U.S. Department of Transportation 

Docket Operations 

W12-140 1200 New Jersey Ave., 

Washington DC 20590 

January 1, 2016 

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform act 

of 2012, 49 U.S.C. 44701(f), and part 11 of the Federal Aviation Regulations. 

Applicant Information 

The name of applicant: Martin R. Finco 

Primary contact for this application is: 

Martin R. Finco 

Adventure Aerial UA productions 

20516 Main Street 

Carey, Idaho 83320 

Am210@msn.com 

530-249-0085 

Adventure Aerial UA Productions is a company formed under the state laws of Idaho and 

Martin R. Fin co is an Officer and Director of Adventure Aerial UA Productions 

Pursuant to section 333 of the FMRA, Adventure Aerial UA Productions hereby requests a 

determination by the Secretary of Transportation authorizing commercial operations of UAS for 

the purposes of Aerial photography and videography, Mapping, power line surveillance, 

agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, 

real estate inspections, commercial videos and other work related to aerial photography in the 

NAS. 

Adventure Aerial UA Productions does not intend to use UAS for closed set filming. Flight 

operations will utilize the off the shelf family of unmanned aircraft such as but not limited to: 

DJI, Lily, Turbo ace Matrix, Parrot. Conduct of UA operations will be with respect to FMRA 

section 333© and UAS 

"Blanket" COA 
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Exemption is necessary to effect the determination requested pursuant to FMRA 333. 

The attached documentation includes detailed exemption requests that demonstrate how 

these exemptions are in the public interest and will maintain at least an equal level of safety to 

existing regulations. Authorizing Adventure Aerial UA Productions to conduct commercial UAS 

operations will result in less disruptive, safer, and more cost effective solutions than manned 

aviation equivalents due to the low altitude environment, given the size, speed and inherent 

risk of traditional commercial helicopter operations. These commercial operations often occur 

in the unsafe areas of the height- velocity envelope requiring special precision and skill. 

Adventure Aerial UA Productions will conduct the commercial UAS operation in a manner that 

will meet and in many cases exceed the current level of safety of commercial helicopter 

operations. UA that are less than 10 pounds, Have a low noise signature, and carry no volatile 

fuel, Will limit collateral damage in the event of catastrophic failure. The low expense of 

operation compared to cost prohibited manned aviation alternatives allow a greater economic 

benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is 

in the public interest. UAS technology used for these commercial purposes benefit the public 

interest in the following ways: 

- Reduces the collateral damage risks to life and property associated with low altitude 

helicopter operations in undesirable portions of the high-velocity envelope. 

- Increased economic wellbeing to local businesses via cost reductions. 

- Enabling aerial business solutions to be available to a larger market. 
Page 3 of 10 

Table of contents 

I. Exemptions requested 

II. Commercial operations/operator 

Ill. Unmanned Aircraft System (UAS) 

IV. UAS Pilot in Command (PIC) 

V. Public Interest 

VI. Summery 

Exemptions Requested 

Pursuant to 14C.F.R. Part 21 11.81 Adventure Aerial UA Productions requests 

exemption from the following regulations: 

15 C.F.R. Part 21 Subpart H- Airworthiness certificates Establishes: 

The procedural requirements for the issuance of airworthiness certificates as 

required by 14C.F.R. 91.203(a)(1) 

Given the small size of the UA and the safeguards that will be taken as outlined below, 

an exemption for part 21 subpart H meets the requirements of an equivalent level of safety 

under part 11 and section 333 of the FMRA with consideration "of size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS." 

14 C.F.R. 45.239b)- Aircraft marking and Identification Requirements 

When marks include only Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light sport category aircraft or experimental of 

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. Adventure Aerial UA Productions will insure compliance with 

45.29(f) to meet the intent of the regulation by displaying the registration number in the 

largest practicable lettering. 

14 C.F.R. 61.113(a) (b) and 61.133{a)(ii) and 61.101- Recreational, Private and Commercial 

Pilot Privilege and Limitations 

14 C.F.R. 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person 

who holds a private pilot certificate may act as pilot in command of an aircraft that is 
Page 4 of 10 

Carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. (b) A private pilot may not for compensation or hire, act as 

pilot of command of an aircraft in connection with any business or employment. 

