Seth D Hawk

46105 HWY 6

Glenwood Springs, CO 81601

Cell (970) 819-7854

Home (970) 366-3141

Email: seth@hawkaerialsolutions.com

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave.

SE Washington, DC 2059

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1) Phantom 2 User Manual V1.4

 2) Phantom 2 Quick Start Guide

 3) Inspire 1 User Manual (EN) v1.2

 4) Inspire 1 Quick Start Guide (EN) v1.2

References: 1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the 

 matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in

 the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA-2014-0355 in

 the matter of the petition of FLYING CAM INC 

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption 

under section 333 of the FAA Modernization and Reform Act of 2012, I Seth D Hawk, referred to 

hereafter as the petitioner, request exemption from the following sections of Title 14, Code of 

Federal Regulations §§

61.113(a); 61.113(b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1); 

91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (UAS) commercially in airspace regulated 

by the Federal Aviation Administration (FAA) for the purposes of aerial photography, 

cinematography, videography, mapping, crop surveying, inspections and other flight operations 

that could be performed safely and more cost effectively with the use of small UAS at low 

altitude within the U.S. national airspace system as compared to a manned aircraft. Operations 

will be performed only at the request of and with the authorization and permission of clients or 

their authorized agents in order to facilitate commerce and raise awareness of the beneficial 

uses of small unmanned air systems. 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. The conditions identified and proposed by the petitioner are drawn from references 

1-3.

The FARs
The petitioner seeks exemption from the above mentioned FARs for the following reasons;

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who 

hold a SPORT PILOT (or greater) certificate. Any pilots operating under this exemption would be 

required to comply with any conditions as set forth and in a similar fashion to the previously 

granted exemptions.

91.119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted 

closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to 

essential persons, or objects that would not be possible without additional relief. The petitioner 

requests modification, waiver or exemption and clarification concerning the terms “congested 

areas” and “densely populated”. The petitioner requests waiver for this condition to allow 

reasonable and responsible operations in areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS 

does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for 

altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior 

relief has been granted for manned aircraft to operate at less than the 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. The UAS 

provides battery power remaining in percent to the PIC. The UA batteries provide approximately 

25 minutes of powered flight. Information provided in the operating documents discusses 

procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery remaining reaches a 

specified level. Given the limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR 

conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussed in Exemption 11138 

(DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a 

condition for safe flight in accordance with the operating documents. The FAA found that 

adherence to the petitioner’s operating documents and the conditions and limitations specified, 

describing the requirements for maintenance, inspection, and record keeping, were sufficient to 

ensure that safety would not be adversely affected.

Aircraft

The DJI Phantom 2 & DJI Inspire 1 are highly successful consumer grade quadcopters with an 

advertised weight of less than 3000g, designed primarily to carry aloft a high definition camera. 

It has an advertised maximum speed of less than 23 m/s and a maximum climb rate of less than 

1200 feet per minute (6 m/s). It is powered by four electric motors. It utilizes an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global positioning 

system (GPS) to maintain its geospatial orientation and position. It is controlled primarily 

through an FCC certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to monitor battery 

level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control 
camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude 

can be limited by the onboard flight controller and maximum altitude can be preprogrammed by 

the PIC. Battery life limits flight times to approximately 25 minutes. The onboard flight controller 

will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An 

automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state. It is anticipated that flights will usually last less than 15 minutes.

Risk mitigation

The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and Limitations section 

and believes that the procedures specified therein are reasonable

and will be utilized in order to manage and mitigate risk and ensure public safety. A preflight 

checklist will be developed and employed to ensure that the UA airworthiness will be verified 

before launch. Airworthiness will be maintained by performance of routine inspections before 

each flight, maintaining flight and maintenance logs to record time on failure-prone components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 

miles of an airport provided that;

“The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a 

nontowered airport as denoted on a current FAA-published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the 

Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is 

requesting a mechanism to facilitate such activities without requesting a new and separate 

exemption(s) should the need arise. Operations within class B airspace are not requested due 

to the current lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental 

impact as compared to similar operations conducted with manned aircraft of greater proportions, 

carrying a crew and flammable fuel. Additionally, use of the UAS in order to facilitate commerce 

could lead to economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics, amenities, and 

benefits of their desired photographic subjects that cannot be displayed through ground level 

videography/photography. Aerial photography is a valuable marketing tool that can lead to 

increased commerce and enhance personal photography. Crop surveying applications could 

lead to decreased use of pesticides and fertilizer and conservation of water as well as increased 

crop yields and decreased costs. Aerial surveying and inspections can increase work site 

efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients 

with photographic data for these purposes on a ‘for hire’ basis acting as an independent 

contractor. A visual observer will be utilized. Liability insurance has been obtained. Flight data 

including UA flight time, Control Unit operation time, incident, accident, and details concerning 

any deviations from normal operations will be available to FAA for use in collecting data 
regarding the use of UAS as part of this application. This data may be submitted to FAA via 

traditional means, e.g. COA Monthly Reports, or other means as required.

Conclusion

The petitioner is requesting this exemption for the purposes of “aerial photography, 

cinematography, videography, mapping, crop surveying, inspections and other flight operations”. 

The reason for such a general and broad based request is that the petitioner wishes to utilize a 

business strategy of horizontal integration and maximize economies of scope in order to 

capitalize on opportunities as they may arise in the future without the long turnaround time 

associated with additional exemptions. The petitioner's business model is based on the idea of 

offering small UAS services to individuals or companies who wish to employ these services as a 

safe, effective, and legal option to enhance their business or hobby. The petitioner’s own market 

research shows pent up demand for these services currently exists in the real estate market and 

other markets are just beginning to emerge. The primary purpose of seeking this exemption is to 

obtain the capability to offer those services while remaining in compliance. The petitioner has 

10+ years of experience in the radio control model aircraft hobby, and 5 years in general 

aviation as a licensed private pilot as well as holding a current third class medical certificate.

Respectfully submitted,

Seth D Hawk