CURRAN & CURRAN LAW 

90 NORTH COAST HIGHWAY 101 . SUITE 103. ENCINITAS. CALIFORNIA 92024 

TELEPHONE 760. 634. 1229 FACSIMILE 760. 634. 0729 

October 7, 2014 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

MICHAEL D. CURRAN, ESQ., ATP 

SUSAN M. CURRAN, ESQ. 

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 

21;14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 

91.121; 91.151 (a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 

91.417 (a) & (b). 

Dear Sir or Madam: 

Petitioner Aerial Production Services, Inc., hereby petitions the Secretary of 

Transportation and Federal Aviation Administration ("FAA") for exemption to the above 

referenced and below more fully described Federal Aviation Regulations, ("FARs") that 

currently may or may not apply to the recreational/ business operations of model aircraft 

including small unmanned aerial vehicles/systems ("SUAVS"). 

1. Prefatory Statement to Petition 

In June, 1981, the FAA published an advisory circular, AC 91-57, (an advisory 

publication giving non-regulatory information/guidance. Advisory circulars do not create or 

change regulations and are not binding on the public.) AC 91-57 was entitled "Model Aircraft 

Operating Standards" and gave non-regulatory suggestions to model aircraft operators on 

suggested procedures for operating their models. This was the sole publication by the FAA 

which addressed model aircraft, SUAV for the next nearly 25 years. 

In September 2005, the FAA appeared to turn its' attention toward unprecedented 

attempts at regulating model aircraft specifically the more modern SUAVS. The FAA, for the 

first time in history now termed these devises as Unmanned Aerial Systems ("UAS") seemingly 

to align with their attempts at enforcement. The FAA published "AFS-400 UAS POLICY 05-01 

-Unmanned Aircraft Systems Operations in the U.S. National Airspace System- Interim 

Operational Approval Guidance." This interim internal FAA memo expressly confirms that 

"[t]his policy is not meant as a substitute for any regulatory process." Still, it purported to 

"require" a Certificate of Authorization ("COA") or Waiver to use SUAVS. The new FAA policy 

relied for legal/regulatory "authority" on the non-regulatory, AC 91-57. 

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'" 

In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. 

The 2007 Policy Statement starts by defining "unmanned aircraft" as "a device that is used or 

intended to be used, for flight in the air with no onboard pilot" and it purported to include "a 

remotely controlled model airplane used for recreational purposes." The FAA termed these 

devices UAS and then purported to articulate the new FAA "policy" for "UAS" operations was 

that "no person may operate a "UAS" in the National Airspace System without specific 

authority." For the first time ever, the 2007 Notice purported to articulate two new alleged 

"rules": (1) Model aircraft can no longer be operated for a "business" purpose; and (2) a Model 

aircraft operated for a business purpose requires a COA, or special Certificate of Operating 

Authority and therefore is subject to the FAR's. 

Thereafter beginning in 2007 and continuing to present apparently based on these two 

new FAA internal "policies" and without citing to any actual federal law, or FARs, the FAA then 

sent various cease and desist notices to model aircraft SUAVS operators describing the COA 

process and threatening to impose a $10,000 fine if they did not comply with the new FAA 

policies which the FAA indicated created a "ban" on using SUAVS for an "business purpose." 

In 2012, following the FAA's attempts to regulate using internal policy memos, Congress 

enacted the Federal Aviation Administration Reform and Modernization Act, ["FRMA"]. The 

FRMA allows the Secretary of Transportation to "exempt" SUAVS from existing Federal Law, 

FARs to the extent any federal law or FAR actually currently applies to SUAVS. 