14 C.F.R 61.133; (a) Privileges (1) General. A person who holds a commercial pilot certificate may act 

a pilot in command of an aircraft-(ii) For compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this chapter that apply to the operation. 

14C.F.R. 61.101: (a) A person who holds a recreational pilot certificate may not act as pilot in 

command of an aircraft: For compensation or hire, or in furtherance of a business. ( UA operations will 

employ a PIC who hold at a minimum, a recreational or sport pilot certificate of any category or class 

and a valid Driver's license.) 

14C.F.R 91.7{a) Civil Aircraft Airworthiness 

No person may operate a civil aircraft unless it is in an airworthy condition. 

(The PIC will conduct daily pre and post flight inspections in accordance with manufacturer's 

maintenance manual(s) and guidance. During flight, the PIC will adhere to 91.7{b) and abort air 

operations immediately upon identification of an inflight emergency or other unsafe condition. By 

complying with procedures outlined by the manufacturer, an equivalent level of safety will be achieved). 

14C.F.R. 91.9{b) civil aircraft manual, marking, and placard requirements 

(b) 2 prohibits operation of U.S. registered civil aircraft 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. (By keeping all operating documents, manuals, authorizations 

and exemptions in a binder co located with the GCS, Adventure Aerial UA Productions meet the intent of 

the regulations and therefore achieve an equivalent level of safety.) 

14C.F.R 91.109{a)- Flight instruction 

No person may operate a civil aircraft (except a manned free balloon) that is used for flight instruction 

unless that aircraft has fully functional dual controls. (The majority of SUA's by design are developed 

with single operational control through the use of pre-determined GPS waypoints programmed before 

flight in addition to the use of a hand held transmitter or control station controlled by the PIC. The 

design doesn't allow for dual controls during flight training and therefore the exemption is requested to 

train operators, build experience, and maintain proficiency. An equal level of safety will be achieved by 

conducting all training in sterile environments. Training sessions will be accomplished separately from 

flights conducted for compensation or hire. 
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• 14 C.F.R. 91.119 (c)- Minimum Safe Altitudes 

o Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: (b) Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1 ,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

(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. (d) Helicopters, powered parachutes, and weight-shift-c·ontrol aircraft. If 

the operation is conducted without hazard to persons or property on the surface-

(!) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or (c) of this section, provided each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA. 

Commercial UAS operations will be conducted at or below the maximum altitude 

authorized by COA. Given the size, weight and lack of fuel; combined with operation 

limitations listed below, the operation will be conducted with a greater level of safety 

than exists with current manned aviation operations. 

• 14 C.F.R. 91.121- Altimeter Settings 

Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating .. . 

SUAS are equipped with Global Positioning System (GPS), which provide altitude and geolocation data to the operator without utilizing an altimeter. Due to this fact, an exemption is 

required. GPS are precise within a few feet and combined with fail-safes and a visual observer the 

operation will meet an equivalent level of safety. 

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

o No person may begin 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; 

This regulation is written based on the capabilities of a traditional aircraft, which have 

flight times of several hours or greater; therefore, with the majority of sUAS which have 

flight times of only an hour or less, this regulation would effectively deny the ability of 

the air vehicle to operate. 

The PIC will achieve an equivalent level of safety by complying with all manufacturer 

guidelines and the DJI low battery failsafe system. 
Page 6 of 11 

• 14 C.F.R. 91.215(b) - ATC Transponder and Altitude Reporting Equipment and 

Use. 

o All airspace. Unless otherwise authorized or directed by A TC, no person may 

operate an aircraft in the airspace described in paragraphs (b )(I) through (b)( 5) of 

this section, unless that aircraft is equipped with an operable coded radar beacon 

transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A 

interrogations with the code specified by ATC, or a Mode S capability, replying 

to Mode 3/ A interrogations with the code specified by A TC and in term ode and 

Mode S interrogations in accordance with the applicable provisions specified in 

TSO C-112, and that aircraft is equipped with automatic pressure altitude 

reporting equipment having a Mode C capability that automatically replies to 

Mode C interrogations by transmitting pressure altitude information in 1 00-foot 

increments. This requirement applies-

( 1) All aircraft. In Class A, Class B, and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not 

subsequently been certified with such a system installed, balloon or glider may 

conduct operations in the airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part provided such operations are conducted-

