August 13th, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-

140 1200 New Jersey Ave., SE 

Washington, DC 20590

Dear Sir or Madam

Attached please find SSDroneking’s request for an exemption from the listed Federal Aviation 

Regulations to allow commercial operation of its Small Unmanned Aircraft Systems, hereby 

referred to as “UAS” for aerial imaging for the purpose of aerial photography and videography of 

real estate, personal property, golf courses, and resort properties, etc. This exemption request is 

exclusively for the use of the UAS manufactured by DJI, Inc., A Shenzhen based company in China.

Specifically a DJI Phantom 3 professional. 

SSDronekings will incorporate its UAS Flight Manual, which is the product of several flight manuals 

gathered from companies recently granted Section 333 exemption. This flight manual outlines the 

operating requirements, limitations, and technical specifications for the SSDronekings system. 

SSDronekings has reviewed this manual and found it to be acceptable for UAS operations at its 

project sites. 

Thank you for your time and consideration, and please let me know if you have any questions

Sincerely,

Peter James Brown

Founder

SSDronekings 
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, SSDronekings, a photography and videography start-up 

company, hereby applies for an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("UAS") 

for aerial imaging of real estate, resort properties, golf courses, accident and natural 

disaster scene investigations, 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.

As detailed in this document, the requested exemption would permit the operation 

of 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 best 

practices safety protocols followed by SSDronekings at each one of its operating sites. 

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: 

Peter Brown

Founder: SSDronekings

PH: 781-724-1517

Email: SSDronekings@gmail.com

Address: 67 Fosdick Road, Carver, MA. 02330
Regulations from which the exemption is 

requested:

14C.F.R.Part21

14 C.F.R. 45.23(b)

14C.F.R.61.113(a)&(b)

14C.F.R.91.7(a)

14 C.F.R. 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

14C.F.R.91.151(a)

14C.F.R.91.203(a)&(b)

14C.F.R.91.405(a)

14 C.F.R. 407 (a) (1)

14C.F.R.409(a)(2)

14C.F.R.417(a)&(b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including UAS, from the requirement that all civil aircraft must 

have a current airworthiness certificate.

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).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS 

may operate in the National Airspace System (NAS) without creating a hazard to the 
user, the public, or a threat to national security. In making this determination, the 

Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close 

proximity to airports

Reform Act §333(a). If the Secretary determines that a UAS "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).

SSDronekings UAS are multirotor vehicles, weighting 10 or fewer lbs. including pay load. 

They operate under normal conditions at a speed of no more than 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS 

will operate only in the pilot's visual line of sight at all times and will operate only within 

the sterile area.

Given the small size of the UAS involved and the restricted and sterile environment within 

which they will operate, our application falls squarely within the 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 small size of the UAS and the low altitudes and restricted areas in which our

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, the 

grant of the requested exemptions is in the public interest. Accordingly, SSDronekings

respectfully requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

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 NAS 

before completion of the rulemaking required under Section 332 of the Reform Act. By 

granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate 

with significant safety precautions in low risk environments.

The use of UAS on a accident scene or during a natural disaster can significantly reduce 

the risk to emergency officials while their investigation. UAS can inspect, photograph, and 

collect data on hard to get to areas that otherwise would require inspection.
Additionally, UAS could replace the use of helicopters and small aircraft to perform aerial 

videography. The UAS we propose to fly in this application are less than five pounds, and 

carry no combustible material on board, as opposed to the much larger conventionally 

powered small aircraft. Shifting to UAS from helicopters presents a marked safety 

increase for safety officials and the public.

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used 

for aerial imaging. Our UAS uses rechargeable lithium ion batteries, as opposed to fossil 

fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

SSDronekings 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 protocols used by helicopters and other conventional 

aircraft.

SSDronekings will be bound by the following limitations when conducting its UAS operations 

under an FAA issued exemption:

1. The UAS will be less than 20 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 18 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at least 

20% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.

5. Crew for each operation will consist of the UAS pilot who will keep the UAS within 

his/her visual line of sight at all times. As well as a camera operator focusing on

photo/video composition.

6. The UAS pilot will be trained in flight, operations, and safety procedures.

7. The UAS will only operate within a confined secure area with a safety circumference of

100ft.

