October 16, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Petitoner:

Henry Cummings

Cummings Photography, LLC

21 Jaytee Court

Havana, Fla. 32333

RE: I Henry Cummings, petitioner and owner of Cummings Photography, LLC request for 

exemption from multiple regulatory provisions to allow the use of small, unmanned aerial systems 

(UAS).

Dear Sir or Madam: 

I Henry Cummings petitioner and owner of Cummings Photography, LLC respectfully request an 

exemption from several provisions of Title 14 of the Code of Federal Regulations (CFR PART) to permit 

the use of small, unmanned aerial systems (UAS) for the purposes of photography and videography. The 

use of such systems would provide much safer alternatives to fixed or rotary wing craft as well as being 

much safer than other methods of collecting photographic and video graphic data.

Petitioner seeks the requested exemptions to permit petitioner to offer commercial small UAS services for 

a variety of industries and applications, including:

 Aerial Mapping

 Aerial Advertising

 Aerial Surveying

 Forest and Wildlife Conservation

 Agricultural operations

 Event Photography and Videography (i.e. weddings, parties, recreational activities)

 Patrolling (pipelines, power lines, towers, roofs, buildings and canals);

Regulatory Basis for Request

This request is in accordance with Section 333 of the FAA Modernization and Reform Act of 

2012. Through which Congress acknowledged the use of such systems prior to the finalization of specific 

small UAS rules and regulations. Until such time as these regulations are finalized, the Secretary of 

Transportation is required to make a determination whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS). As part of such determination the Secretary is to 

consider the following: 

- The small UAS’s size, weight, speed, and operational capability; 

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

- Operation of the small UAS within visual line of sight of the operator. 
Background 

Cummings Photography, LLC is a start-up company offering small unmanned aircraft system (UAS) 

services. The objective is to provide safe, reliable, cost effective services to customers in the North 

Florida and South Georgia. Cummings Photography, LLC is located in Havana, Florida. In addition to 

being the owner and operator, I will also be the pilot in control (PIC). I previously held a technical class 

amateur radio license and have hands on experience building a remote controlled robot (battle bot) for 

competitive entertainment purposes. I have more than 30 years of experience building and supporting 

automated business systems for the State of Florida and possess valuable experience setting, documenting 

and following best practices, procedures and protocols to ensure safe and reliable results from technology 

implementations. I have been using remote controlled equipment for more than 30 years and would like 

to leverage my collective experience to provide safe, economical and environmentally friendly aerial 

drone photography and videography services in the North Florida and South Georgia geographical area.

Name and Address of Petitioner

Henry Cummings (PIC)

Cummings Photography, LLC 

21 Jaytee Court

Havana, Fla. 32333

Email:CummingsHL@comcast.net (preferred method of contact)

Phone: (850) 933-7152

DJI Phantom 3 small Unmanned Aircraft System (UAS)

The small UAS of choice for providing photography and videography services are the DJI Phantom 3. 

The small UAS is equipped with safety features that will allow the aircraft to return home, if the signal is 

lost or return home with the press of a button. The aircraft has an electronic limiter to prevent the aircraft 

from exceeding 35 miles per hour. The controller operates at 2.4 GHz. The aircraft is equipped with a 

camera for taking photos and video footage. It also has the ability to hoover in place if the controlling 

signal is lost prior to initiating the “Return Home” safety feature. The aircraft is equipped with optical 

sensors to allow for indoor flying. Detailed information regarding fail safe features, operating conditions 

and other specifications can the reviewed in the attached manuals.

DJI Phantom 3 – All manufacturer recommendations will be followed.

See Attached Manuals:

 DJI Phantom 3 Pilot Training Guide

 DJI Phantom 3 User Manual

 DJI Phantom 3 Professional User Manual (Too large – link to download below)

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.0_en.pdf

 DJI Phantom 3 Intelligent Flight Battery Safety Guidelines

 DJI Phantom 3 Safety Guidelines
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The petitioner proposes that the exemption requested herein apply to civil aircraft that have the

characteristics that operate with the limitations listed herein. These limitations provide for an exceptional 

level of safety for all flight operations. 

