HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 1 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC. 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

HOLY CITY AERIAL PHOTOS LLC,

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21 

SECTIONS; §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) 

and (b). 

CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM 

PURSUANT TO SECTION 333 OF THE 

FAA MODERNIZATION AND REFORM ACT OF 2012 

Holy City Aerial Photos LLC. 

Joshua G. Fugle (Pro Se.) 

3067 Sugarberry Ln

Johns Island, SC 29455

Tel: (843) 209-8695

Email: jgfugle@gmail.com 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 2 

TABLE OF CONTENTS 

 Page 

GLOSSARY OF ABBREVIATIONS ...........................................................................3

SUMMARY ...................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER ............................................4 

BACKGROUND ............................................................................................................5

BASIS FOR PETITION .................................................................................................7

NAME AND ADDRESS OF PETITIONER ......................................................7

SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HOLY CITY AERIAL PHOTOS

SEEKS EXEMPTION.............................................................8

THE EXTENT OF RELIEF HOLY HCAP SEEKS AND THE REASON

HCAP, SEEKS RELIEF & REASONS WHY GRANTING HCAP, THE EXEMPTION

REQUEST WOULD BE IN THE PUBLIC INTEREST .................................14

NOT ADVERSELY AFFECT SAFETY ................................................16 

FLIGHT OPERATIONS...................................................................18

CONCLUSION ...............................................................................................................21
HOLY CITY AERIAL PHOTOS SECTION 333 Page 3 

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

ATC Air Traffic Control 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

NAS National Airspace System 

Section 333 FAA Modernization and Reform Act of 2012, Section 333 

SMS Safety Management System 

UAV Unmanned Aircraft System 

VFR Visual Flight Rules 

VMC Visual Meteorological Conditions 

VTOL Vertical Take Off and Landing 
HOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 4 

SUMMARY 

HOLY CITY AERIAL PHOTOS LLC., seeks exemption from the requirements of 14 

C.F.R. §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as 

well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 

21.185, including the requirement to have a certificate of airworthiness as contemplated by 14 

C.F.R. Part 21. 

This exemption will permit HOLY CITY AERIAL PHOTO LLC. to operate its various 

Unmanned Aircraft Vehicles (“UAV”) at or above wind power generation facilities, onshore oil 

& gas facilities, onshore pipelines and other remote/uninhabited locations, while keeping the 

documents required by the regulations at the ground control station and immediately accessible 

to the pilot in command. Furthermore, the exemption will relieve HOLY CITY AERIAL 

PHOTO, LLC. from the airworthiness certificate standards and the requirement to have a 

certificate of airworthiness issued for its UAV. This exemption will also permit any required 

markings concerning the operational status of its UAV to be displayed on the main section of 

the unmanned aircraft. 

INTRODUCTION AND INTERESTS OF THE PETITIONER 

HOLY CITY AERIAL PHOTOS, LLC. (Hereinafter referred to as “HCAP”) is a 1 year 

old wind aerial and traditional photography firm with a long and well-recognized history in 

commerical photography operations. HCAP employees extensive experience in utilizing multirotor Vertical Take Off and Landing Unmanned Aerial Vehicles, (VTOL) (UAV’s), for the 

purpose of making highly accurate aerial inspections of residential and commerical real estate 

properties.

HCAP plans to operate a variety of VTOL aircraft for real estate aerial inspections and 

will continue to acquire additional UAV’s all under 55 lbs in weight. As set forth in this 

Petition, HCAP seeks to operate its UAV’s for the purpose of aerial photography of its legacy 

traditional photography customers and to expand to support the growth of new customers in the 

the United States. HCAP plans to do this with a continued focus on safety and the highest 

standards of quality, maintenance and reliability. 
HOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 5 

BACKGROUND 

Unmanned Aircraft Vehicle: DJI PHANTOM II UAV 

HCAP seeks an exemption to operate its existing DJI PHANTOM II UAV, for 

compensation or hire within the national airspace system (“NAS”). 