(i) Outside any Class A, Class B, or Class C airspace area; and 

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area 

designated for an airport or 10,000 feet MSL, whichever is lower; and 

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries 

of a Class B or Class C airspace area designated for an airport upward to 10,000 

feet MSL; and 

(5) All aircraft except any aircraft which was 'not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified with 

such a system installed, balloon, or glider-

(i) In all airspace of the 48 contiguous states and the District of Columbia at and 

above 1 0,000 feet MSL, excluding the airspace at and below 2,500 feet above the 

surface; and 
Page 7 of 11) 

(ii) In the airspace from the surface to 10,000 feet MSL within a I 0-nautical-mile 

radius of any airport listed in appendix D, section 2 of this part, excluding the 

airspace below l ,200 feet outside of the lateral boundaries of the surface area of 

the airspace designated for that airport. 

The sUAS to be used in the proposed operation does not come equipped with a 

transponder. No transponder exists for the sUAS, which can be installed. The petitioner 

requests relief from the exemption to the extent required to operate in areas in which a 

transponder is required according the applicable regulations in this part. 

The PIC will achieve an equivalent level of safety by complying with all provisions of 

the COA under which operations are to be conducted. By issuing appropriate NOTAMS 

and prior A TO coordination, an equivalent level of safety can be achieved as other 

manned aircraft, which receive authorization to fly in airspace where a transponder is 

required but not operable. In order to give proper notice to the A TO, the PIC will comply 

with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply 

with all altitude limits and airport standoff distances required by COA, which mitigate 

hazards to aircraft controlled by the A TO in congested airspace. 

• 14 C.F.R. 91.405(a), 91.407(a)(l), 91.409(a)(2) and 91.417(a) & (b) -Maintenance 

Inspections 

o 91.405(a) States: Each owner or operator of an aircraft-(a) 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 

o 91.407(a)(l) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless-(1) It has 

been approved for return to service by a person authorized under § 43.7 of this 

chapter 

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no 

person may operate an aircraft unless, within the preceding 12 calendar months, it 

has had-(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. No inspection performed under paragraph 

(b) of this section may be substituted for any inspection required by this 

paragraph unless it is performed by a person authorized to perform annual 

inspections and is entered as an "annual" inspection in the required maintenance 

records. 

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 

91.411 and 91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i 

- iii), 2 (i - vi)); (b) The owner or operator shall retain the following records for 

the periods prescribed: (paragraphs 1 - 3) 
•. , 

Page 8 of 11) 

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the 

manufacturer's guidance as stated in the operations manual. If maintenance is required, 

the PIC will conduct a dedicated test flight will be conducted to ensure safety before 

resuming commercial operations. All inspection, maintenance and alterations will be 

documented and maintained in a record. These actions will meet the intent of the 

regulations from which exemption is being requested and lead to an equivalent level of 

safety. 

II. Commercial Operator/Operation 

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, 

at a minimum, a recreational or sport pilot certificate. 

For each flight~ e-

• Will contact the controlling air traffic organization to issue a NOT AM. 

• Will conduct a comprehensive worksite inspection and analysis, identifYing limits of 

customer property or authorized access areas. 

• Will conduct preflight planning in accordance with Section 91.103 Preflight Action. 

• Will operate in those areas only with the consent of the landowner or designated 

representative. 

• Will identifY potential obstructions or other hazards to safe operation. 

• Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons. 

• Will conduct a preflight safety briefing to Visual Observer (VO) and participating 

persons. 

• Will at all times yield to manned air traffic. 

• Will operate within VLOS of both PIC and VO during daylight hours only. 

• Will maintain voice communications with VO and participating persons. 

• Will operate under visual flight rules, in visual meteorological conditions, for the airspace 

in which the flight is conducted. 

• Will not exceed the maximum altitude as defined in the COA under which flight 

authorized, as determined by the installed GPS. 

• Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS. 

• Will immediately terminate flight, in the safest manner possible, when safety to persons 

or property become compromised. 

• Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part ofthis exemption. 