As the Secretary/FAA are no doubt aware these issues are presently pending before 

the NTSB full panel of Judges in Pirker v. FAA, Docket No. CP-217. Pending the NTSB 

president setting decision in the Pirker case, Petitioner respectfully makes this request as 

suggested by the FMRA and the FAA. See http://www.faa.gov/news/press_releases/n 

ews_story.cfm?newsld=16294. In the only other case in history where the FAA's attempts to 

regulate Model AircraWUAVs has been tested, in Texas Equuisearch v. Federal Aviation 

Administration, the U.S. Court of Appeals for the District of Columbia Circuit, Case No. 14-

1061, the Court ruled that FAA informal email/mail orders attempting to enforce its Model 

Aircraft/UAVs internal policies are not legally binding. 

Most recently, Petitioner is aware the FAA has granted similar exemptions for aerial 

photography in Alaska and is on the verge of granting similar exemptions for the Motion 

Picture Association of America ("MPAA") on behalf of seven UAV camera operators. 

Petitioner at all times has and operates his SUAVS following the safety guidelines of AC 

91-57. 

2. Petition for Exemption 

With that preface, pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 ("FMRA") and 14 C.F.R. Part 11, Aerial Production Services, Inc., developer and 

operator of Small Unmanned Aerial Vehicles ("SUAVS") equipped to conduct aerial 

photography/Inspection/ included but not limited to the following Commercial Operations: 

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.• 

• Real Estate listings 

• Yacht brokerage/listings 

• Private events: weddings, parties, etc ... 

• Commercials/promotions for businesses, communities, golf courses, marinas, resorts, 

etc ... 

• Agriculture: imaging for crop health and/or production estimates 

• Private land owners: pictures/video of their property 

• As needed/requested to support law enforcement and/or first responders 

Petitioner hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its SUAVs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

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

SUAVS under controlled conditions in airspace that is 1) limited 2) predetermined; and 3) 

controlled as to access. The exemption would also provide safety enhancements to the 

already safe operations within the aerial photography industry presently using conventional 

aircraft and small, unmanned and relatively inexpensive SUAVS. 

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." Section 333(c) of the 

FMRA. 

3. Name and Address of the Petitioner 

Aerial Production Services, Inc. 

Attn: David Sotiros 

1564 Hallwood CT. 

Crofton, MD. 21114 

(410) 212-2599 

Email: dave@crumanagementgroup.com 

4. Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to SUAVS 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

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14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 
This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system ("NAS") before completion of the rulemaking required under Section 332 of 

the FMRA. In making this determination, the Secretary is required to determine which types of 

SUAVS/UAS do not create a hazard to users of the NAS, or the public, or pose a threat to 

national security in light of the following: 

A. The SUAVS size, weight, speed, and operational capability; 

B. Operation of the SUAVS in close proximity to airports and populated areas; and 

C. Operation of the SUAVS within visual line of sight of the operator. FMRA § 333 (a). 

Lastly, if the Secretary determines that such vehicles "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." /d. §333(c) (emphasis added). The Petitioner 

interprets this provision to place the duty on the Secretary/FAA Administrator to not only 

process applications for exemptions under section 333, but for the Secretary/Administrator to 

affirmatively craft conditions for the safe operation of the SUAVS, if it should be determined 

that the conditions set forth herein do not fulfill the statutory requirements for approval. 

The Federal Aviation Act expressly grants the Secretary/FAA Administrator the authority 

to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as 

the term is defined under §401 01 of the Act, which currently may or hereafter may include 

SUAVs, from the requirement that all civil aircraft must have a current airworthiness certificate. 

The Secretary/FAA Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 

of this title if the Secretary/FAA Administrator finds the exemption in the public interest. 49 

U.S.C. §44701 (f) See also 49 USC §44711 (a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

The Aerial Production Services, Inc. SUAVS are multi-rotorcraft equipped as follows; 

• The most innovative, safe and reliable craft available 

• Similar to Phantom 2, s1 000 (multi-rotor, > 551bs, 5-40 KIAS) 

• 9" carbon fiber props for more efficient airfoils 

• Naza-M, A2 flight controllers with GPS waypoint navigation for increased safety 