The DJI PHANTOM II UAV is comprised of a VTOL unmanned aircraft and a 

transportable ground station. The DJI PHANTOM II UAV has a maximum gross weight of 

approximately one (1) pound and the following technical and operational specifications: 

Weight (Battery & Propellers included)-1030g

Hover Accuracy (Ready to Fly)-Vertical: 0.8m; Horizontal: 2.5m 

Max Yaw Angular Velocity-200°/s 

Max Tilt Angle-35° 

Max Ascent / Descent Speed-Ascent: 6m/s; Descent: 2m/s 

Max Flight Speed-15m/s 

Diagonal Length-350mm 

Power Consumption-5.6W 

Flight Time-25mins 

Take-off Weight-≤1300g

Operating Temperature--10°C ~ 50°C 

Supported Battery-DJI Intelligent Battery 

Type-3S LiPo 

Capacity-5200mAh, 11.1V 

Charging Environment Range-0°C to 40°C

Discharging Environment Range--20°C to 50°C

Operating Frequency-2.4GHz ISM 

Communication Distance (open area)-1000m 

Receiver Sensitivity (1%PER)--97dBm 

Working Current/Voltage-100 mA@6V 

Battery-4 AA Batteries 

The DJI PHANTOM II unmanned aircraft is equipped with four (4) propellers driven by 
HOLY CITY DRONE PHOTOS SECTION 333 PETITION Page 6 

Four (4) Lithium Polymer battery powered electric motors. 

FIGURE 1: VENTUS’s DJI PHANTOM II with GoPro Hero 3 Camera System 

1HCAP will submit an Aircraft Registration Application for each UAV upon the grant of the 

exemptions sought by this Petition. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 7

Proven Operational History of: DJI PHANTOM II:

The DJI PHANTOM II is currently operating safely within the NAS. HCAP has been 

operating UAV’s under 55lbs for the past year without any recorded incident, accident or 

failure. 

BASIS FOR PETITION 

Petitioner, HOLY CITY AERIAL PHOTOS, LLC., pursuant to the provisions of the 

Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act 

of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions 

the Administrator for an exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113(a) 

and (b), 91.7(a), 91.9(b) (2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 1.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)., as well as the restricted category 

airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement 

to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21. 

In accordance with 14 C.F.R. § 11.81, HCAP provides the following information in support of 

its petition for exemption: 

A) Name and Address Of The Petitioner.

The name and address of the Petitioner is: 

HOLY CITY AERIAL PHOTOS 

Mailing Address: 3067 Sugarberry Ln, Johns Island SC 29455

General Office: 3067 Sugarberry Ln, Johns Island SC 29455

The point of contact for this Petition and specific contact information is as follows: 

Joshua G. Fugle

HOLY CITY AERIAL PHOTOS

Mailing Address: 3067 Sugarberry Ln,, Johns Island SC 29455 

Tel: (843) 209-8695

Email: jgfugle@gmail.com
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 8

The Specific Sections of 14 C.F.R. From Which HCAP Seeks Exemption. 

1. 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 HCAP, 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 UAV. In all cases, an analysis of 

these criteria demonstrates that the UAV 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. 

All of the UAV’s to be operated hereunder are less than 55 lbs. fully loaded, carry neither a 

pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate 

exclusively within a secured area as set out in the HCAP Operations Manual. Unlike other civil 

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

operator, pursuant to the Manual’s requirements, and under the requirements and in compliance 

with local public safety requirements, to provide security for the area of operation as is now done 

with conventional inspections. The FAA will have advance notice of all operations. These safety 

enhancements, which already apply to civil aircraft operated in connection with power 

generation inspections, provide a greater degree of safety to the public and property owners then 

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 UAV’s, due to their size, speed of operation, 

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

a substantial external load. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 9

2. 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 UAV will have no airworthiness certificate, an exemption may be 

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

words "limited," "restricted," "light-sport," "experimental," or "provisional," can be placed. 

Given the size of the UAV, two-inch lettering will be impossible. The word "experimental," 

may be placed on one of the rotor arms of each UAV, in compliance with §45.29 (f). The 

equivalent level of safety will be provided by having the UAVs marked on their rotor arm as 

required by §45.29 (f) where the pilot, observer and others working with the UAV will see the 

identification of the UAV as "experimental,". 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 

10700, 8738, 10167 and 10167A. 

3. 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

UAVs 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 private 

pilot’s license rather than a commercial pilot’s license to operate these small UAVs. Unlike a 

conventional aircraft that carries the pilot and passengers, HCAP’s UAVs are 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 as set forth in the HCAP Operations Manual.

The level of safety provided by the requirements included in the Manual 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 UAVs are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when 
HOLY CITY AERIAL PHOTO SECTION 333 PETITION Page 10

drafted, that allowing operations of these UAVs 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). 

4. 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 in the Manual for maintenance and 

use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent 

level of safety will be provided. 

5. 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 UAVs, given their size and configuration have 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 UAV will have immediate access to it. The FAA 

has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 
HOLY CITY AERIAL PHOTO SECTION 333 PETITION Page 11

6. 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. An equivalent level of safety will be provided as set 

forth in the Manual. The PIC will take all actions including reviewing weather, flight battery 

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

flight. 

