May 15, 2015

FAA Petition for exemption 14 CFR 11.81

William Benton Henry

Benton Henry Photography L.L.C.

224 East Bamberg Street

Latta, South Carolina 29565-1603

USA

Phone: 843-752-9999

Email: Benton@BentonHenry.com

Seeking Exemption for: 14 CFR part 21, Certification procedures for products and 

parts, Subpart H—Airworthiness Certificates. 

Purpose for Exemption: Very low-level aerial photography and aerial videography 

for the purpose of marketing and inspections that cannot be 

accomplished from traditional aircraft.

Benefit to the Public:

Safety:

The exemption would allow low-level photography work 

that is a much greater danger when performed by traditional fixwing and/or rotor-wing craft - to both the occupants of the 

aircraft and the general public on the ground in the area of the 

work.

The lower flight levels of traditional aerial photography are 

more dangerous because the ability to recover from 

stalls and/or loss of power. Fixed-wing aircraft require altitude 

to recover from a stall and rotorcraft requires altitude to perform 

an auto-rotation to recover from a loss of power. Traditional 

aerial photography generally operate very close to the limits of 

stall / recovery.

Aerial photography flights also add to the burden of ATC –

these types of flights usually involve flying in circles 

around the subject area and require the attention of flight 

controllers and other pilots flying in the same area. 

Traditional aircraft have minimums altitudes around 

structures – generally 1000 AGL –(much higher than is 

required for the type of work I need to perform. 

Much of my architectural photography work could be done 

below 200 feet AGL, which is not possible from either 

fixed or rotor-wing.
Nuisance:

Traditional aircraft are much nosier – and while not a safety 

issue can be a nuisance issue to the general public.

Exemption not affecting

Safety: My work is done for purpose of showing structures and is 

performed generally without any people around never 

directly over people. Work would be done during daylight 

hours and always line of sight. As stated earlier my work 

would be performed less than 200 feet AGL. I have also 

adopted a industry standard Pre-flight, flight, and postflight plan and a procedure for logging each flight. All 

equipment meets legal requirement for usage in the US –

including compliance with FCC for radio frequency

controls.

Summary: William Benton Henry as the sole owner/operator of 

Benton Henry Photography is asking for an exemption to 

14 CFR part 21, Certification procedures for products and 

parts, Subpart H—Airworthiness Certificates for the 

purpose of low level (less than 200 feet AGL) 

photography/videography as part of my commercial 

photography business. Photography subjects to include 

structures and surrounding areas for the purposes of 

marketing. The exemption would help reduce the chances 

of injury to pilot and photographer and general public in the 

area of the photo sites. The exemption would also greatly 

reduce the chances of catastrophic property damage.

UAS proposed for use: DJI Inspire, DJI phantom, DJI Spreading Wings, 

Yuneec Q500.

Additional Information: I have worked as a commercial aerial photographer for over 

20 years. I have training as a traditional fix wing pilot

including over 40 hours as Pilot in Command (student).

I have adopted a pre-flight – flight – and post-flight plan 

for UAS (drone) operations if approved.

Respectfully Submitted,
William Benton Henry

Mailed to:

U.S. Department of Transportation, 

Docket Operations

West Building Ground Floor, 

Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590