1

Donald M Roman Jr.

330.605.9580

droman556@att.net

January 9, 2015

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 

45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & 

(b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, TacticalMOA LLC, 

dba North East UAV, operators of Small Unmanned Aircraft Systems (“UAS”) equipped to conduct aerial imagery operations for 

commercial, public, private entities, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its UASs, so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive 

UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide 

safety enhancements to the already safe operations in the aerial imaging industry 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.” Section 333(c) of the 

Reform Act. 

The name and address of the applicant is: 

TacticalMOA LLC, dba North East UAV

Attn: Donald M Roman Jr.

Phone: 330.605.9580

Email: droman556@att.net

Address: 148 North Portage St, Doylestown, Ohio 44230 

Regulations from which the exemption is requested: 

□ 14 CFR Part 21 

□ 14 C.F.R. 45.23(b) 

□ 14 CFR 61.113 (a) & (b) 

□ 14 C.F.R. 91.7 (a) 

□ 14 CFR 91.9 (b) (2) 

□ 14 C.F.R. 91.103 

□ 14 C.F.R. 91.109 

□ 14 C.F. R. 91.119 

□ 14 C.F.R. 91.121 

□ 14 CFR 91.151 (a) 

□ 14 CFR 91.203 (a) & (b) 

□ 14 CFR 91.405 (a) 

□ 14 CFR 407 (a) (1) 

□ 14 CFR 409 (a) (2) 

□ 14 CFR 417 (a) & (b) 
2

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. 

This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the 

national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UAS do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: 

□ The UAS size, weight, speed, and operational capability; 

□ Operation of the UAS in close proximity to airports and populated areas; and 

□ Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis 

added)2. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes 

exempting civil aircraft, as the term is defined under §40101 of the Act, that includes UAS, from the requirement that all civil aircraft 

must have a current airworthiness certificate.

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined 

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

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section 

or any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 

49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

North East UAV’s UAS are muti-rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a 

speed of no more than 45 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They 

will operate only in line of sight and will operate only within the sterile area described in the North East UAV Operations Manual, 

attached as Exhibit 1 ( heinafter: NEUAV Operations Manual”)3. Such operations will insure that the UAS will “not create a hazard to 

users of the national airspace system or the public.” 

Given the small size of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls 

squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of UAS to commence immediately. Also due to the size of the UAS and the restricted areas in which the 

relevant UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of 

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding 

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

including reduced emissions associated with allowing UAS for movie and television operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay. 
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AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate 

with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial 

imaging operations conducted with conventional aircraft. 

These limitations and conditions to which North East UAV agrees to be bound when conducting commercial operations under an 

FAA issued exemption include: 

Reform Act Section 333 (b). ADD TO THIS

1) The UAS will weigh less than 55 lbs. 

2) Flights will be operated within line of sight of a pilot and/or observer. 

3) Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power 

reserve should that occur prior to the 30 minute limit. 

4) Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform 

from which aerial imaging is planned. 

5) Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer, and the Camera Operator. 

6) UAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third class medical. The observer will 

hold at least a third class medical. 

7) UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the UAS Pilot, who possess the necessary PIC 

qualifications, is also present on set (i.e. the Aerial Coordinator), that person can also be designated as PIC. 

8) The UAS will only operate within a confined “Sterile Area” as defined in the NEUAV Operations Manual Section I I of the 

NEUAV Operations Manual requires the establishment of a “Security Perimeter” for the flight operations area. 

9) A briefing will be conducted in regard to the planned UAS operations prior to each aerial activity. It will be mandatory that 

all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 

10) The operator will obtain the consent of all persons involved in the aerial imaging activities and ensure that only consenting 

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required by Section II of the NEUAV Operations Manual. With the advanced 

permission of the relevant DFO, operations at closer range can be approved. 

11) The DFO will prepare a written Plan of Activities three days before the proposed operations as required in Section I of the 

Manual. 

12) Pilot and observer will have been trained in operation of UAS generally and received up-to-date information on the 

particular UAS to be operated as required Sections II through V of the NEUAV Operations Manual. 

13) Observer and pilot will at all times be able to communicate by voice and/or text. 

14) Written and/or oral permission from the relevant property holders will be obtained. 

15) All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies. 

16) If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location 

within the Security Perimeter and land. 

17) The UAS will have the capability to abort a flight in case of unpredicted obstacles 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 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 
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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 area as set out in the Manual. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the NEUAV

Operations Manual 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 aerial imaging operations. The FAA will have advance notice of 

all operations. These safety enhancements, which already apply to civil aircraft operated in connection with aerial imaging 

operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

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

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the 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). 

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.” The FAA has issued the following 

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

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC (PILOT IN COMMAND)

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the 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 UAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as 

requested with a private pilot as the PIC (PILOT IN COMMAND) exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) 

& (b). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no 

airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft and the requirements contained in the NEUAV Operations Manual for 

maintenance and use of safety check lists prior to each flight, as set forth in Sections II,III & V, 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 ... 
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(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. 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. 

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 Sections I through V of the NEUAV Operations Manual. The PIC (PILOT IN COMMAND) 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. 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. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided 

by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less 

than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a muti-rotorcraft and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which activities may be planned, an exemption may 

be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never 

operate at higher than 400 AGL. It will however be operated in a pre-designated area with a defined 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, 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 aerial activity, all affected individuals will be aware of the planned flight operations as set forth in 

Section II of the NEUAV Operations Manual. 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 UAS

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 UAS 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 NEUAV Operations Manual Section III and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 
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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 UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 

14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS proposed 

flight area(s) and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or 

night VFR conditions is reasonable. 

Applicant 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 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 UAS flights to 10 minutes would negate the utility for which the exemption will 

be granted. 

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. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

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

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: 

(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 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 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. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 

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

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced 

in the NEUAV Operations Manual.(See Sections V) An equivalent level of safety will be achieved because these small UAS 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 UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator 

will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 
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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. 

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: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (55lbs or less) in aerial imaging operations.

Approval of exemptions allowing commercial operations of UAS for North East UAV will enhance safety by reducing risk. 

Conventional aerial operations, using jet or piston power aircraft operate at extremely low altitudes just feet from the subject(s)

being viewed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 2,000lbs. to 4,000lbs., carrying large amounts of jet A or other fuels. Such aircraft must fly to and from the 

designated location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given 

the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the designated location and not flown. The 

UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small UAS, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent 

level of safety supporting the grant of the exemptions requested herein, including exempting the applicant 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 with turbine helicopters operating in close 

proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Aerial 

imaging will be of people who have also consented to being filmed or otherwise having agreed to be in the area where aerial 

imaging will take place. 

Set forth below are PIC (Pilot In Command) Pictures of aerial imaging/operations conducted in both day and night environment, as 

flown today in highly populated and/or urban areas, with turbine/piston powered aircraft. The grant of this exemption request will 

provide improved safety in both day and night operations.

 
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Night operations will also be conducted by UAS and such operations will be fully lighted so that visibility is as though imaging was 

conducted during daylight hours. 

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 aerial imaging 

industry pursuant to the NEUAV Operation Manual appended hereto. 

Sincerely, 

Donald M. Roman Jr.

Donald M. Roman Jr.

TacticalMOA LLC, dba North East UAV

Attachments:

PIC (PILOT IN COMMAND) Credential

North East UAV Operations Manual
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Appendix – A PIC (PILOT IN COMMAND) Credentials

 20+ Years as a Private Pilot with Current Class III Medical

 Owner Operator of Experimental and Certified Aircraft.

 30 Years’ experience building & flying Remote Control Aircraft (Fixed Wing, Rotary and Multi-Rotor)