• GoPuck 5x for increased battery power; reducing risk of lost power 

• Anti-gravity motors 

• Long Range FPV 

• Minimum of 4 extra (charged) batteries and 2 battery chargers on hand per flight 

• Larger UAS (such as the s1000) will have a second controller used only for 

filming/directing the camera ... leaving operators sole focus on safe operation of the craft 

They will operate, under normal conditions, at speeds of 5-40 KIAS and at speed of no 

more than 50 KIAS and have the capability to hover and move in the vertical and horizontal 

plane independently/simultaneously. They will operate in line of sight and will operate only 

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within the areas described herein. Such operations will insure that the SUAVS will "not create 

a hazard to users of the NAS or the "public" as described in the FMRA §333(b). 

Given the small size of the SUAVS involved, and the limited environment within which 

they will operate, the Petitioner falls squarely within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of SUAVS to commence immediately. Also, due to the size of the SUAVS and the 

restricted areas in which the relevant SUAVS will operate, approval of the application presents 

no national security issue. 

Given the clear direction in FMRA §333, the authority contained in the Federal Aviation 

Act, as amended, the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, reduction in environmental 

impacts (including reduced emissions associated with allowing SUASV for filming operations 

rather than full-sized aircraft, the grant of the requested exemptions is in the public interest. 

Accordingly, the Petitioner respectfully requests that the FAA grant the requested exemption 

without delay. 

5. Limitations and Conditions 

The Petitioner proposes that the exemption requested herein be issued pursuant the 

limitations and conditions listed herein. These conditions/limitations provide for an even higher 

level of safety to operations under the current regulatory structure which apply to actual 

certificated aircraft because the proposed operations represent a safety enhancement to the 

already very safe SUAV's filming operations conducted by recreational SUAVS and 

conventional aircraft. 

Petitioner's primary Missions include but are not limited to the following; 

• Real Estate listings 

• Yacht brokerage/listings 

• Private events: weddings, parties, etc ... 

• Commercials/promotions for businesses, communities, golf courses, marinas, resorts, 

etc ... 

• Agriculture: imaging for crop health and/or production estimates 

• Private land owners: pictures/video of their property 

• As needed/requested to support law enforcement and/or first responders 

Petitioner's primary locations shall be primarily in Maryland and the Northeast US region 

These limitations and conditions to which Aerial Production Services, Inc., LLC agrees 

to be bound when conducting business/commercial operations under this FAA issued 

exemption are consistent with the Administrators grant of Exemption to the MPAA include: 

1. The SUAV must weigh less than 55 pounds (25 Kg), including energy source(s) and 

equipment. Operations authorized by this grant of exemption are limited to the following 

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aircraft: DJI Phantom 2, DJI s800/1000, or similar SUAVs. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this grant. 

2. The SUAV may not be flown at a speed exceeding a ground speed of 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operator's manual. All altitudes 

reported to ATC must be in feet AGL. 

4. The SUAV must be operated within visual line of sight (VLOS) of the Operator at all 

times. This requires the Operator to be able to use human vision unaided by any device 

other than corrective lenses, as specified on the PIC's FAA-issued medical certificate. 

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the 

VLOS requirement, as long as the PIC always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. 

6. The operator's checklist is considered acceptable to the FAA, provided the additional 

requirements identified in these conditions and limitations are added or amended. The 

operator's checklist and this grant of exemption must be maintained and made available 

to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the checklists the conditions 

and limitations herein take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its checklists. 

The operator may update or revise its operator's checklists. It is the operator's 

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment. If the operator determines that 

any update or revision would affect the basis for which the FAA granted this exemption, 

then the operator must petition for amendment to their exemption. The FAA's UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operator's manual. 

7. Prior to each flight the PIC must inspect the SUAV to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the SUAV, 

the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the SUAV is found to be in a condition for safe flight. The Ground 

Control Station, if utilized, must be included in the preflight inspection. All maintenance 

and alterations must be properly documented in the aircraft records. 