8. A briefing will be conducted in regard to the planned UAS operations prior to each 

day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing.
9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator 

will obtain additional verbal or written consent of all persons who will be allowed within 

100 feet of the flight operation.

10. The pilot will have been trained in operation of UAS generally and received up-todate information on the particular UAS to be operated.

11. Written and/or oral permission from the relevant property holders will be obtained.
12. 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.

13. If the UAS loses communications or loses its GPS signal, it will have capability to 

return to a pre-determined location within the Security Perimeter and land.

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

or emergencies. Using a HOME button that, when activated will immediately return 

the UAS to its take off point. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(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 SSDronekings, 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. Our 

small UAS will be operated at low speed in a controlled environment, at least five 

miles from an airport and more than three miles from any city or densely populated 

area. 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 

helicopter) operating with an airworthiness certificate without the restrictions and 

conditions proposed.

The UAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a 

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

operates exclusively within a secured area. Like other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by the operator, pursuant to 

the Manual's requirements, and under the requirements and in compliance with 

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

currently done on active construction sites. The FAA will have advance notice of all 

operations.

These safety enhancements, which already apply to civil aircraft, 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 

ability to carry an external load no greater than two lbs.

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

This regulation requires certain experimental, provisionally certificated aircraft, or 

light-sport category aircraft to be marked with letters between 2 inches and 6 inches 

high "limited," "restricted," "light-sport," "experimental," or "provisional," near each 

entrance to a cabin, cockpit, or pilot station.

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: Exemptions Nos. 10700, 8738,

10167 and 10167A.

14 CFR 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 pilot operating the 

aircraft to have completed a UAS flight training course and operated the UAS safely for 

100 hours. Unlike a conventional aircraft that carries the pilot and passengers, the UAS 

is remotely controlled with no living thing or cargo on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance. 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 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 Manual for maintenance and use of safety checklists prior to each 

flight, as set forth in Section B and Section G, an equivalent level of safety will be 

provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

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 take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the 

pilot will take separate preflight actions, including checking for weather conditions, 

checking flight battery requirements, checking takeoff and landing distances, and all 

other actions in the

Preflight Checklist in the Manual. These actions will provide an equivalent level of 

safety.

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.

By design, UAS and remotely piloted aircraft 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 previously 

approved exemptions for aircraft without fully functional dual controls. 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, the ability to 

control the UAS via radio signals from the controller, 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. This exemption is for a multi-rotor craft that flies similarly 

to a helicopter, with vertical takeoff and vertical landing, which will typically operate 

at altitudes of 200 AGL, so an exemption may be needed to allow such operations. 

The UAS will never operate at altitude higher than 400 AGL and will be 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, 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 any onsite personnel as outlined in the Manual, 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 10 lbs. 

proposed herein and carrying flammable fuel, any risk associated with our 

operations is far less than those presently presented with helicopters and other 

conventional aircraft operating at or below 500 AGL in the construction industry. 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 

Manual and Safety Check list, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. 

Our UAS is limited to operations in sterile and controlled environments as outlined, 

and has a limited range and flight time which require an exemption from 14 CFR 

91.151(a).
The battery powering the UAS provides approximately 18 minutes of powered flight. 

To meet the 18 minute reserve requirement in 14 CFR §91.151, UAS flights would be 

limited to approximately 5 minutes in length. Given the limitations on the UAS's 

proposed flight area 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.

SSDronekings 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 greatly reduce the utility for which the exemption 

will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or 

enough battery reserve to ensure that the UAS lands at the ground station with at 

least 20% of battery power (as determined by the onboard monitoring system and 

the pilot), 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 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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 10 lbs and is operated without an 

onboard pilot. Therefore 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 flight 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 CFR 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 SSDronekings. Maintenance will be 

accomplished by the operator pursuant to the flight manual. An equivalent level of 

safety will be achieved because these small UASs 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. 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.

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; 91.15l(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 (551bs or less) in construction operations.

Approval of exemptions allowing commercial operations of UAS for use of 

photography and videography enhances safety while reducing risk. Manned aircraft 

photography and videography creates a greater risk because the craft are much 

larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS 

weighing fewer than 10 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 

will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.
The operation of small UASs, weighting less than 10 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. Images taken will be of individuals who have 

also consented to being filmed or otherwise having agreed to be in the area where 

aerial photography will take place.

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.

Sincerely,

Peter James Brown

Founder

SSDronekings