7. 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. 

UAVs 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. 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. 

8. 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 UAV that is a multi-rotor VTOL and the exemption requests 

authority to operate at altitudes up to 400 ft. AGL, or not more than 200 ft. above an elevated 

platform from which operations are planned, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions stated in the Manual, the UAV 

will never operate at higher than 400 ft. AGL. 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. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 12

The equivalent level of safety will be achieved given the size, weight, speed of the UAVs 

as well as the location where they will be 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 as set forth in the Manual. Compared to flight operations with aircraft 

or rotorcraft weighting far more than the maximum 55 lbs. 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 400 ft. AGL in the power generation 

industry. In addition, the low-altitude operations of the UAVs will ensure separation between 

these small UAV operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

9. 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 UAV 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. 

10. 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 batteries powering all of HCAP's UAV’s provide approximately 35 minutes of 

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

would be limited to approximately five (5) minutes in length. Given that this limitation 

would prohibit the flight of the UAV’s a longer time frame for flight in daylight or night 

VFR conditions is reasonable. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 13

HCAP 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 small UAV, 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 UAV. 

Additionally, limiting UAV flights to 5 minutes would greatly reduce the utility for 

which the exemption will be granted. 

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

25% of battery power. This restriction would be more than adequate to return the UAV’s to their

planned landing zone from anywhere in their limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

11. 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. 

All of HCAP's UAV’s fully loaded weigh no more than 55 lbs and are 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 UAV’s. 

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

control point where the pilot flying the UAV will have immediate access to them, to the extent 

they are applicable to the UAV. The FAA has issued numerous exemptions to this regulation. A 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 14

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

12. 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 HCAP. Maintenance will be accomplished by HCAP

pursuant to the flight manual and operating handbook as referenced in the Manual.(See Sections 

L and Q) An equivalent level of safety will be achieved because these small UAVs 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 UAV can land immediately and will be operating 

from no higher than 400 feet AGL. As provided in the Manual, HCAP will ensure that every 

UAV 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. 

13. The Extent Of Relief HCAP Seeks And The Reason HCAP Seeks Relief From 14

C.F.R. § 21.185.

HCAP seeks relief from the airworthiness certificate requirements of the Federal

Aviation Regulations and proposes to commercially operate the DJI PHANTOM II UAV

without an airworthiness certificate, for the special purpose of conducting aerial inspection 

services for its customers, pursuant to specific operating limitations and a Safety Management 

System (“SMS”). HCAP seeks relief from the airworthiness certificate requirements of 14 

C.F.R. § 21.185 to the extent that the DJI PHANTOM II UAV, which have not yet been type 

certificated by the FAA, may be operated as if they were a restricted category aircraft for a 

single, defined, special purpose operation (i.e., aerial inspection). 
HOLY CITY AERIAL PHOTOS 333 PETITION Page 15

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

333”), HCAP seeks relief from the airworthiness certificate requirements of the FAR because 

operation of the DJI PHANTOM II will not create a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security. Section 333 sets forth the requirements for 

considering whether a UAV will create a hazard to users of the NAS or the public or pose a 

threat to national security. Further, Section 333 provides the authority for such UAV to 

operate without airworthiness certification. 

Specifically, Section 333 states the following, in part: 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1set forth below, 

numerous factors, including the proven safe operational history of the DJI PHANTOM II

UAV in the NAS, as well as the specific parameters of HCAP's intended operation 

pursuant to this exemption, demonstrate that the DJI PHANTOM II UAV has in the past, 

and will continue in the future, to operate safely in the NAS without creating a hazard to 

other aircraft or people on the ground. Accordingly, the FAA may approve operation of 

the DJI PHANTOM II without an airworthiness certificate, by setting forth specific 

operating limitations to ensure a level of safety equivalent to what would be provided by 

airworthiness certification. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 16

********* 

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: 

HCAP seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); §§ 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); 91.407 (a) 

(1); 91.409 (a) (2); 91.409 (a) (2), 91.417 (a) & (b), as well as the restricted category 

airworthiness certification standards specified in 14 C.F.R. § 21.185 to operate 

commercially unmanned vehicle (55lbs or less) for aerial inspections. 

