Alexander K. Workman

Aerial Tallahassee LLC

4070 N Mission Road 

Tallahassee, FL 32303

(407) 536-7403 

hello@aerialtallahassee.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 

21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 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) 

of Title 14, Code of Federal Regulations (14 CFR). 

Outlined below are the descriptions of the parts, subparts and sections in which I 

request exemptions and my reason for requesting the exemptions. 

Part 21 prescribes the procedural requirements for issuing and changing design 

approvals, productions approvals, airworthiness certificates, and airworthiness 

approvals. 

Section 45.23(b) prescribes that 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. 

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

aircraft that is 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, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes: 

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

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 
(1) 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; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than 

the minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.” 

Section 91.151(a) prescribes that 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 [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for 

in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless the airworthiness certificate 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. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected as prescribed in subpart E of the same part and shall, 

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

have discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under § 43.7 

of the same chapter. 

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 
appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include— 

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return 

to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. (iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 
Aerial Tallahassee LLC’s exemption requests from the above are detailed below: 

Unmanned Aircraft System: 

Aerial Tallahassee LLC plans to operate a UAS, the PHANTOM 3 Professional & 

PHANTOM 4, which is comprised of an unmanned aircraft (UA or PHANTOM). The 

PHANTOM 3 Professional & PHANTOM 4 is a quad-copter with a gross weight of 

about 3 pounds. It is equipped with four rotors that are driven by electric motors which 

is powered by batteries. The UA has a maximum airspeed of 44 mph. 

Aerial Tallahassee LLC plans to use this UAS in aerial cinematography and 

photography on non profit promotion materials, stock photography, enhancing realestate listings and other such tasks for businesses in the greater Tallahassee, FL area 

which could benefit from an aerial view for their planning of future expansions and/or 

advertising of their products or business. For most businesses and realtors in the area, 

standard aerial photography has been very cost prohibitive. The economic impact of 

being able to assist your business using aerial photography would be substantial. 

The use of this UAS in the above named applications greatly reduces risk to the public 

and property as there is no fuel carried by the PHANTOM 3 Professional & PHANTOM 

4, aircraft noise is greatly reduced as opposed to a standard aircraft or rotorcraft both 

of which require numerous passes or extended lengths of hover time to accomplish the 

same task as the Phantom can in only a few minutes. The Phantom only weighs about 

3 pounds and is by far a much smaller hazard to persons or property than a standard 

aircraft or helicopter in the event of a catastrophic in-flight failure. 

There is no higher priority for Aerial Tallahassee LLC other than the safety of the public 

and property. 

Aerial Tallahassee LLC makes the following representations of its operation in which to 

abide by to ensure these exemptions if granted, will provide a level of safety at least 

equal to existing rules:

The PHANTOM 3 Professional & PHANTOM 4 will only be operated by, a pilot with

completed at a minimum, 25 hours of documented flight time using the PHANTOM 3 

Professional & PHANTOM 4 with focus being: 

. a) Collision avoidance

. b) Loss of C2 link procedures as outlined in the Operators manual for the 

PHANTOM 3 Professional & PHANTOM 4

. c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing 

weather etc. 

. d) Estimating distance from objects, persons, vehicles and vessels. 

. e) Communication with the spotter(s) 

. f) Completed the DJI PHANTOM 3 Professional & PHANTOM 4 pilot training 

guide
. g) The ability to recognize persons or objects that are not part of the intended 

and permitted part of the project that enter the 500 foot operational area unless 

such persons or objects are deemed permitted by the owner or controller of the 

property or area and the PIC makes a safety assessment of the risk of operating 

closer and it does not pose undue or significant risk. 

. h) The ability to quickly and safely land the PHANTOM 3 Professional & 

PHANTOM 4 in the event of intrusion into the safe zone. 

1.) A complete pre-flight systematic check by the PIC of the Phantom’s physical 

condition,i.e. props, prop guards, landing gear, position indicator lights, battery 

capacity and overall airframe condition. If any of the above are not within the 

manufacturers minimum standards no flight will take place until such time as the 

issue(s) is repaired to manufacturers standards. *Although prop guards are not 

required on the PHANTOM 3 Professional & PHANTOM 4, Aerial Tallahassee 

LLC will not operate without them. 

2.) Written documentation of each physical inspection and repairs if any, by the PIC 

(pilot in command) will be kept with the Phantom and will be on-site and 

available for review. 