8. Any SUAV that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the operator's manual. The PIC who conducts 

the functional test flight must make an entry in the UAS aircraft records of the flight. The 

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requirements and procedures for a functional test flight and aircraft record entry must be 

added to the operator's manual. 

9. The operator must follow the manufacturer's SUAV aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, 

aircraft maintenance/ component/overhaul, replacement, and inspection/maintenance 

requirements must be established and identified in the operator's manual. At a 

minimum, the following must be included in the operator's manual: 

a. Actuators I Servos 

b. Transmission (single rotor) 

c. Powerplant (motors) 

d. Propellers 

e. Electronic speed controller 

f. Batteries 

g. Mechanical dynamic components (single rotor) 

h. Remote command and control 

i. Ground control station (if used) 

j. Any other components as determined by the operator 

10. The Operator In Command (OIC) must possessed a certificate of graduation from a pilot 

training course conducted by an FAA-approved pilot school, or a statement of 

accomplishment from the school certifying the satisfactory completion of the groundschool portion and at least a current third-class medical certificate. 

11. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the OIC must have accumulated and logged, in a manner consistent with 

14 CFR § 61.51 (b), a minimum of 25 hours of total time as a SUAV rotorcraft pilot and 

at least ten hours logged as a SUAV pilot with a similar SUAV type (single blade or 

multirotor). Prior documented flight experience that was obtained in compliance with 

applicable regulations may satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under this grant of exemption to 

accomplish the required flight cycles and flight time. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

non-participants, and the OIC must operate the SUAV with appropriate distance from 

non-participants in accordance with 14 CFR § 91.119. Prior to operations conducted for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 

five hours as SUAV pilot operating the make and model of SUAV to be utilized for 

operations under the exemption and three take-offs and three landings in the preceding 

90 days. Training, proficiency, experience-building, and take-off and landing currency 

flights can be conducted under this grant of exemption to accomplish the required flight 

time and 90 day currency. During training, proficiency, experience-building, and take-off 

and landing currency flights all persons not essential for flight operations are considered 

non-participants, and the OIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

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12. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), a flight demonstration, administered by an operator-approved and -qualified 

pilot must be successfully completed and documented. This documentation must be 

available for review upon request by the Administrator. Because the knowledge and 

airmanship test qualifications have been developed by the operator, and there are no 

established practical test standards that support a jurisdictional FAA FSDO evaluation 

and approval of company designated examiners, the petitioner will conduct these tests 

in accordance with the operator's manual. 

13.The SUAV may not be operated directly over any person, except authorized and 

consenting production personnel, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency. 

14. Regarding the distance from participating persons, the operator's manual has safety 

mitigations for authorized and consenting production personnel. At all times, those 

persons must be essential to the closed-set film operations. Because these procedures 

are specific to participating persons, no further FSDO or Aviation Safety Inspector (ASI) 

approval is necessary for reductions to the distances specified in the petitioner's 

manuals. This is consistent with the manned aircraft procedures described in FAA Order 

8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television 

Filming. 

15. The SUAV may not be operated directly over any person, except authorized and 

consenting production personnel, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency. 

16. Regarding distance from non-participating persons, the OIC must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved 

and necessary for the filming production. This provision may be reduced to no less than 

200 feet if it would not adversely affect safety and the Administrator has approved it. For 

example, an equivalent level of safety may be determined by an aviation safety 

inspector's evaluation of the filming production area to note terrain features, 

obstructions, buildings, safety barriers, etc. Such barriers may protect non-participating 

persons (observers, the public, news media, etc.) from debris in the event of an 

accident. This is also consistent with the same FAA Order 8900.1, V3, C8, S1. 

17.1f the SUAV loses communications or loses its GPS signal, the SUAV must return to a 

pre-determined location within the security perimeter and land or be recovered. 