These limitations and conditions to which I, Henry Cummings agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

 DJI Phantom 3 small UAS is designed to hover in place via GPS and operate in less than a 13 

knot (15 mph) wind. For safety and flight stability, I will not fly in winds exceeding

13 knot (15 mph).

 The DJI Phantom 3 has a “Beginner Mode” which will limit altitude during training exercises

 The DJI Phantom 3 has built in safety systems include a GPS mode that allows my small UAS to 

hover in place when radio controls are released.

 The DJI Phantom 3 has GPS a flight safety feature whereby it hovers and then slowly Lands if 

communication with the remote control pilot is lost;

 I will actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols;

 With three programmable flights modes to choose from, I will utilize the P-mode which provides 

optimum stability and landing characteristics by leveraging GPS and Vision Positioning using 

optical sensors. This is the safest, most reliable and stable mode to prevent accident and hazard.

 When pilot communication is lost for an extended amount of time the small UAS is designed to 

slowly descend and return to the point of take-off.

 No flight operations shall take place near airports, Hospitals nor Police heliports.

 DJI Phantom 3 is capable of vertical and horizontal operations, and will be flown within the

visual line of sight (VLOS) of my location.

 Utilizing battery power rather than combustible fuels, flights will generally last less than twenty

(20), with an altitude under three hundred (200) feet

 DJI Phantom 3 small UAS weighs approximately 2.8 lbs. complete with gimbal and high

resolution camera system including battery system;

 DJI Phantom 3 only operates for 10-20 minutes per flight;

 I will land the DJI Phantom 3 prior to manufacturer recommended minimum level of battery 

power;

 I will keep the small UAS within visual line of site (VLOS) at all times.

 I will require the visual observer (VO) to keep the small UAS within visual line of site at all 

times.

 I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to 

land/abort immediately to the nearest and safest ground point should a manned aircraft approach 

the area where the small UAS is performing flight operations.

 I will actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols;

 I will operate the small UAS below 200 feet (well within the 400 foot permissible ceiling set by 

the FAA Modernization and Reform Act of 2012);

 I will operate the small UAS in reasonably safe environment that is strictly controlled, away from 

power lines (unless the purpose of flight is to investigate the power lines), elevated lights, airports 

and actively populated areas;

 I will conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance;
 I will always obtain all necessary permissions prior to operation; and, will have procedures in 

place to abort flights in the event of safety breaches or potential danger.

 I will operate outside of 5 nautical miles of an airport reference point, as denoted on a 

published aeronautical chart, unless written permission is first obtained from any 

applicable airports, and the airport files a NOTAM describing flight duration and area of 

operation. 

 I do not intend to conduct flight operations in areas that have existing requirement to 

notify the FSDO but will comply by doing so it the situation occurs.

PIC Qualifications and Responsibilities

Henry Cummings (PIC) will have accumulated and logged a minimum of 20 hours of total logged time 

with the DJI Phantom 3 prior to performing commercial flights. The visual observer (VO) must be able 

to maintain visual line of sight with no assistance beyond corrective lenses. It is the responsibility of the 

PIC to make the determination for a qualified VO and to be aware of VO limitations. Moreover, the VO 

will not be operating the small UAS. The small UAS will not be operated within 5 nautical miles of an 

airport and will not be flown at altitude which exceeds 200 ft. The small UAS shall not operate at speeds 

exceeding 35 miles per hour.

Granting an Exemption is in the Public Interest

In regards to specific requests the FAA has adopted requirements, providing that applicants of such 

requests shall explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety compliance with the underlying regulation. 

In this case, approval of this exemption would advance the public interest by significantly enhancing the 

safety of persons performing high risk activities like walking on building tops to assess structural 

integrity, viewing undeveloped land features in areas that may contain dangerous animals, walking on 

roof tops that may be slippery and resulting injury or fatality, entering hazardous areas to locate lost 

people or animals, or climbing high risk structures to perform visual inspections. Other reasons for public 

interest is to greatly improve efficiencies for performing agricultural studies, improved real estate sales by 

providing better views, promotion of healthier living by capturing breath taking views of hiking trails and 

kayak adventures to encourage active lifestyles. Further reasons include reductions in noise pollution 

caused by large winged aircraft and the reduction in emissions caused by biofuels.