3.) Software in relation to the Phantom’s operation will be checked for proper 

function. The most current DJI Pilot APP and the current firmware will be 

installed to assure the most up to date safety features. 

4.) Prior to every flight, the compass on the PHANTOM 3 Professional & PHANTOM 

4 will be calibrated as to ensure precision location. 

5.) Aerial Tallahassee will ensure the altimeter setting on the PHANTOM 3 

Professional & PHANTOM 4 is that of AGL (above ground level) rather than GPS 

or barometric pressure derived settings. 

6.) Every safety feature offered through the DJI Pilot APP will been abled for every 

flight, every time. 

Please refer to the attached User Manual (EN) v1.2 PDF file starting at page 39 

for a description of the following safety features:

- Enable GPS Home Point

- Compass calibration 

- Low battery auto go home

- Dynamic home point

- Current RTH (return to home) altitude (AGL) 

	 	 - Low battery alarm 

7.) Use of the DJI Pilot App GUI (graphical user interface)

Refer to attached User Manual (EN) v1.2 PDF for detailed descriptions starting 

at page 34.
Of particular interest are the following:

- Flight attitude and radar function

- Flight parameters-RTH (return to home) altitude, horizontal distance from home 

point, altitude-vertical distance from home point, speed-horizontal flying speed.

- Flight Battery Level indication

-There is a built in preflight checklist within the DJI vision APP which is 

completed prior to each flight. 

- Aircraft GPS Status-Aerial Tallahassee LLC’s PHANTOM 3 Professional & 

PHANTOM 4 will not fly with less than (7) GPS Satellites available.

- Hide or show flight parameters- Aerial Tallahassee LLC’s PHANTOM 3 

Professional & PHANTOM 4 will ALWAYS fly with parameters displayed in order 

to assist in maintaining safe distances from persons and objects and to adhere 

to the flight plan. 

8.) Aerial Tallahassee LLC will operate with a minimum of (1) one, trained spotter for 

every flight. “Trained” meaning familiarization with the Phantom Professional, its 

abilities according to the operators’ manual as well as the abilities of PIC. 

Spotters will participate in documented training developed in-house prior to 

being allowed on the flight line. Training will consist of, at a minimum the 

following: 

a) The ability to roughly identify minimum distance from objects

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the 

PHANTOM 3 Professional & PHANTOM 4

c) The ability to communicate with the PIC the visual limitations and to never let 

the PHANTOM 3 Professional & PHANTOM 4 out of the visual capabilities of the 

PIC and the spotter(s). 

d) The ability to recognize persons or objects that are not part of the intended 

and permitted part of the project that enter the 500 foot operational area unless 

such persons and objects are deemed permitted by the owner or controller of 

the property or area and the PIC makes a safety assessment of the risk of 

operating at a closer range and it does not pose undue or significant risk to 

those persons or objects.

e) The ability to accurately describe to the PIC, the orientation of the Phantom in 

relation to the pre-set home point as well as the direction of travel. 

f) The training will take place under strict, safe conditions away from persons or 

large obstacles. I.e. large open fields. 

9.) Prior to each flight, the PIC and the Spotter(s) will performa pre-flight briefing 

detailing the estimated flight distance, estimated flight level AGL and the goal of the 

particular flight. Each preflight briefing will be documented by the PIC to include flight 

details, pilot name, spotter(s) name, weather details, time and date. 
Written and/or verbal consent will be obtained from the person/business requesting the 

flight. 

A post-flight briefing will also be conducted and documented with the PIC and the The 

Documented Pre-flight, the raw pictures and/or the raw video footage as well as the 

post-flight brief and written consent will be kept by Aerial Tallahassee LLC for a period 

of at least (2) years. 

Aerial Tallahassee LLC believes that given the size, weight, speed, and limited 

operating area associated with the PHANTOM 3 Professional & PHANTOM 4, requests 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 

(a) and (b) (Certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR 

part 11 and Section 333 of P.L. 112-95 (Section 333). 

Aerial Tallahassee LLC requests exemption from § 45.23 Marking of the aircraft. The 

PHANTOM 3 Professional & PHANTOM 4 does not have a cabin, does not have a 

cockpit or a pilot station. Minimum sized lettering and wording are difficult to place on 

the PHANTOM 3 Professional & PHANTOM 4. Aerial Tallahassee will however affix a 

sticker on the unit which will contain contact information for the company in case of 

aircraft loss. 

