1

6 June 2015

Jeremiah Terhark

Webspec Design, LLC

5907 Meredith Dr

Urbandale, IA 50322

jterhark@gmail.com

(515) 334-9544

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

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

Federal Aviation Regulations from certain parts of the FARs. 

Dear Administrator Huerta:

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

Act) and 14 C.F.R. Part 11, Jeremiah Terhark, a professional photographer, hereby

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

him to operate a small Unmanned Aircraft System (“sUAS”) under the conditions and 

limitations set forth in this Petition.

The requested exemption would permit the operation of small, unmanned and 

relatively inexpensive sUAS under controlled conditions in airspace that is (1) limited, 

(2) predetermined, and (3) would provide safety enhancements to the already safe

photography gathering operations presently using manned helicopters and airplanes in 

Des Moines. Approval of this exemption would thereby enhance safety and fulfill 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:
2

Jeremiah Terhark

Webspec Design, LLC

Telephone: (515) 334-9544

Email: jterhark@gmail.com

Address: 5907 Meredith Drive, Urbandale IA 50322

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 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

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b)
3

The Appendix describes the FARs from which an exemption is requested and 

summarizes the justification for each requested exemption.

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the 

Reform Act, which 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 Administrator must determine which types of UASs 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 UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

If the Adminstrator 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) (emphasis added).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions 

from its regulatory requirements for civil aircraft, a term defined under §40101 of the 

Act, which includes sUASs. 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 the Federal Aviation Act if 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).

The petitioner is a professional photographer, who earns his living as a contract 

photographer for several Iowa businesses and organizations. His regular assignments

involve his going out photo and video equipment to perform photography and video 

services for clients. He has thus become familiar with both ground-based and aerial 

photography over the course of several years.
4

The wide availability of small Unmanned Aircraft Systems, also known as 

“microdrones,” capable of carrying high-quality video cameras and priced at affordable 

levels intrigued the petitioner. His entire professional career has involved exploring

new technologies and adapting them to capture good imagery to inform the public. In

July 2014, he bought a DJI Phantom 2 Vision, installed a three axis gimbal and a GoPro 

camera and has flown it for total of 30 hours over remote areas of the Des Moines 

metropolitan area and over remote locations in rural Iowa for recreational purposes, 

exploring the potential and the limitations of its video subsystem.

He is pleased with the quality of the imagery captured and has edited it into a number 

of photographic vignettes that meet his high standards for technical quality and artistic 

merit.

Now, a number of people, some professional colleagues and some strangers, have heard 

about Petitioner’s activities and have seen the results and are pressing Petitioner to 

undertake additional microdrone photography for compensation.

He is requesting special permission from the FAA. Many competitors of Petitioner are 

actively flying sUAS to conduct aerial photography for commercial purposes, 

notwithstanding the FAA’s stated prohibition. He also notes and has read the 

congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform 

Act of 2012 that the FAA move quickly to accommodate the economic and societal 

benefits that can result from widespread deployment of sUAS technology.

Accordingly, Petitioner applies for authorization under the Federal Aviation Act, and 

the FARs rules to undertake the following activities for commercial purposes. Unless

the Petition is granted, Petitioner will be at a significant competitive advantage if he, 

as he prefers, complies with FAA policy.

Vehicle

The Petitioner will fly a DJI Phantom 2 Vision equipped with a three-axis gimbal and

GoPro camera.

This vehicle has built in capability to limit the height it flies above the ground, to limit 

the radius of the distance it flies from the operator, and to exclude it from class B, C,
5

and D airspace. The vehicle also has the built-in capability to return to the launching 

point if the wireless control link is interrupted or if the operator attempts to exceed any 

of the height, radius, or airspace limitations programmed into it.

The vehicle weighs about five pounds empty and has a maximum gross weight of 

approximately twenty pounds. It has a top speed of about 30 knots. It has four fixedpitch rotors, thrust from which is varied by changing RPM. It is powered by a lithium 

polymer battery.

Flight profiles

The petitioner will program the Phantom so that it will not fly above 200 feet above 

ground level, or more than 1500 feet away from him. He will carefully preflight the 

vehicle before each mission to assure that its compass and GPS system are properly 

calibrated and that the return-to-home feature, altitude, and radius limitations work.

He will operate it on aerial photography missions only in the early morning hours and 

other times when few people are out and about. He will operate it only over largely 

unpopulated areas where the potential of uncontrolled descent to cause injury or 

damage is low

He will not operate it in controlled airspace. In the unlikely event that a manned aircraft 

flies below 200 feet AGL where the petitioners operating his Phantom, he will keep both 

the vehicle and manned aircraft in sight and avoid the manned aircraft.

More particularly, the Petitioner will fly the Phantom only over the following types of 

areas in Metropolitan Des Moines:

 Over Saylorville lake, outward of the shoreline

 Over lines of railroad and rail classification yards

 Over expressways

 Over nonresidential and noncommercial large-scale industrial areas

 Over private property when he has been commissioned by the person in legal 

possession of the property to do so
6

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the 

Reform Act relating to size, weight, speed, operating capabilities, proximity to airports 

and populated areas and operation within visual line of sight and national security. The 

Petition justifies grant of the requested exemptions allow the Petitioner to obtain aerial 

photography with his microdrone.

Respectfully submitted,

Jeremiah J Terhark

Webspec Design, LLC
Appendix

FAR section Subject Justification

14 CFR § 45.23(b) Requirement to display

registration number on 

vehicle

Insufficient space on

Vehicle

14 CFR Part 21 Aircraft certification

requirements and 

procedures

Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 61.3 Requirement for pilot

certificate

Part 61 requirements

designed for manned 

aircraft, not sUAS; 

petition describes 

training for sUAS 

operator

14 CFR § 91.7 (a) Airworthiness

requirement

Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.9 (b) (2) Requirement for manual 

to be available in the 

cockpit

No one aboard to read 

manual

14 CFR § 91.103(b) Requirement for crew 

members to be onboard

Unmanned vehicle

14 CFR § 91.109 Requirement for dual 

controls during flight 

instruction

No one aboard to 

operate controls

14 CFR § 91.119 Minimum altitudes for

safe flight

Safety requires

operation below these 

altitudes

14 CFR § 91.121 Altimeter settings No one aboard to read

Altimeter

14 CFR § 91.151(a) Fuel requirements Vehicle does not use

Fuel

14 CFR § 91.203 (a) & (b) Requirement for

registration and 

airworthiness 

certificates to be 

onboard

No one aboard to read

Certificates

14 CFR § 91.205(b) Cockpit instruments No one aboard to read

7
requirement instruments

14 CFR § 91.215 Transponder

requirement

Vehicle has insufficient

useful load; will be 

operated below ATC 

radar coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.407(a) (1) Inspection approval

requirements

Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.409 (a) (2) Airworthiness

inspection

Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

14 CFR § 91.417 (a) & (b) Maintenance records

requirements

Designed for manned

aircraft; not suitable for 

off-the-shelf sUAS

8