US Department of Transportation Exemption Request Pursuant to Section 333 of 

the FAA 

Reform Act and Part 11 of the Federal Aviation 

October 16, 2015

Tom Spurlock

UpFront SEO

5400 Via Mariposa

Yorba Linda, CA 92887

tom@upfrontseo.com

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 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and 

(b); 14 CFR

91.7(a); 14 CFR91.9(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) 

The exemption is in the public interest. pursuant to the authority contained in 49 U.S.C. 

106(f), 40113, and 44701, 

Dear Sir or Madam: 

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

"Reform Act") and 14 CFR Part 11 of Unmanned Aircraft Systems (UAS), Tom 

Spurlock hereby applies for ·an exemption from the listed Federal Aviation 

Regulations ("FARs") to allow commercial operation of
Designated UAS, provided such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

Thank you in advance for your consideration. 

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would provide professional services in the following 

areas:

1. Real Estate

2. Video/ Photography of Land

3. Commercial Buildings

4. Construction Sites

5. Towers

6. Bridges and Roads

7. Transportation as in Cars, Trains, Motorcycles, Bicycles

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

designated UAS as set forth in this document under controlled conditions in the 

NAS that would be a) limited b) controlled c) predetermined and d) safe. Approval 

of this exemption would increase public awareness of UAS operations and 

enhance safety to aid in fulfilling 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." 

The name and address of the applicant is

Tom Spurlock

UpFront SEO

5400 Via Mariposa

Yorba Linda, CA 92887

tom@upfrontseo.com

From which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 

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)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a):

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to 

VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see 

Docket No. FAA−2014−0642), and 12645 to Allied Drones (see Docket No. FAA-2014-

0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the 

specifications described by the petitioner and carrying no passengers or crew, rather than 

a manned aircraft of significantly greater proportions, carrying crew in addition to 

flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this 

exemption is in the public interest. 

Tom Spurlock Will operate one or more of the Following model UAS

DJI Phantom 3, Yuneec Q500+

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 graciously requests 

that the FAA grant the requested exemption.

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 UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds 

with battery and camera.
2. The UAS, depending on the model in operation, will have a maximum 

operating speed of

no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) 

and/or Visual Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS 

model in operation, but will not exceed 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time whichever occurs first.

5. 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. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one 

Visual Observer (VO), and may include a third, but separate, Camera Operator 

(CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have 

logged a minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day's flights consisting of all 

the days' 

Production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions 

(VMC) only. 

11. The flights will occur in Class G airspace no closer than a mile radius of the 

geographic center/Airport Reference Point (ARP) of a tower controlled or 

uncontrolled airport. 

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each 

flight.
14. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

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

upon an equivalent level of safety determination, as U.S. Department of 

Transportation required under the FOM. With the advanced permission of the 

FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to 

date

information for the particular UAS to be operated.

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

times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS 

signal, the UAS

will have the capability to return to a predetermined

location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with 

an

automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles,

weather, or emergencies such as low battery.

21. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's 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.
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 Section333 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 UAS. 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 

UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

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

operates exclusively within a secured and designated area. Unlike other civil 

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

by both the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree 

of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart 

H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the 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, cockp it, 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.

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 UAS will 

have no airworthiness certificate, an exemption may be needed as the UAS will 
have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UAS, two inch lettering will 

be impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). US Department of Transportation February 20, 2015 

The equivalent level of safety will be provided by having the UAS marked on its 

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

with the UAS will see the identification of the UAS as "Experimental." 14 C.F.R. § 

61.113 (a) and (b The proposed UAS operations may achieve an equivalent level 

of safety as achieved by current Regulations because the applicant's UAS do not 

carry any pilots or passengers nor property. The risks attendant to the It is 

believed that the operation and limitations set forth in the FOM will equate to the 

safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no 

person may operate a civil aircraft unless it is in airworthy condition. As there will 

be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety checklists prior to 

each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): 

Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2) provides: No 

person may operate a U.S. registered civil aircraft ... (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is 

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item on the aircraft. The 

equivalent level of safety will be maintained by keeping the flight manual at the

ground control point where the pilot flying the UAS will have immediate access to 

it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in 

command to take certain actions before flight to insure the safety of flight. As 

FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions as stated in the FOM in 

Section 4 under Normal Procedures including but not limited to 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. UAS and 

remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of 

safety is provided by the fact that neither a pilot nor passengers will be carried in 

the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe 

altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by 

the FAA. As this exemption is for a UAS that is a helicopter and the exemption 

requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate 

at higher than 400 AGL with the exception that in circumstances where the UAS 

is used to survey or photograph a structure whose height exceeds 400 feet AGL, 

the UAS will not be operated more than 200 feet above the highest point on the 

structure. It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their pre 

obtained consent. The equivalent level of safety will be achieved

given the size, weight, and 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, 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 SSibs. 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 UAS will ensure separation between 

these 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 UAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an U.S. 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 applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed 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. The applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% 

of battery power- whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its 

limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration The regulation provides in pertinent part: (a) Except as provided in§ 

91.715, no person may operate a civil aircraft unless it has within it the following: 

(1) An appropriate and current airworthiness certificate . . . . (b) No person may 

operate a civil aircraft unless the airworthiness certificate required by paragraph 

(a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or 

crew. The UAS fully loaded weighs well under the proposed 551b limit 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 UAS. An 

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

ground control point where the pilot flying the UAS will have immediate access to 

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

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

Inspections. These regulations require that an aircraft operator or owner "shall 

have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...," and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that 

these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the applicant. Maintenance will be accomplished 

by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size 
and will carry a small payload and operate only in restricted areas for a limited 

period of time. If mechanical issues arise the UAS can land immediately and will 

be operating from no higher than 400 feet AGL. The operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of 

safety will be achieved because maintenance and inspections will be performed 

in accordance with the 

UAS Manufacturer's User Manual. As provided in the FOM, and a link on last 

page, the operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed. 

Additional Information.

The applicant Tom Spurlock believes this exemption request and associated 

safety considerations adequately satisfy criteria provided in Section 333 of the 

Reform Act of 2012, providing sufficient justification for the granting of 

commercial operations of the applicant's UAS.

The applicant Tom Spurlock requests your respective approval of this Section 

333 exemption petition request.

Thank you for your attention in this matter. Please notify Tom Spurlock of your 

actions, and or approvals. Thank you, for your interest in this request.

Sincerely, 

Tom Spurlock

Manual	Link	:	

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