UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Tucson Aerial Photography, TAP

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted 5 August 2015 by:

Tucson Aerial Photography, TAP

Larry Kelly, Proprietor

1517 N. Wilmot Rd #129

Tucson, AZ 85712

Cell: 520-405-8341

Email: pilot@taparizona.com

Website: www.taparizona.com

The objective is to start up a veteran owned small business including Aerial Video

Photography, Cinematography, Inspections and Agriculture surveying Services to provide high quality 

imaging for a variety of commercial and public uses, to include (but not be limited to):

 Utilization for visual inspection of equipment and buildings.

 Videography/Photography of Real Property

 Aerial Cinematography Services

 Construction site inspection and monitoring

 Precision agriculture surveying

Scope:

Tucson Aerial Photography, TAP seeks an exemption to operate DJI systems for compensation or hire 

within the NAS. The DJI Phantom 2, DJI Inspire 1, DJI S1000, DJI S900, DJI Matrice 100, and 3DR Solo are 

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The DJI Phantom 2 and 3 multi-rotor equipped with a three-axis 

gimbaled camera, a DJI Inspire 1 multi-rotor equipped with a three-axis gimbaled camera, a DJI S-900, S1000, DJI Matrice 1000 multi-rotor equipped with a three-axis gimbaled camera, and a 3DR Solo sUAS. 

These UAs all weigh less than 25 lbs., have a 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 and D 

airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, 

which means when the communication between the Main Controller and the transmitter is lost; the 

system will automatically trigger Return to Home and will land safely. 

Request:

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) of Title 14, Code of Federal Regulations (14 CFR) as was granted in Exemption Numbers 11351, 

11410, 12042 and 12111.

Petition:
I request an exemption from TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) 

(1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

The Extent Of Relief that Tucson Aerial Photography, TAP seeks

1. Extent of Relief that Tucson Aerial Photography, TAP seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot 

in Command holding a current Private Pilots Certificate to operate the above listed UAs. The flight would 

be complimented by a Visual Observer (VO) who, along with the pilot, will maintain Visual Line of Sight 

(VLOS) with the UAs at all times. All operations conducted will be incidental to Tucson Aerial Photography, 

TAP’s business. The UAVs are not able to carry passengers.

2. Extent of Relief that Tucson Aerial Photography, TAP seeks in regards to Section 91.7(a) Civil Aircraft 

Airworthiness Relief from Section 91.7(a) is requested to allow Tucson Aerial Photography, TAP to 

determine airworthiness of the UAVs. As part of this determination the following will be adhered to:

a) Prior to the UAS's flight the PIC will inspect the UAS to ensure it is in a condition that will be 

conducive for a safe flight. The ground control station will be included in the above inspection.

b) Tucson Aerial Photography, TAP will follow the UAS’s aircraft/component, maintenance, 

overhaul, replacement, inspection and life limit requirements.

c) Tucson Aerial Photography, TAP will comply with all manufacturers Safety Bulletins.

3. Extent of Relief that Tucson Aerial Photography, TAP seeks in regards to Section 91.119

Minimum Safe Altitudes General relief from 91.119 is requested to allow Tucson Aerial Photography, TAP 

to operate the UAs at altitudes not to exceed 400’ AGL over private property at a distance at or greater 

than 5NM from the nearest airport as depicted on current Aeronautical Charts. Tucson Aerial 

Photography, TAP also wishes to be granted exemption to operate at an altitude not greater than 50’ AGL

(below tree level) between 1NM and 5NM from the nearest airport as depicted on current Aeronautical 

Charts. Tucson Aerial Photography, TAP will adhere to the following in order to maintain an acceptable

level of safety associated with operations over private property:

a) Tucson Aerial Photography, TAP will maintain liability insurance of at least $1,000,000 

b) Tucson Aerial Photography, TAP will not allow the UAs to operate at a speed greater than

20 knots.

c) Tucson Aerial Photography, TAP will require the UA operator (PIC) to be fully trained on the

UAs by adhering to the recommendations contained within the UAS’s operating manuals.

d) Tucson Aerial Photography, TAP will have accumulated and logged, in a manner consistent

with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UA rotorcraft pilot including at 

least 10 hours logged as a UA pilot with a multi-rotor UAS. In addition the operator will have 

logged a minimum of 5 hours as a UAS pilot operating the make and model UASs that Tucson 

Aerial Photography, TAP operates.

e) Tucson Aerial Photography, TAP will be familiar with and able to manually institute the

UAS’s Return to Home (RTH) feature. This feature aborts a flight operation and automatically 

returns the UAS to a predetermined GPS safe point.

f) Tucson Aerial Photography, TAP will not operate over private property without first finding a

suitable alternate landing spot on the property.

g) Tucson Aerial Photography, TAP will abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

h) Tucson Aerial Photography, TAP will utilize a two man flight team consisting of the Pilot in

Command (PIC) and a Visual Observer (VO). This team will maintain visual line of sight with the 

UAS at all times and remain within hearing of one another.

i) Tucson Aerial Photography, TAP will not permit flight around vessels, vehicles and structures

without permission from the owner.
4. Extent of Relief that Tucson Aerial Photography, TAP seeks in regards to Section 91.121

Altimeter Settings Relief from 91.121 is requested because the UASs utilize electronic GPS with a 

barometric sensor. In order to maintain an equal level of safety that 91.121 requires, the PIC of

Tucson Aerial Photography, TAP’s UA will abort the flight in the events that the UA loses

communications with the GPS signal.

5. Extent of Relief that Tucson Aerial Photography, TAP seeks in regards to Section 91.151(b) Fuel

Requirements for Flight in VFR Conditions Relief from 91.151(b) is requested to the extent that allows 

Tucson Aerial Photography, TAP to operate the UAs up to a point (considering wind and forecast weather

conditions) that there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 25% battery power remaining.

6. Extent of Relief that Tucson Aerial Photography, TAP seeks in regards to Sections 91.405(a),

91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated with Airworthiness 

certificate Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent 

that allows Tucson Aerial Photography, TAP to operate the UAS Quad-Copter’s as necessary. These 

sections are all related to airworthiness certificates of aircraft. There is not currently an airworthiness 

certificate for small UAS’s. Tucson Aerial Photography, TAP would comply in full to any conditions and

limitations that the Administrator would place in order to receive an approved Grant of Exemption.

Public Interest:

Aerial videography for real estate marketing as well as surveying and inspection has been around for a 

long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense 

has been cost-prohibitive. Granting this exemption to Tucson Aerial Photography, TAP would allow this 

service at a much lower cost. My UAs will pose no threat to the public given its small size and lack of 

combustible fuel when compared to manned aircraft. The operation of my UAs will minimize ecological 

damage and promote economic growth by providing information to companies looking to relocate, 

survey, inspect or build in the Tucson area.

Conclusion:

As set forth herein, Tucson Aerial Photography (TAP) seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Phantom 2, DJI Inspire 1, DJI S1000, DJI S900, DJI Matrice 1000, and 3DR Solo UAs

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and 

photography over certain areas of the United States. In accordance with the FAA Modernization and 

Reform Act of 2012, Tucson Aerial Photography, TAP respectfully requests that the FAA Administrator 

grants this petition for exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS

61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 

91.417 (a) and (b).

Thank you,

Larry Kelly, Owner

Tucson Aerial Photography, TAP