February 18th, 2016

U. S. Department of Transportation

Docket Management System

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 61.113(a) and (b); 91.103; 

91.119(c); 91.121; 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Dear Sir or Madam:

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

Act”) and 14 C.F.R. Part 11, FlyinPhoto, LLC, an operator of Small Unmanned Aircraft 

for aerial image acquisition including but not limited to, the following industries: video, 

still photography, real estate, short range inspection, mapping & survey, agriculture, 

hereby applies for an exemption from the Federal Aviation Regulations to allow 

commercial operation of its small unmanned aircraft.

FlyinPhoto, LLC's requested exemption would permit the 

operation of small unmanned aircraft under controlled and secure conditions that is: (i) 

limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater 

safety in connection with aircraft operations. As established by the exemptions already 

granted by the FAA, approval of FlyinPhoto, LLC's exemption would 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 Reform Act.

The name and address of the applicant is:

FlyinPhoto, LLC

Ryan Dunham

Phone: 414-659-7926

Email: ryan@flyinphoto.com

Address: W159N9525 Cherokee Dr. Menomonee Falls, WI 53051
Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

Small unmanned aircraft operated by FlyinPhoto, LLC weigh less than 55 pounds, 

including the payload (i.e. camera, lens, and gimbal). They operate at 

speeds of no more than 50 knots, can hover, and can simultaneously move 

vertically and horizontally. FlyinPhoto, LLC will only operate its 

small unmanned aircraft in line of sight and will operate only within the secure area 

described in the FOPM. Such operations will insure that the small unmanned aircraft will 

“not create a hazard to users of the national airspace system or the public.”

Given the small size of FlyinPhoto, LLC's small unmanned aircraft and the 

restricted secure environment within which they will operate, FlyinPhoto, LLC's small 

unmanned aircraft operations adhere to the Reform Act’s safety requirements. 

Additionally, due to the size of the small unmanned aircraft, permission from relevant 

property owners or other applicable parties, and the limited areas in which they will 

operate, approval of this application presents no national security issues. Based on the 

substantial level of safety surrounding the proposed operations, and the significant 

public benefit (enhanced safety), reduction in environmental impacts (reduced 

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

Accordingly, FlyinPhoto, LLC respectfully requests that the FAA grant the 

requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by FlyinPhoto, LLC provide for 

at least an equivalent or higher level of safety because operations further 

enhance safety of aerial image collection using conventional aircraft.

The limitations and conditions include:

• The small unmanned aircraft will weigh less than 55 pounds. Typically under 6 

pounds.

• Flights will be operated within line of sight of a pilot and/or observer. 
• Maximum flight time for each operational flight will be no more than 30 

minutes. Flights will be terminated at no less than 25% battery power 

reserve should that occur prior to the 30 minute limit. 

• Flights will be operated at an altitude below 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is 

planned. 

• Minimum crew for each operation will consist of the small unmanned aircraft Pilot and

the Visual Observer.

• The small unmanned aircraft will only operate within a confined secure area as defined 

in the FOPM. 

• A briefing will be conducted for planned small unmanned aircraft operations prior to 

each day’s flight. All personnel performing duties within the boundaries of 

the safety perimeter are required to attend. 

• The operator will obtain consent of all persons involved in the filming 

and ensure that only consenting persons will be allowed within 500 

feet of the flight operation.

• The Pilot and observer must be trained in small unmanned aircraft operations and

have received current information on the particular small unmanned aircraft to be 

operated as required by the FOPM. 

• The Observer and pilot will be able to communicate by voice at all times. 

• Written and/or oral permission from the relevant property holders will 

be obtained prior to flight operations. 

• All appropriate permissions and permits will be obtained from 

territorial, state, county, or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies.

• If the small unmanned aircraft loses communications or loses its GPS signal, the small 

unmanned aircraft will have the capability to return to a pre-determined location within 

the secure perimeter and land. 

• The small unmanned aircraft will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

14 C.F.R. §91.119(c): Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section 91.119 provides, in pertinent part, that:

“except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes: 

(c) Over other than congested areas. An altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure.”

Because FlyinPhoto, LLC requests authority to operate at altitudes no higher than 400 

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

an exemption is needed to allow such operations. Except for the limited conditions 

stated in the FOPM, the small unmanned aircraft will never operate higher than 400 

AGL. It will, however, be operated in a restricted area within a 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, and speed of the 

small unmanned aircraft as well as the location where it is operated. No flight will be 

taken without the permission of property owners or local officials. Because of the 

advance notice to the property owners and participants in the filming activity, all affected 

individuals will be informed of the planned flight operations. Compared to flight 

operations for manned aircraft and the lack of flammable fuel, any risk associated with 

the proposed small unmanned aircraft operations is far less than conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude operations of the small 

unmanned aircraft will ensure separation between a small unmanned aircraft and 

conventional aircraft.

14 C.F.R. §91.121: Altimeter Settings

Section 91.121 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 a small unmanned aircraft

may not have a barometric altimeter, but instead a GPS altitude data, an exemption is 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the 

FOPM and Safety Check list, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight.

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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to FlyinPhoto, LLC operations. Maintenance will 

be accomplished by the operator. An equivalent level of safety will be achieved because 

the small unmanned aircraft are limited in size, will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise, the small 

unmanned aircraft can land immediately and will be operating from no higher than 400 

feet AGL. As provided in the FOPM, the operator will ensure that the small unmanned 

aircraft is in working order prior to flight, perform any required maintenance, and keep a 

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

with the small unmanned aircraft and best suited to maintain it in an airworthy condition.

Summary for Publication

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:

FlyinPhoto, LLC seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) and (b) to operate commercially a small unmanned vehicle 

(55 pounds or less) in commercial image acquisition operations. As established by the 

small unmanned aircraft exemptions already granted by the FAA, allowing commercial 

operations of small unmanned aircraft in agriculture, real estate, inspection, S & R, and 

film industries will enhance safety by reducing risk. Conventional survey, agricultural, 

mapping, inspection, and film operations, using turbine aircraft, operate at low altitudes 

and present the risks associated with aircraft that weigh around 4,000 pounds, and 

which carry large amounts of Jet A fuel. Such aircraft must also fly to and from the 

target location. In contrast, a small unmanned aircraft weighing fewer than 55 pounds 

and powered by batteries eliminates virtually all of that risk given the small size and lack 

of combustible fuel. The small unmanned aircraft is carried, and not flown, to target site. 

In this regard, the small unmanned aircraft carries no passengers or crew and, 

therefore, will not expose them to the risks associated with manned flights.

The operation of small unmanned aircraft conducted in the strict conditions outlined in 

the FOPM will provide an equivalent level of safety supporting the grant of the

exemption requested herein. The small unmanned aircraft operate at slow speeds, 

close to the ground, and in a secure environment. As a result, they are far safer than 
conventional operations conducted with turbine helicopters flying near the ground and 

people.

Privacy

All flights will occur over private or controlled access areas with the property owner’s 

prior consent and knowledge. Recognizable images will only be recorded of people who 

have given their consent or otherwise have agreed to be in the area where active image 

acquisition will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 

(size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security) provide more than 

adequate justification to grant FlyinPhoto, LLC’s requested exemption, allowing for 

FlyinPhoto, LLC's small unmanned aircraft commercial operations for the listed 

industries pursuant to the included FOPM.

If you have any questions or need any additional information, please 

contact the undersigned by phone at 414-659-7926 or via email at 

Ryan@FlyinPhoto.com.

Sincerely,

Ryan Dunham

Owner

FlyinPhoto, LLC