Approval of exemptions allowing commercial operations of UAVs in the power 

generation inspection industry will enhance safety by reducing risk. Conventional power aerial 

photography, using persons piloting aircraft and operating photography equipment are potential 

cause for pollution and potential injury. In contrast, a HCAP UAV weighing fewer than 55 lbs. 

and powered by batteries eliminates virtually all human risk to serious injury given that the PIC 

is on the ground. 

Every HCAP UAV is carried to the inspection site and not flown. The UAV’s will carry 

no passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights. The operation of small UAVs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an improved level of safety supporting the grant of the 

exemptions requested herein, including exempting the HCAP from the requirements of Part 21 

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

the ground, and in a sterile environment and, as a result, are far safer than conventional 

operations conducted by humans dangling from ropes. 

Reasons Why Granting HCAP’s Request Would Be In The Public Interest

Granting the present Petition will further the public interest by allowing HCAP to safely, 

efficiently, and economically perform aerial photography services of real estate and land 

developers. Additionally, use of the HCAP UAV’s will increase worker safety by reducing
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 17

human exposure to aviation dangers, increase the frequency of real estste inspections being 

performed thereby creating aeduction in costs associated with land development. Notably, the 

benefits of the proposed operation of the HCAP UAV will be realized without implicating any 

privacy issues. 

Figures 4 & 5: Photos of Current Rope Access Inspection Techniques 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 18

Privacy: 

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

prior consent and knowledge. Aerial inspections will be of power generation equipment, 

production facilities or buildings in remote or uninhabited areas. 

Set forth below are pictures of aerial inspections conducted in the day environment, as 

performed today using humans on ropes. The grant of this exemption request will provide 

improved safety in day operations. 

Flight Operations:

Flight Operations pursuant to the exemption sought would be limited to areas that are 

not in the proximity of airports or over populated areas. HCAP proposes to only conduct aerial

inspection flight operations over private land, in rural areas of the United States that are not near 

populated areas, airports, helipads, or state roads. 

Specifically, HCAP's proposed areas of aerial inspections include rural areas that are:

1. Not populated areas as depicted on VFR Sectional Aeronautical Charts;

2. Not within five (5) miles of any airport or helipad;

3. Not within one hundred (100) meters of state roads having more than two lanes; and

4. Not within fifty (50) meters of state roads having two lanes or less.

HCAP will operate all of its UAV’s by regulations such as the ICAO (International Civil

Aviation Organization) and the FAA’s own national airspace regulations. In order to increase 

flight safety and prevent accidental flights in restricted areas, all of HCAP's UAV’s will be

operated utilizing Category “A” No Fly Zone restrictions. 
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 19

Figure 4: Example of Category “A” No Fly Zone for HCAP
HOLY CITY AERIAL PHOTOS SECTION 333 PETITION Page 20

A buffer or exclusion zone for flight operations will also be implemented around state 

roads. Since the roads are represented geometrically as lines, the buffers result as a one hundred 

(100m) corridor around state roads with more than two lanes, and fifty (50) meters around state 

roads with two lanes or less. In summary, HCAP seeks to operate its UAV’s only over rural

areas, while maintaining safe distances from any populated areas, airports, helipads, or 

roadways. 

Operation Of HCAP’s UAV’s Will Be Conducted Pursuant To HCAPS's Operations

Manual (For UAS’s under 55 lbs).”

HCAP's Operations Manual will control operation UAV’s and will significantly

contribute to maintaining the level of safety contemplated by the airworthiness certificate 

requirements from which HCAP now seeks relief. Pursuant to the Operations Manual and 14

C.F.R. § 43.13, entitled Performance Rules (general), each person performing maintenance, 

alteration, or preventive maintenance on any of HCAP's UAV’s, motors, propellers, hardware,

guidance systems or appliances shall use the methods, techniques, and practices prescribed in 

the current manufacturer's maintenance manual or Instructions for Continued Airworthiness 

prepared by its manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. Each person shall use the tools, equipment, and test apparatus necessary to assure 

completion of the work in accordance with accepted industry practices. 

A copy of the Operations Manual is attached hereto as Exhibit A, and is to be held in a 

separate file pursuant to 14 C.F.R. § 11.35(b).3 

Flight Operations Of HCAP's UAV’s Are Limited To Line Of Sight Of The PIC

WithA Safety Observer. 

HCAP will only utilize PIC’s with a valid Recreational or Private Pilot rating certificate

issued by the FAA for operation of all UAV’s and a Class III Medical Certificate or higher.

