U.S. Department of Transportation 

Paul M. Slupski

GroupSJR

22 West 21st Street 

New York, NY 10010

Feb 26, 16 

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE Washington DC 20590 

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) Concerning commercial 

operation of DJI Phantom 2 Unmanned Aircraft System 

To Whom It May Concern: 

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

14 CFR Part 11, GroupSJR (“Petitioner”), operator of Small Unmanned aircraft 

Systems, hereby applies for an exemption from the listed Federal Aviation 

Regulations to allow commercial operation of an sUAS, so long as such operations 

are conducted within and under the conditions outlined herein or as my be 

established by the FAA as required by Section 333. 

The Petitioner is:

GroupSJR

Attn: Paul M. Slupski

22 West 21st Street

New York, NY 10010

Email: paul.slupski@groupsjr.com

Ph: (513) 375-5809

Petitioner is a U.S. citizen who has is a current section 333 holder for previous DJI 

models and sUAS pilot.

Commercial operation sUAS, 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 
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professional activities. 

2.Aerial video and/or photography for public and/or private use including 

television, public events, cinematography and news gathering. 

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. 

5.The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of 

sUAS for the purpose of the safe operation of sUAS to enhance the safety 

of the National Airspace System (NAS) as well as for the protection of the 

persons and property. 

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

sUAS under controlled conditions in the 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 91.10314 CFR 91.10914 CFR 91.119(c) 14 CFR 

91.121 

14 CFR 91.151 14 CFR 91.203 14 CFR 91.405 14 CFR 91.407 14 CFR 91.409 14 

CFR 91.417 

(a)(a) & (b) (a)(a) (1) (a) (2) (a) & (b) 

The sUAS’s I will be using are multi-rotor craft weighing no more than 55lbs. 

including payload. Under normal conditions they operate at speeds of no more 
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than 35 Mph or 30 Knots and have the ability hover and move along a vertical and 

horizontal plane simultaneously. They will operate in line of sight only and by the 

exempted person only obeying all other local and federal laws. 

Given the small size of the sUAS and the controlled environment provided the 

proposed operations will adhere to the Reform Act’s safety requirements. The 

approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption 

with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or property 

using conventional aircraft.These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include: 

1. The sUAS 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 25 minutes. Flights 

will be terminated at 25% battery power reserve or 25 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 sUAS Pilot and the 

Visual Observer (VO) 

6. sUAS pilot will be an FAA licensed airman with at least a recreational 

pilot’s certificate and a valid state drivers license.

7. A briefing will be performed regarding the planned sUAS operations prior 

to each day’s flight consisting of all the days’ production activities. 

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

the planned operation and ensure that only consenting persons will be 
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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 sUAS and receive 

up-to-date information for the particular sUAS to be operated and will be 

able to show upon request their competent ability to operate the sUAS 

and/or Camera. 

10. The PIC and VO will be able to communicate by voice, radio, and/or text at

all times. 

11. Writtenand/orverbalpermissionandpermitswillbeobtainedfromterritorial,stat

e,countyorcity jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies when needed. 

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

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

location and land autonomously. 

13. The sUAS will have the capability to abort a flight in case of unpredicted

obstacles, weather, or emergencies. 

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 sUAS. In all cases, an analysis of these criteria demonstrates 

that the sUAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither 

a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 
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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 sUAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

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

The regulation requires: When marks include only the Roman capital letter "N" 

and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," as 

applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption may 

be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station 

on which the word “Experimental” can be placed. Given the size of the sUAS, 

two-inch lettering will be impossible. The word “Experimental” will be placed on 

the fuselage in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the sUAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the sUAS will see the 

identification of the sUAS as “Experimental.” 

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

Command. 

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

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. Our sUAS do not carry any pilots or passengers nor 

property therefore I am seeking an exemption to 14 CFR 61.113(a). Although 

helpful, a pilot’s license will not ensure remote control piloting skills. The risks 

attendant to the operation of sUAS is far less than the risk levels inherent in the

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

set forth in the FOM will equate to the safe operation of the sUAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 
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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 sUAS, given its size and configuration 

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

because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the 

pilot flying the sUAS will have immediate access to it. 

14 C.F.R. § 91.103: 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 PIC will take all 

actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight. 

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

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

manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls. sUAS and remotely piloted aircraft, by their 

design do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level 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 
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91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth 

herein, the sUAS will never operate at higher than 400 AGL with the exception 

that in circumstances where the sUAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the sUAS will not be operated more than 

100' above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their preobtained consent. The equivalent level of 

safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property 

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

aware 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 sUAS 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 

sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; 

or (2) At night, to fly after that for at least 45 minutes.” The battery powering the 

sUAS provides approximately 25 minutes of powered flight. To meet the 25 
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minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

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

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

a longer time frame for flight in daylight or twilight VFR conditions 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 sUAS flights to 10 

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

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

flights to 25 minutes or 25% of battery power— whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing 

zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification 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 sUAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS. 

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

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

to them, to the extent they are applicable to the sUAS. 

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

Inspections. 

These regulations require that an aircraft operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these section and Part 

43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant 
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to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If

mechanical issues arise the sUAS can land immediately and will be operating from 

no higher than 400 feet AGL. The operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep a 

log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the sUAS Manufacturer's 

Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in 

the FOM, the operator will ensure that the sUAS is in working order prior to 

initiating flight and perform required maintenance needed. 

sUAS Information 

sUAS’s to be used are as follows but not limited to providing they are within the 

scope of the exemption granted by the FAA: 

DJI Phantom 2 and 3

Inspire 1 Pro

See attached manuals for sUAS information

Conclusion The use of sUAS’s provide many benefits to the general public, such 

as: decreased noise pollution when near the public, Decreased air traffic 

congestion at airports and provides a more affordable and reasonable alternative to 

current options available to the consumer. As for safety, Small Unmanned Aerial 

Systems do not carry people or property so it provides less of a chance of injury in 

the case of an accident and because of the size and weight of manned aircraft the 

ground casualties can be far less or nonexistent in the case of a downed sUAS vs a 

manned aircraft. 

Thank you for the consideration of these exemptions. 

Sincerely,

Paul M. Slupski