18. The SUAV OIC must abort the flight in the event of unpredicted obstacles or 

emergencies. The Operator shall carry/use appropriate LIPO battery protective bags 

and fire extinguishing equipment. 

19. Each SUAV operation must be completed within 30 minutes flight time or with 25% 

battery power remaining, whichever occurs first. 

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20.1n addition to the conditions and limitations proposed by the operator, the FAA has 

determined that any operations conducted under this grant of exemption must be done 

pursuant to the following conditions and limitations: 

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (GOA) prior to conducting any operations under this grant of exemption. 

This GOA will also require the operator to request a Notice to Airman (NOT AM) not 

more than 72 hours in advance, but not less than 48 hours prior to the operation. 

22.AII aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

23. The OIC must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the SUAV. These procedures must be 

added to the operator's manual/checklists. 

24. Each SUAV operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

25. The OIC must develop SUAV technician qualification criteria. These criteria must be 

added to the operator's manual/Checklists. 

26. The preflight inspection section in the operator's checklists manual must be amended to 

include the following requirement: The preflight inspection must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not covered in the 

relevant preflight inspection sections of the operator's manual. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the SUAV must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

28. At least three days before scheduled filming, the operator of the SUAV affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction 

over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights 

b. Name and phone number of the operator for the SUAV filming production conducted 

under this grant of exemption 

c. Name and phone number of the person responsible for the on-scene operation of the 

SUAV 

d. Make, model, and serial or N-number of UAS to be used 

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e. Name and certificate number of SUAV OICs involved in the filming production event 

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request. 

g. Signature of exemption-holder or representative 

h. A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation 

29. The documents required under 14 CFR § 91.9 and§ 91.203 must be available to the 

OIC at the ground control station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

30. The SUAV must remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultra light vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

31.SUAV operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

32. The SUAV cannot be operated by the PIC from any moving device or vehicle. 

33. The SUAV may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

34. The SUAV may not operate in Class B, C, or D airspace without written approval from 

the FAA. The UA may not operate within 5 nautical miles of the geographic center of a 

non-towered airport as denoted on a current FAA-published aeronautical chart unless a 

letter of agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a NOT AM as required by the operator's COA. The letter 

of agreement with the airport management must be made available to the Administrator 

upon request. 

35.Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 

24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight 

operations may not be conducted until the incident, accident, or transgression is 

reviewed by AFS-80 and authorization to resume operations is provided. 

Unless otherwise specified in this grant of exemption, the UAS, PIC, and operator must comply 

with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. 

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6. Description of Regulations Which May Apply From Which Petitioner Requests 

Exception 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 SUAVS to be utilized by the Petitioner, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

and Section 333 of the FMRA 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 SUAVS. 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. 

The SUAVS to be operated hereunder is less than 55 lbs. fully loaded, is by definition 

unmanned and carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a limited flight area. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by the 

PIC/Operator and will also remain within the requirements of, and in compliance with, local 

public safety requirements. These safety enhancements, which already apply to civil aircraft 

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 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 SUAVS will have no airworthiness certificate, an exemption may be 

needed as the SUAVS will have no entrance to the cabin, cockpit or pilot station on which the 

word "Experimental" can be placed. Given the size of the SUAVS, 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 SUAVS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

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SUAVS will see the identification of the SUAVS as "Experimental." The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 

SUAVS is unmanned and will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating the 

aircraft to have a FAA ground school rather than a commercial pilot's license to operate this 

small SUAVS. Unlike a conventional aircraft that carries the pilot and passengers, the SUAVS 

is remotely controlled with no living thing on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. The level of safety provided 

by the requirements included herein exceeds that provided by a single individual holding a 

commercial pilot's certificate operating a conventional aircraft. The risks associated with the 

operation of the SUAVS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the SUAVS as 

requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 

C.F.R. §61.113 (a) & (b). 