Aerial Tallahassee LLC requests an exemption from §§ 91.405(a), 91.407(a) (1), 

91.409(a) (2) and 91.417(a) and (b) Maintenance inspections and feel it should be 

granted since they only apply to aircraft with an airworthiness certificate. Aerial 

Tallahassee LLC has developed maintenance inspections and documentation methods 

for the PHANTOM 3 Professional & PHANTOM 4 from personal experience as well as 

the manufacturer’s user manual. (See attached pdf user manual)

Aerial Tallahassee LLC requests relief from § 91.119(c) because the aircraft will be 

operated at altitudes below 300 feet AGL. Section 91.119(c) states that no person may 

operate an aircraft below the following altitudes: 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. Aerial Tallahassee LLC will operate pursuant to the 

following restrictions related to § 91.119: 

-Operate in reasonably safe environments that are closely monitored by ground 

assistants and signage placed in locations that would be considered reasonable 

locations for pedestrians, vehicles or vessels to enter the area.

-Within 5 miles of airports and congested areas. Congested areas will be defined by 

VFR charts as well as by contacting the local FSDO (flight standards district office) 

-Conduct all operations under Aerial Tallahassee LLC’s guidelines contained in the 

operating documents and will analyze flight data and other sources of information such 

as the manufacturer’s website to constantly update and enhance safety.
-Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent information 

deemed important by the airport. 

- Always obtain all necessary permissions prior to operation. Permissions include but 

are not limited to a (COA) and a request for a (NOTAM) as well as permission from the 

property owner or person in control of the property and when practical will be in writing 

and kept on file for 2 years for review. If it’s not possible to obtain written permission, 

the PIC will document in writing how permission was obtained i.e. phone call with date, 

time and party information. 

Aerial Tallahassee LLC requests relief from 14 CFR 91.121 Altimeter Settings. Aerial 

Tallahassee’s PHANTOM 3 Professional & PHANTOM 4 has a barometric altimeter and 

GPS derived altitude capabilities. The FAA requires any altitude reported to ATC to be 

in feet AGL. Aerial Tallahassee will set the altimeter on the PHANTOM 3 Professional & 

PHANTOM 4 to zero feet AGL rather than local barometric pressure or field altitude 

before flight. 

Aerial Tallahassee LLC requests relief from § 91.151 (a) Fuel requirements for flight in 

VFR conditions based on the following: 

No fuel is used in the PHANTOM 3 Professional & PHANTOM 4 but it is battery 

operated. Batteries have, in our experience have about 20 minutes of quality flying 

time. In the interest of safety, Aerial Tallahassee LLC generally lands with 35% of 

battery remaining which gives about 9 minutes of flying time per battery. The 

PHANTOM 3 Professional & PHANTOM 4 has an audible battery state warning system. 

Aerial Tallahassee LLC will always follow the manufactures minimum battery warning 

which is 30% remaining. There is also an on- screen warning of not enough battery to 

return to home message if flight distance has exceeded battery capacity. In this event, 

an emergency landing would be made as soon as safe and practical. The PHANTOM 3 

Professional & PHANTOM 4 also has an automated function which results in immediate 

landing when a low battery is detected. Researching previous relief requests, relief has 

been granted for manned aircraft to operate at less than prescribed minimums, 

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific 

relief has been granted in exemption Nos. 8811, 10808, and 10673 for daytime, VFR 

conditions. Aerial Tallahassee LLC will adhere to all VFR minimums as well as VMC 

conditions when planning and/or executing any flights. There is little purpose for aerial 

video or pictures if the weather is less than desirable. Following VFR minimum 

standards will at least ensure a safe flight. Wind and forecast weather will be a key in 

deciding suitable conditions. Local weather can be attained from the nearest airport by 

using AWOS. No flight will take place in any condition that would potentially be outside 

of the PHANTOM 3 Professional & PHANTOM 4 capabilities in wind. Aerial Tallahassee 

will always fly within its 30% minimum remaining battery life at its first intended landing 

point. 
If there are any areas that have not been addressed, please contact me for 

supplemental information. 

Sincerely, 

Alexander K. Workman

Aerial Tallahassee LLC

4070 N Mission Road 

Tallahassee, FL 32303

(407) 536-7403 

hello@aerialtallahassee.com