Additionally, all pilots will be assisted by a safety observer. The pilot in command and safety 

observer must meet the requirements as set forth by the Operations Manual adopted by HCAP

for flight operations of the UAV’s. 
HOLY CITY AERIAL PHOTOS 333 PETITION Page 21

CONLUSION: 

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 for the 

grant of the requested exemptions allowing commercial operation of applicant’s UAS in the

power generation industry pursuant to the Manual appended hereto. 

_____________________________ 

Joshua G. Fugle (Pro Se.)

3067 Sugarberry Ln

Johns Island, SC 29455

Tel: (843) 209-8695

Email: jgfugle@gmail.com
Appendix A

DJI PHANTOM II

Operator Manual 

URL Below 

 http://www.dji.com/product/phantom-2/download
Appendix B

Airspace 

Example
HOLY CITY AERIAL PHOTOS

Airspace Example* 

*This example is intended as a theoretical sample only and does not identify all hazards and risks but

rather points out a select few that may be considered before a UAS flight is considered. Educational 

purposes only. Do not use for navigation.

Identifier Consideration

Fossil Power Generation Facility-- Use to Identify exact location for NOTAM

 Victor Airway 234----------- Be aware of aircraft on Victory Airway 234

Transition Area---------- Be aware of aircraft on long final for RWY18

 Public Airport KSAR----- Notify Airport/Distance >5sm

DO NOT USE FOR NAVIGATION
Appendix C

HOLY CITY AERIAL PHOTOS

Personal Protocols and Controls
Protocols and Controls

HOLY CITY AERIAL PHOTOS

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. As such, safety protocols and controls must be 

implemented through pre-flight preparation and during flight. 

Pre-Flight Protocol:

Obtain any NOTAMs, TFR's, etc before flight. 

Check batteries with Battery Management System to insure fully charge.

Inspect batteries for damage or leakage that may affect proper operation.

Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or 

unmanageable/uncontrolled flight. 

Consult Sectional Charts to identify airspace and location.

Obtain a weather briefing for the flight area. 

o Contact any local airports to advise of estimated flight time, estimated flight duration,

estimated elevation of flight in addition to filing for a NOTAM.

Inspect flight area for 

o vicinity of public safety helipads/heliports

o vicinity of medical helipads/heliports

o vicinity of light poles

o vicinity or utility wires

o vicinity of trees

o flocks of birds that may cause interference and potential flight impact

o vicinity of any elevated obstructions that may pose potential flight hazard

o vicinity of roadways with moderate to heavy traffic that can be distracted

o public gatherings that may attract viewers

o optional point of control for best visual site of UAS while in flight

Takeoff and landing

o inspect area for best and safest point of takeoff and landing

o Erect a barricade that is consistent with plant site restricted space and post signage.

Flight Protocol:

takeoff and land from same location 

remain alert to birds, sound or aircraft, curious public, and approaching vehicles

do not allow anyone to engage in conversation or distract the remote control pilot 

restrict flight to minimal elevation sufficient to acquire desired results 

remained prepared for emergency landing at all times

pay attention to flight time 

o Programmed alarm on the pilot's remote and UAS will signal battery levels

land UAS and shut down propulsion immediately following landing
Protocols and Controls

HOLY CITY AERIAL PHOTOS

Post flight:

a. disconnect battery to prevent accidental activation of propulsion system

b. secure UAS in a safe location

c. remove all barricades and signage in accordance with plant site procedures

Emergency or Suspected Hazard:

Immediate land UAS at safest and closet ground location in the event

o manned aircraft is heard or seen in vicinity of flight

o there is a public gathering within established safety boundary wanting to observe flight

o pilot is being distracted from focusing on flight and safety

o sudden change in weather

o sudden increase in vehicular traffic in vicinity of flight

o birds enter into proximity of flight

o any sudden unsafe event that can cause collision, distraction or interruption of control
Appendix E

HOLY CITY 

AERIAL PHOTOS

Safety/Flight Manual
Safety Flight Manual

Fossil and Renewable Power Generation Facilities

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography 

inspections. Maintaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative.

Date: Location:

Pre-flight Inspection: Yes No Comment: 

Elements (circle) (circle) Comment

Ceilings Go No Go

Visibility Go No Go

Wind Speed Go No Go

Proximity to airport: (see attached map pinpointing approximate location of flight) 

Airport notified Yes No Date: Time: 

Phone Number: Contact Name: 

Nearest major structure: 

Proximity to medium traffic road: 

Proximity to heavily traveled roadway road:

Proximity to congested population: 

Approx. Takeoff Time

Approx. Landing Time

Estimated Elevation

Safety Concerns:

Additional Comments:

Unedited flight video/photos available for FAA upon written request within 180 days of flight: Yes No