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 and the requirements contained herein for the use of safety check 

lists 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 SUAVS, 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 SUAVS operation 

manual and appropriate checklists at the ground control point where the pilot flying the SUAVS 

will have immediate access to it. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 

10602, 32827, and 10700. 

14 C.F.R. § 91.103: Pre-flight action 

Page 12 of 19 
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. An equivalent level of safety will be provided as set 

forth hereinabove. The PIC will take all actions including reviewing weather, flight battery 

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

flight using appropriate checklists. 

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. 

SUAVs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a radio transmitter that 

communicates with the aircraft via a receiver in the SUAVS. 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. See Exemption Nos.5778K & 9862A. 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. This exemption is for a SUAVS and the exemption requests authority to operate at 

altitudes up to 400 AGL underneath navigable airspace and in class E and G airspace 

maintaining safe separation from actual aircraft, an exemption may be needed to allow such 

operations. 

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. Because of the advance notice to the property owner and 

participants in the filming activity, attempts will be made to contact all affected individuals 

regarding the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 551bs. proposed herein, and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently presented with 

conventional aircraft. In addition, the low-altitude operations of the SUAVS will ensure 

separation between these SUAVS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

Page 13 of 19 
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 SUAVS 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 Manual and Safety 

Check list, 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 SUAVS provides approximately between 10-60 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, SUAVS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the SUAVS 

proposed flight area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight or night VFR conditions is reasonable. 

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

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with FAR 91.151 (a)). Operating the SUAVS in controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of flight operation time, does not give rise to the type of 

risks that Section 91.151 (a) was intended to alleviate particularly given the size and speed of 

the SUAVS. Additionally, limiting SUAVS flights to 20 minutes would greatly reduce the utility 

for which the exemption will be granted. 

Petitioner believes that an equivalent level of safety can be achieved by limiting flights 

to 60 minutes or no less than 10% of battery power, whichever happens first. This restriction 

would be more than adequate to return the SUAVS to its planned landing zone from anywhere 

within its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

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: 

Page 14 of 19 
(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 SUAVS fully loaded weighs no more than 55 lbs and typically less than 20 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 SUAVS. 

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

control point where the pilot flying the SUAVS will have immediate access to them; to the 

extent they are applicable to the SUAVS. 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. §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, and the requirements of pre-flight inspection required herein, these sections will not 

apply to the applicant. Routine and pre-flight maintenance will be accomplished by the 

operator. An equivalent level of safety will be achieved because these SUAVS are very limited 

in size and will carry a very small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the SUAVS can land immediately and given its 

small size poses very little risk to persona or property. The operator will ensure that the 

SUAVS 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. 

7. Publication Summary 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 

91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 

Page 15 of 19 
91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate 

commercially a SUAVS vehicle (551bs or less) for Aerial Photography Operations. 

Approval of exemptions allowing commercial operations of SUAVs for aerial 

photography/Inspection for the following; Business Operations: over land, water-ways, and 

oceans; operation over/in non restricted National Parks, National Forests, flight in nonnavigable airspace, using non-intrusive recording devices, operation in otherwise unrestricted 

US States/Territories will enhance safety by reducing risk. Conventional film operations, using 

jet or piston power aircraft, operate at extremely low altitudes, just feet from the subject being 

filmed, and in extreme proximity to people and structures; and present the risks associated 

with vehicles that weigh in the neighborhood of 4,0001bs, carrying large amounts of jet A or 

other fuel. In addition such actual certificated aircraft must fly to and from the film location. In 

contrast, a SUAVS weighing fewer than 55 lbs., and powered by batteries rather than fuel, 

eliminates virtually all of that risk. The SUAV is driven/carried to the film set, not flown. The 

SUAVS will carry no passengers or crew and, therefore, will not expose any crew to the risks 

associated with manned aircraft flights. 

The operation of SUAVS, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide at least an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the Petitioner from the requirements of Part 

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in a line of sight, relatively sterile environment and are, as a result, far 

safer than conventional operations conducted with actual aircraft/helicopters operating in close 

proximity to the ground and people. 