The safety, environmental, financial, agricultural and improved efficiencies are just a few of the unlimited 

reasons granting this exemption is in the public interest.

As described more fully below, the requested exemption would permit the operation of small UAS under 

tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety, both 

the public and the worker. 

By using a small UAS for such operations, a higher level of safety can be achieved for three primary 

reasons:
 First, the potential loss of life is diminished because a small UAS carries no person onboard and 

will only be operated in specific areas, away from mass populations.

 Second, there is no fuel on-board a small UAS, and thus the potential for fire or explosion is

greatly diminished.

 Third, the small size and extreme maneuverability allows for greater control on the behalf of the 

pilot in order to avoid and move away from hazards quickly and safely.

 High risks activities associated with collecting imagery data such as climbing, rope propelling, 

walking on possible compromised surfaces or flying in manned aircraft will be reduced and often 

eliminated.

In addition, approval of this exemption would greatly reduce air traffic, air craft noise, save aircraft fuel 

and potential loss of life. 

Provisions for which an exemption is sought 

14 CFR Part 21

14 CFR Part 61 

14 C.F.R. 91.103

14 C.F.R. 91.105

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)

Explanation: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA 

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular small 

UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at least 

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed. 

The small UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, does 

not carry explosive materials or flammable liquid fuels, and operates exclusively within a secured area as 
set out in the manufacturer’s manuals. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and a visual observer, pursuant to the user’s manual

requirements, and under the requirements and in compliance with local public safety requirements, to 

provide security for the area of operation. The application of the same criteria demonstrates that there is 

no credible threat to national security posed by the small UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft & 14 C.F.R. Part 47. Aircraft Registration 

These regulations require: 

When marks include only the Roman capital letter "N" and the registration number is displayed on

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable. 

Due to the size of the small UAS, it is not possible to comply with the registration number size regulation. 

An exemption is requested. Cummings Photography, LLC will register the small UAS under the 

appropriate serial number in accordance with the referenced regulation. 

Cummings Photography, LLC will mark the fuselage with a Registration Number as large as practicable 

in locations on the small UAS as feasible. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the small UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the pilot in control of operating the aircraft to 

consistently follow the steps in a pre-flight checklist and to use small UAS that have inherent features to 

ensure the small UAS either return to home upon loss of signal or land itself safely upon signal loss or 

other failure. Unlike a conventional aircraft that carries the pilot and passengers, the small UAS is 

remotely controlled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance. The level of safety provided by the requirements 

included in the manufacturer’s manuals exceed that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. All flights will have PIC and VO. The risks associated 

with the operation of the small UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations and granting of this exemption 

of the small UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved 

by 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. Part 61, additional subparts 

When the FAA introduces small UAS specific regulations (such as 14 C.F.R. 107), Cummings 

Photography, LLC will transition to the appropriate licensure at that time.
14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the manual for maintenance and use of safety check lists prior to each flight an 

equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft.

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

The small UAS, given its size and configuration does not have the ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the operations procedures manual and all 

manufacturer manuals at the ground control point where the pilot flying the small UAS will have 

immediate access to appropriate manuals. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. 

Cummings Photography, LLC can provide an equivalent level of safety as set forth in small UAS user

manual. The Pilot in Control in the presence of the visual observer will perform pre-flight checks 

including reviewing weather conditions, flight battery requirements, controller battery levels, UAS battery 

level, landing and takeoff distances, identification of potential hazards and flight path assessment prior to

initiation of flight. 

All non-essential flight personnel will be asked to leave the small UAS operational area and will be 

informed of the presence of UAS flight in progress. Both pilot in control (PIC) and visual observer (VO)

will maintain visual line of sight at all times. For additional safety in maintaining line of sight, the small 

UAS is equipped with a return to home feature.

Flight Environment Requirements to be followed according to small UAS manufacturer:
1. Do not use the aircraft in severe weather conditions. These include wind speed exceeding 

category 4, snow, rain and smog.

