UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

TALWEG CREATIVE, INC. 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 14 CFR Part 21; 14 

CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 

91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 

91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 

409 (a) (2); 14 CFR 417 (a) & (b) CONCERNING COMMERCIAL OPERATION OF A 

DJI INSPIRE 1 UNMANNED AIRCRAFT 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM 

ACT OF 2012 (PUBLIC LAW 112-95) 

Submitted on January 6, 2016

Ryan Heffernan

Owner, Talweg Creative, Inc.

369 Montezuma Ave. #228

Santa Fe, NM 87501

(505) 428-9124

ryan@talwegcreative.com
January 6, 2016

U.S. Department of Transportation Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590 

Attention: FAA Administrator 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 

14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 

14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) 

Dear Administrator, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform 

Act) and 14 CFR Part 11, Talweg Creative, Inc., the operator of Small Unmanned 

Aircraft Systems (sUAS) equipped to conduct aerial photography and cinematography 

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

(FARs) to allow commercial operations of its sUAS 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 described in more detail below, the requested exemption would permit the operation 

of small, unmanned and relatively inexpensive sUAS under controlled conditions in the 

NAS that is both limited and predetermined. 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 operations of such aircraft 

systems in the national airspace system.” Section 333 (c) of the Reform Act. 

Regulations from which the exemption is requested: 

14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 

91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 

91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 

(a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b) 

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 national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of sUASs do not create a hazard to users of the NAS 

or the public or pose a threat to national security in light of the following: 

• The sUAS’s size, weight, speed, and operational capability; 
• Operation of the sUAS in close proximity to airports and populated areas

• Operation of the sUAS within visual line of sight (VLOS) of the Pilot/“Operator”

Reform Act § 333 (a)

Lastly, if the Secretary determines that such vehicles “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). 

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

This statutory authority by its terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, that includes sUASs, from the requirement that all civil 

aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from the 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 §44744(a); 49 USC §44704l 14 CFR §91.203 (a)(1). 

Talweg Creative, Inc.’s sUAS, a DJI Inspire 1 (see EXHIBIT A, the user manual), is a 

rotorcraft weighing maximum 10 lbs. including payload. It operates under normal 

conditions at a speed of no more that 43 kts and has the capability to hover, and move in 

the vertical and horizontal plane simultaneously. It will operate only in line of sight of the 

Pilot/“Operator” and will operate only with the permission of the property owner or a 

representative. Predetermined, specifically marked areas of operation will allow Talweg 

Creative to operate within current safety parameters and new ones being implemented. 

For these reasons listed, Talweg Creative’s operation of sUAS will mitigate risk and not 

“create a hazard to users of the NAS or the public.” 112 P.L. 95 § 333 (b). 

Given the small size of the sUAS involved and the limited environment within which it 

will operate, the applicant falls squarely within the zone of safety in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to 

commence immediately. Also due to the size of the sUASs and the limited areas in which 

the relevant sUASs 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 with allowing sUASs for commercial aerial videography and 

photography operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and limitations listed herein. These limitations provide for 

equivalent or even higher level of safety of operations under the current regulatory 

structure because the proposed operations are conducted on predetermined property under 
the permission of the property owner or property representative. 

The limitations and conditions to which Talweg Creative, Inc. agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within visual line of sight (VLOS) of a Pilot/“Operator” 

and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 20% battery power reserve should that occur prior to the 30 

minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the sUAS Pilot/“Operator”, and 

the Visual Observer. 

6. sUAS Pilot/“Operator”will be Pilot in Command (PIC). If the Pilot/“Operator”

deems another Pilot/“Operator” to be qualified with the necessary skills to be the 

Pilot/“Operator”, that person can also be designated as Pilot/“Operator” provided 

they have a minimum of 40 hours of flight time with the sUAS. 

7. Flights will be operated at a lateral distance of at lest 50 feet from any inhabited 

structures, buildings, vehicles, vessels, or people not associated with the 

operation. 

8. Flights will not be conducted near airports or in designated restricted or no-fly 

zones.

9. A briefing will be conducted in regard to the planned sUAS operations prior to 

each flight activity. It will be mandatory that all personnel involved with the 

operational duties of the flight be present for this briefing. 

10. Pilot/“Operator” and observer will have been trained in operation of sUAS 

generally and received up-to-date information on the particular sUAS to be 

operated. 

