JOEL R VALENTINE

15 Hopper Road

Ivoryton, CT 06442

joelrvalentine@gmail.com

January 12, 2016

To: Federal Aviation Administration

US Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E

Washington, DC 20590

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

Regulations

To Whom It May Concern:

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

Act) and 14 C.F.R. Part 11, Joel Valentine, operator of Small Unmanned Aircraft Systems (“UASs”) 

equipped to conduct aerial electronic data collection and aerial photography for the commercial video 

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

allow commercial operation of its UASs, 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 more fully below, the requested exemption would permit the operation of

small, unmanned 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 safe operations in the aerial filming and monitoring industry

presently using conventional aircraft. 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.

APPLICANTS NAME AND ADDRESS:

Joel Valentine

15 Hopper Road

Ivoryton, CT 06442

203-726-0043 / joelrvalentine@gmail.com

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

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

Aviation Regulations from:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

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 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

PETITION SUMMARY:

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

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

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

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 UASs, 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).

Joel Valentine's UAS(s) are rotorcraft, weighting 55 or fewer lbs. including payload.

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. They will

operate only in line of sight and will operate only within the sterile area. Such operations will insure

that the UAS will “not create a hazard to users of the national airspace system or the public.” 

Given the small size of the UASs involved and the restricted sterile environment within which

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of UASs to commence immediately. Also due to the size of the UASs and the

restricted areas in which the relevant UASs 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, reduction in environmental impacts, including reduced emissions associated

with allowing UASs for commercial video 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 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 commercial video filming operations conducted with conventional aircraft.

These limitations and conditions to which Joel R Valentine agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 20 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 UAS Pilot and observer.

6. UAS pilot will be an FAA licensed airman or will hold a valid driver’s license.

7. The UAS will only operate within a confined “Sterile Area” as defined in the Manual.

Section C of the Manual requires the establishment of a “Security Perimeter” for the flight

operations area.

8. 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.

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

be obtained.

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

return to a predetermined location within the Security Perimeter and land.

11. The UAS will have the capability to abort a flight in case of unpredictable obstacles or

emergencies.

PUBLIC INTEREST AND BENEFIT IN GRANTING EXEMPTION:

The requested exemptions would permit the operation of a UAS under controlled conditions in the 

NAS that would be a) limited b) controlled c) predetermined, and d) will provide safety enhancements 

such as limited exposure to flight crew, climbing crews, weight of vehicles, speeds of usage, non use 

of volatile fuels, etc. Approval of this exemption would thereby enhance safety and fulfill the Secretary 

of Transportations and FAA Administrators responsibilities to "...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.
The public, as well as businesses, will minimize their footprint and, at the

same time, control costs while improving safety. Drones in commercial applications achieve

this is several levels:

• Decreased congestion of the National Airspace System

• Zero emissions

• Decreased noise pollution

• Limiting human exposure to inherently dangerous operations.

In addition this relatively new technology provides clients access to photographic and video services 

that were not previously cost effective. UAS's are powered by batteries, they are a smaller, lighter and 

more maneuverable than larger aircraft running on combustible fuel. They operate at lower altitudes 

(under 400ft) with no people on board thereby reducing current risk levels and enhancing public 

safety. With a small payload and maximum flight time of approximately 20 minutes, UAS's offer little or

no risk to national security. In addition, the Flight Controller has its own built in flight restrictions in 

special use areas.

PROPOSED OPERATION AND INTENDED USE:

Commercial operation of the UAS, as described herein, which is equipped with a camera and

sensors, would operate in the following manor:

 Aerial photography and/or video for public and/or private use including real estate, tourism, 

hospitality, architecture, land surveying, marketing, construction, and other related professional 

activities and industries.

 Aerial video and/or photography of for public and/or private use including television, public

events, cinematography and news gathering.

 Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

MAKE AND MODEL FOR PROPOSED OPERATIONS OF THE UAS:

The primary vehicle to be used will be the 3DR Solo, battery operated 4-motor quad copter that takes 

off and lands vertically. While vehicles may be upgraded as new technological and safety advances 

occur the bar for operation and safety will be set by 3DR Solo and any new vehicles or versions will 

exceed the current safety and operational standards. The operation limitations proposed for an 

equivalent or higher level of safety because operations will further enhance the safety of the persons 

and/or property using conventional aircraft. These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued exemption as set 

forth in the flight operations manual. 

The 3DR – Solo Drone Quadcopter is an electric powered quad copter weighing less than three 

pounds and is operated via a handheld remote that features “Return to Home”, “Follow Me”, and “Way 

point/Tether” commands. The Return to Home feature can be triggered manually and the UAS unit 

works off of a secure 2.4 GHz down-link for remote control. The video function works on 2.4 GHz 

frequency video. The default altitude setting for the 3DR – Solo Drone Quadcopter is 400 feet AGL. 

The camera system is a Hero 4 and is operated from the handheld remote control. Both units are 

powered by separate single batteries giving the 3DR – Solo Drone Quadcopter approximately 25 

minutes of flight time. 
The UAS Includes:

 An on-board flight computer with GPS navigation and location ability that receives signals for

flight controls from a ground-based transmitter/controller.

 An on-board camera capable of capturing imagery in the form of full color, high definition still

photos and video.

 An on-board telemetry system that delivers flight data from the on-board flight computer to the

on-board radio transmitter including altitude AGL, horizontal and vertical speed, compass

direction of flight and direction back to it launch site.

 FCC Approved 2.4Ghz on-board radio transmitter that transmits live video from the

on-board camera plus all the flight data from the telemetry system described above.

Ground Station:

 A Pilot in Command (PIC) in operational control of a mission from beginning to end, and who

controls the UAS while in the air.

 A 2.4Ghz radio transmitter/controller operated by the PIC to control the UAS while in flight.

 Ground Station which receives and displays video and system telemetry real time from the UAS.

 A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UAS

while in flight.

UAS Operating Guidelines:

The UAS will weigh less than 55 lbs

The UAS will have a maximum operating speed of no more than 55 mph

Flights will be operated within line of sight of the pilot in command and/or visual observer

Maximum flight time for each operational flight will be 15 minutes. Flights will be terminated at

25% battery power reserve.

Flights will be operated at altitude of no more than 400 feet above ground level.

UAS will NOT operate.

5 nautical miles (NM) from an airport having an operational control tower; or

3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

 NM from an airport without a published instrument flight procedure or an operational tower; or

2 NM from a heliport with a published instrument flight procedure

The UAS pilot will be designated pilot in command and hold a private pilot’s license and/or a

Current State Drivers License. 

All flights will occur under visual flight rules meteorological conditions (VFR only).

The operator will obtain verbal/written consent of all persons involved with the planned

operations and ensure only consenting persons will be allowed within 100 feet of the flight

operation.

The PIC will have been trained in operation of UAS and receive up-to-date information

for the particular UAS to be operated.

Written and/or verbal permission and permits will be obtained from territorial, state, county or

city jurisdictions, including law enforcement, fire or other appropriate governmental agencies.

If the UAS loses communications with the remote controller or losses GPS signal, the UAS will

have the capability to return to a predetermined location within a designated location and land

autonomously.

The UAS will have the capability to abort a flight and return to designated landing area in case of

unpredictable obstacles, weather, or emergencies.

PIC instructed to switch UAS to automatically return home in event either are

incapacitated.
PRIVACY:

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge. Filming will be of people who have also consented to being filmed or

otherwise have agreed to be in the area where filming 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 in the commercial video production industry.

CONCLUSION:

For the aforementioned reasons the applicant , Joel R Valentine, respectfully requests an Exemption 

Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations to operate the 3DR Solo UAS.

Sincerely,

JOEL R VALENTINE

15 Hopper Road

Ivoryton, CT 06442

joelrvalentine@gmail.com

203-726-0043 mobile