8. Privacy 

All business/commercial flights which occur over private or controlled access property 

will be with the property owner's prior consent and knowledge. Filming will be of people who 

have also consented to being filmed or otherwise have agreed to be in the area where filming 

will take place. Petitioner will not infringe on any individual or landowner privacy rights. 

Limited nighttime operations may be conducted. Nighttime as defined FAR's in Section 

is as follows 1.1. "Night means the time between the end of evening civil twilight and the 

beginning of morning civil twilight, as published in the American Air Almanac, converted to 

local time." Night operations may be conducted by the SUAVS following the guidelines above 

and provided such operations have sufficient lighting so that Petitioner/Operator maintains 

visual line of sight. Allowing SUAVS this exemption will provide a far safer nighttime filming 

alternative to the current full size aircraft operations. 

9. Conclusion 

The FAA's purported "ban" on business/commercial Model Aircraft/UAVs operations has 

actually had the current effect of causing American skies to be less safe. There are many 

actual certificated pilots who are exceptionally qualified to fly model aircraft/SUAVS with their 

model aircraft/SUAVS experience, private, commercial or ATP pilot training, licenses and 

Page 16 of 19 
instructor ratings. However, these experienced operators and licensed pilots familiar with the 

FARs, airspace and safe operating procedures are currently reluctant to commercially operate 

model aircraft!SUAVS or be involved, for fear of the FAA seeking an enforcement action 

against them or their actual pilot's licenses. 

Presently, during the pendency of these issues in the Pirker case, it defies safety or 

regulatory logic that according to the FAA's current alleged "ban" on business operations of 

SUAVS, your average enthusiastic 12 year old, who's well meaning Father bought him a quad 

copter SUAVS equipped with a camera, can operate his SUAVS wherever he wants and take 

whatever recreational video/pictures subject only to the suggestions of FAA AC 91-57 and yet 

an FAA certificated private/commerciai/ATP pilot cannot be paid to use a far higher quality and 

equipped SUAVS to take an aerial photo or aerially inspect a farmers field, despite the 

significant improvement in safety over non-pilots operating SUAVS recreationally and real 

aircraft used for aerial photography. 

Satisfaction of the criteria provided in Section 333 of the FMRA of 2012, and requiring 

the SUAVS PIC to have or obtain medical certificate and a actual pilots license and 

considering the small size, weight, speed, operating capabilities, limited operations in proximity 

to airports and populated areas and operation within visual line of sight and national security -

all of which provide more than adequate justification for the grant of the requested exemptions 

allowing business /commercial operation of applicant's SUAVS for aerial photography/ 

Inspection as requested herein. 

If this firm can be of any further assistance in processing this request, or you have any 

other questions or concerns, please do not hesitate to contact me directly, in writing. 

CURRAN & CURRAN LAW 

Michael D. Curran, Esq./ATP/CFII/MEI 

cc: James Williams, FAA 

Les Dorr, FAA, Allison Duquette, FAA 

Page 17 of 19 
Ex.1. 

Aerial Production Services, Inc., Procedures/Checklists 

Preflight Checklists 

Inspect Vehicle 

1. Check props 

2. Check screws 

3. Check Radio 

4. Check body/arms for cracks 

5. Prepare log book 

6. Review mission/Check review weather 

7. Check/test batteries record voltages 

8. Prepare nav/gps system 

9. Radio RX/TX distance tesUCheck timers 

10. Satellite localization/lock 

Narrative Descriptions. Inspect the vehicle for previous damage like cracked chassis, loose props, motors and 

wires, this will ensure the safe operation of the vehicle and not a catastrophic failure of parts. Tighten all screws 

and record which ones are becoming loose over time. This will indicate problems with the vehicle structure and 

you should use more CA or thread locking liquid to keep this problem to a minimal. If you are repeatedly 

tightening the screws in the same spot then there is a problem with the screw hole and should be tapped or 

corrected. Prepare a logbook, this will ensure that you are recording the proper flight times and will indicate 

battery health, saving you from a failure and possible loss of vehicle. Pull out the document you use for logging 

your flight fill out the information that is most important: date, time, and mission information. Weather affects the 

performance of a vehicle and should be calculated to ensure proper weights given to your flight and battery time 

totals. Weather information to include as follows: Temperature, wind speed, maximum gusts, ambient 

temperature, humidity, dew point, barometric pressure, and any solar information that can effect your GPS. 

