avoid	any	ground	obstacles,	then	it	returns	to	the	same	place	

where it	took	off	and	automatically	initiates	a	safe	landing.

4. If	the	UAS	battery	gets	to	20%	it	initiates	the ‘return	to	home’	function.

5. If	an	emergency	low	voltage	occurs,	the	UAS	initiates	a	safe	landing	in			

place.

6. If	the	visual	transmission	to	the	ground	is	lost	the	UAS	is	easily	landed			

7. visually	by	the	PIC.

8. All	UAS	information	such	as	altitude	and	airspeed	is	transmitted	to	the			

ground	for	the	PIC	to	see	at	all	times.	

Petitions for	Exemption
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	

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	small	UAS.	In all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	

small	 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.

The	 small	 UAS	 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.	 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	 small	 UAS,	 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	small	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	

be	 needed	 as	 the	 small	 UAS	 will	 have	 no	 entrance	 to	 the	 cabin,	 cockpit	 or	 pilot	

station	on	which	the	word	“Experimental”	can	be	placed.	Given	the	size	of	the	small	

UAS,	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	small	UAS	marked	on	its	fuselage	as	required	by	§45.29	(f)	

where	 the	 pilot,	 observer	 and	 others	 working	 with	 the	 small	 UAS	 will	 see	 the	

identification	of	the	small	UAS	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	 small	 UAS	 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	small	UAS	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	small	UAS.

14	C.F.R.	§91.7(a):	Civil	Aircraft	Airworthiness.

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	the	Aircraft.

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	small	UAS,	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	 small	UAS	will	have	

immediate	access	to	it.

14	C.F.R.	§	91.103:	Preflight	Action.

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	OPERATOR	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.	 Small	 UAS	 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	of	safety	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	Safe	Altitudes.

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	small	UAS	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	small	UAS	will	never	operate	at	higher	than	400	AGL	with	the	exception	that	in	

circumstances	 where	 the	 small	 UAS	 is	 used	 to	 survey	 or	 photograph	 a	 structure	

whose	height	exceeds	400	 feet	AGL,	 the	small	UAS	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	small	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.	 Because	 of	 the	 advance	 notice	 to	 the	 property	

owner	and	participants	in	the	filming	activity,	all	affected	individuals	will	be	aware	

of	 the	 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	 small	 UAS	 will	 ensure	 separation	

between	 these	 small- UAS	 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	small	

UAS	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,	 to	 fly	after	 that	 for	at	least	45	minutes.”	The	battery	powering	 the	
small	 UAS	 provides	 approximately	 30	 minutes	 of	 powered	 flight.	 To	 meet	the	 30	

minute	reserve	requirement	in	14	CFR	§91.151,	small	UAS	flights	would	be	limited	

to	 approximately	 10	 minutes	 in	 length.	 Given	 the	 limitations	 on	 the	 small	 UAS’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	 is	 reasonable.	 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	

small	 UAS	 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	flights	to	30	minutes	or	25%	of	battery	power— whichever	

happens	first.	This	restriction	would	be	more	than	adequate	to	return	the	small	UAS	

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	 and	

Registration

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 UAS	 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	

registration	documents	or	to	display	them	on	the	small	UAS.

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

ground	 control	 point	 where	 the	 pilot	 flying	 the	 small	 UAS	 will	 have	 immediate	

access	to	them;	to	the	extent	they	are	applicable	to	the	UAS.

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 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 UAS	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.

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

will	be	performed	in	accordance	with	the	UAS	Manufacturer's	Manual,	as	referenced	

in	the	Aircraft	Operations	Manual	(AOM).	As	provided	in	the	FOM,	the	operator	will	

ensure	 that	 the	 UAS	 is	 in	 working	 order	 prior	 to	 initiating	 flight	 and	 perform	

required	maintenance	needed.

Additional	Supporting	Information

Several	documents	are	provided	with	this	petition	in	support request.	

They	include:

DJI	Phantom	3	Users	Manual

DJI	Phantom	3	Safety	Guidelines

Thank	you	for	your	consideration	of	these	exemptions.

Sincerely,

David	R.	Overbeck

Korporate	Media	LLC