11. Observer and Pilot/“Operator” will at all times be able to communicate by voice, 

radio, and/or text. 

12. Written and/or oral permission from the relevant property holders or property 

representatives will be obtained. 

13. If the sUAS loses communications or loses its GPS signal, the sUAS will have the 

capability to return to a pre-determined location and land autonomously. 

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

obstacles, weather, or emergencies. 

14 CFR §91.109: Flight Instruction 

No person may operate a civil aircraft that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. 

sUAS and remotely piloted aircraft by design 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 communication. The FAA has approved exemptions for flight 

training without full functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The 
equivalent level of safety is provided by the fact the neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows that 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. As this exemption 

is for a sUAS that is a helicopter, and the exemption requests authority to operate at 

altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS 

as well as the location where it is operated. No flight will be taken without the permission 

of the property owner. Because of the advance notice to the property owner and other 

participants in the activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more 

than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude 

operations of the sUAS will ensure separation between the sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 CFR §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 sUAS may not have a 

barometric altimeter, but instead a GPS altitude readout, an exemption may be needed. 

An equivalent level of safety will be achieved by the Pilot/“Operator”, pursuant to the 

safety checklist and live flight data monitoring, 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 

Sections 91.151(a) prohibits an individual from beginning 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; or (2) at night, to fly 

after that for at least 45 minutes.

The battery powering the sUAS provides less than 30 minutes of powered flight. To meet 

the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations of the sUAS’s proposed flight 

area and the location of its proposed operations within a predetermined area, a longer 

timeframe for flight in daylight or twilight CFR conditions is reasonable. 
Applicant 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 sUAS in a limited area 

with less than 30 minutes of reserve fuel does not engender the type of risk that Section 

91.151 (a) was intended to alleviate given the size and speed of the sUAS. Additionally, 

limiting the sUAS flight to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 

We believe that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 20% of battery power, whichever happens first. This restriction would be 

more than adequate to return the sUAS 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) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in the pertinent 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 sUAS fully loaded weighs less that 55 lbs. and is operated without an onboard pilot. 

As such, there is no ability to place to carry certification and registration documents or to 

display them on the sUAS. 

An equivalent level of safety will be achieved by keeping relevant documents at the 

ground control point where the Pilot/“Operator” flying the sUAS will have immediate 

access to the documents to the extent they are applicable to the sUAS. The FAA has 

issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797 9797A, 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the Pilot/“Operator” pursuant to the flight manual. An equivalent level 

of safety will be achieved because of the small size and payload of the sUAS and because
it will operate only in limited areas for short periods of time. If mechanical issues arise 

the sUAS can land immediately and will be operating from no higher than 400 feet AGL. 

The Pilot/“Operator” will ensure that the sUAS is in working order prior to initiating 

flight, perform required maintenance, and inform all participants of any maintenance 

performed. Maintenance and inspections will be performed and accordance with the 

sUAS manufacturer’s manual. 

COMPANY INFORMATION

The crew members of Talweg Creative, Inc. each have at least ten years of filmmaking 

and photography experience on projects in dozens of countries. We specialize in outdoorand adventure-based content; previous projects have entailed the use of ultralight aircraft 

and other means of capturing aerial photography that entailed significant risk. We firmly 

believe that our use of a sUAS minimizes the risk to both the NAS and to persons and 

property on the ground. 

SUMMARY 

Pursuant to 14 CFR 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 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 

(a) & (b); 14 CFR 61.3 (a)(1); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 

CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & 

(b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) & (b).

Approval of exemptions allowing commercial operations of sUAS to conduct aerial 

photography and cinematography services will enhance safety by reducing risk. A sUAS 

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of the risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAS will 

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

with manned aircraft flights. The operation of our sUAS, weighing less than 55 lbs., 

conducted in the conditions outlined above, will provide an equivalent level of safety 

supporting the granting 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, under 400 feet AGL, and within a limited area 

and, as a result, are far safer than conventional flight operations conducted in close 

proximity to the ground and people. 

Talweg Creative, Inc. respectfully requests the FAA grant its exemption without delay. 

The FAA has the authority to issue the exemption sought by Talweg Creative, Inc. 

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended.

Sincerely, 

Ryan Heffernan

Owner, Talweg Creative, Inc.

369 Montezuma Ave. #228

Santa Fe, NM 87501

(505) 428-9124