Review your mission so that you know exactly what you plan to do and what data you will gather. Check and test 

your batteries so that you have sufficient power for your mission. If you followed this checklist your batteries 

should have been charged the last time you put your vehicle away. Turn on the navigation system if applicable 

and verify the appropriate settings to localize the satellite signal. Check for solar flare information and gps 

outages in your area connected to your mission. 

II. Before Flight 

1. Turn on transmitter; Check set flight mode 

2. Set throttle down 

3. Clear flight area 

4. Connect battery on the vehicle 

5. Start motors 

Page 18 of 19 
6. Verify indicator lights for proper indications/GPS locks 

7. Throttle up slowly 

8. Maintain visual separation from all obstructions 

Narrative Descriptions: You should always be near your transmitter so that in the case of a failure you can control 

the vehicle to the best of your abilities and get the vehicle safely to the ground. First turn the transmitter on, with 

the throttle turned all the way down. Next walk over to the vehicle that you plan to fly clear area and connect the 

battery. You should connect the battery in a way that does not disturb the vehicle from sitting on the ground, when 

you plug the vehicle up it is calibrating the flight system and powering up safely. When the lights give proper 

indications it is safe to either pick up the vehicle safely and move it or walk away from it with your controller in 

your hand. To begin your flight move the sticks up slowly until the vehicle leaves the ground maintain visual 

separations from people, buildings, obstructions, other UAV/aircraft. 

Ill. Post Flight/After Landing 

1. Unplug battery on vehicle while near the controller 

2. After battery is unplugged turn off the controller 

3. Fill out log books 

Narrative Descriptions: Once the vehicle has returned to the ground, walk over with your controller and 

disconnect the wire to the vehicle battery, this will essentially kill the power and render the vehicle in the safe to 

transport mode. Next you can power the controller off to save the battery life. Return the vehicle to a safe place 

and then locate your logbooks and recover your data. 

IV. Debrief 

1. Fill out logs 

2. Complete calculations for batteries and flight times 

3. Put away gear, vehicle and log books 

Page 19 of 19 
1 

2 

3 

DECLARATION OF SERVICE 

I am employed in the County of San Diego, State of California. I am over the age of 18 and 

4 not a party to the within action. My business address is 90 N. Coast Hwy. 101, Suite 103, Encinitas, 

CA 92024. On October 8, 2014, I served the foregoing documents, described as: 

5 

6 

1. Letter to the U.S. Department of Transportation dated October 7, 2014 

on the parties of interest as follows: 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

BY U.S. MAIL 

I placed a true and correct copy of said document(s) in sealed a envelope(s) addressed 

according to the above listed parties and deposited such envelope(s) in the mail at Encinitas, 

California. The envelope(s) was/were mailed with postage thereon fully prepaid. 

I am "readily familiar" with the firm's practice of collection and processing correspondence 

for mailing. It is deposited with U.S. postal service on that same day in the ordinary course 

of business. I am aware that on motion of the party served, service is presumed invalid if 

postal cancellation date or postage meter date is more than one day after date of deposit for 

mailing in affidavit. 

STATE I declare under penalty of perjury under the laws of the State of California 

that the above is true and correct. 

FEDERAL I declare that I am employed in the office of a member ofthe bar of this Court 

at whose direction the service was made. 

Executed on October 8, 2014 at Encin·