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief 

is needed from Section 91.119 (c). By following these operating standards, the commercial 

operation will meet an equivalent level of safety to the regulation in which relief is sought. 
Page 9 of 10 

Ill. Unmanned Aircraft system 

Adventure Aerial UA Productions seeks exemption to operate DJI or other similar UAS types. 

The DJI platform will be the primary aircraft in our operations for which we seek exemption. 

The UA will be flown via a combination of RC control and tablet GCS. This UA type is GPS 

equipped, multirotor, helicopter. A quad- copter type rotorcraft utilizing four motors. Lithiumpolymer batteries power the UA. 

The UA also has several fail- safes for loss of RC signal, loss of GPS, and low battery as outlined 

in the respective operation manuals. The UA display visual and emit an audible low battery 

alerts at which time the UA will automatically engage the landing sequence. Based upon those 

safeguards, I request exemption from section 9~.151(b) Fuel requirements for flight in VRF 

conditions. 

Given the size and, weight and speed, and controlled operating area associated with the UA to 

be utilized, an exemption from14 CFR part 21 subpart H ( airworthiness certificates) and 

91.203(a) and (b) is requested. Exemption is sought from 45.23 (marking of aircraft) The UA will 

display the registration number in the largest practicable lettering. Adventure Aerial UA 

Productions seeks to be exempt from 91.405 (a), 91.407(a)(1), 91.409{a)(2) and 91.417{a)(b). 

Maintenance inspections will be conducted according to operations manual and prudent 

judgment as previously outlined to determine the integrity and safety of the UA and associated 

equipment. Further relief is required from 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate and 91.9(b)(2) requiring an approved flight manual in the 

aircraft. The UA will not be operating with an airworthiness certificate therefore, this would be 

inappropriate. The UAS are too small to carry operating documents so an equivalent amount of 

safety can be achieved through keeping the operating documents and manuals at the GCS. 

IV. UAS Pilot in Command (PIC) 

Under part 61 Recreational, sport and Private pilots are limited to non-commercial operations 

however Adventure Aerial UA Productions can ensure UA operations will achieve an equivalent 

level of safely as current regulation because UA do not carry pilots or passengers. A commercial 

pilot certificate will not ensure RC piloting ability, as the motor skills are of a different skill set. 

The inherent risks of operating a UAS are far less than in the commercial activities outlined in 

14 CFR part 61thus exemption is requested from 61.101 Recreational Pilot Privileges and Page 1 
Page 10 of 10 

Limitations. PIC's will maintain recent flight experience on the UAS. Training and experience 

flights will be conducted separate from commercial operations. 

V. Public interest 

Given the above stated evidence, procedures, and precautions operating UAS commercially for 

the purpose of aerial photography and videography, mapping, power line surveillance, 

agricultural crop surveillance, aerial inspections, data collection, augmented real estate listings, 

commercial videos and other work related to aerial photography will ultimately be in the public 

interest. These operations, when executed with prudence, will exceed the current level of 

safety as the regulations from which exemption is sought. UA operations will allow greater 

access to commercial aerial services that were not previously economically feasible for many 

firms. This will provide a much needed economic uplift to the community and hence the public. 

UA operations are associated with less risk of collateral damage to persons and property while 

limiting disruptive noise pollution associated with low level aviation operations. 

VI. Summary 

Pursuant to section 333 of PL 112-95 commonly known as the FAA Modernization and Reform 

act of 2012, Adventure Aero UA Productions hereby applies for authorization to conduct 

commercial unmanned aerial system (UAS) operations for the purpose of aerial photography 

explained earlier in this request for exemption. 

Rules for which exemption is sought: 

14 CFR Part 21 subpart H, 45.23(b), 61.101, 61.113, 61.133(a)(1)(ii), 91.7(a), 91.9(b), 91.103, 

91.109(a), 91.119, 91.121, 91.151(a), 91.215(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) 

and (b) 

Thank you for your prompt attention and consideration. I can assure you (being a 35 year 

veteran aviator with over 6000 safely logged hours) UA operational safety will be me and my 

companies commitment. Please feel free to contact me with any questions. 

Yours Truly, 

Marty Finco 530-249-0085