2. Fly in open fields as high buildings or steel structures may affect the accuracy of the onboard 

compass.

3. Keep the DJI Phantom 3 away from obstacles, crowds, high voltage power lines, trees or 

bodies of water when in flight.

4. Reduce the chance of electromagnetic interference by not flying in areas with high levels of 

electromagnetism, including base stations or radio transmission towers.

5. The DJI Phantom 3 cannot operate within the polar areas.

6. Do no fly the aircraft within no-fly zones specified by local laws and regulations.

The following pre-flight check list from the safety user manual will be initiated prior to all flights:

1. Remote Controller, smart batter, Range Extender and smartphone are fully charged.

2. Propellers are mounted correctly.

3. Gimbal clamp has been removed.

4. Damping absorbers are in good condition, not broken or worn.

5. Anti-drop kits have been mounted correctly.

6. Camera lens cap has been removed

7. Micro-SD card has been inserted in necessary.

8. Gimbal is functioning as normal.

9. Motors can start and are functioning as normal.

10. DJI VISION App can connect to the camera.

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. 

Small UASs and remotely piloted aircraft, by their 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 communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. 

The equivalent level of safety is provided by the fact that neither pilot nor passengers will be carried in 

the aircraft and by the size and speed of the aircraft. Cummings Photography, LLC will ensure flight 

instruction to be in accordance with the manufacturer’s guidelines and by utilizing the Phantom 3’s

‘Beginner Mode’ function to train in the nuanced flight of the small UAS. Routine flight exercises will 

be performed monthly according to the training exercises which are detailed in the Phantom 3 Pilot

Training Guide.

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) allows aircraft 

to be operated at less than the minimums prescribed. 

As this exemption is for a small UAS, the exemption requests authority to operate at altitudes up to 200 

AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited 

conditions stated in the user manual, the small UAS will never operate at higher than 200 AGL. 
It will however typically be operated in a restricted area, where buildings and people will not be exposed 

to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the 

size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without 

the permission of the property owner or local officials. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, 

any risk associated with these operations is less likely than those associated with conventional aircraft. In 

addition, the low-altitude operations of the small UAS will ensure separation between these small UAS

operations and the operations of conventional aircraft that must comply with Section 91.119. 

Cummings Photography, LLC also notes that the proposed operations covered under this exemption 

request are intended to be conducted with minimum safe altitudes for the purposes of inspections, 

monitoring, collecting data and advertising. The operation of a small UAS close to large structures would 

provide a negligible flight hazard when compared to other conventional aircraft. 

14 C.F.R. §91.121 Altimeter Settings 

In pertinent part, this section 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 Petitioner’s small UAS may not have a barometric altimeter, it 

does have GPS altitude readout, an exemption may be needed. An equivalent level of safety will be 

achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator, and 

prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the 

PIC. The PIC will also ensure effective pairing with multiple GPS sources to guarantee accurate detection 

of altitude.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 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.” 

Cummings Photography, LLC believes that an exemption from 14 CFR §91.151(a) falls within the scope 

of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers or granted permission will be allowed, with 

less than 25 minutes of reserve fuel (battery), does not realize the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in 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 small UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on the 

small UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the small UAS for immediate access to them, to the extent they are applicable to the 

small UAS. The FAA has issued numerous exemptions to this regulation. 

14 C.F.R. §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 section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

should not apply to Cummings Photography, LLC small UAS. Maintenance will be accomplished by the 

operator according to the manufacturer’s recommendations. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and will carry a small camera and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the small UAS can land 

immediately and will be operating from no higher than 200 feet AGL. As provided in the user and safety

manual, the operator will ensure that the small UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed as well as logging all flight time. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety. 

Regulatory Relief from Other Sections as deemed appropriate by FAA 

Cummings Photography, LLC requests additional relief, to the extent practical, from provisions which the 

FAA has learned through the rulemaking process have proven impractical for the use of small UASs. 

EXHIBIT A – FEDERAL REGISTER PUBLICATION VERBIAGE 

Pursuant to 14 C.F.R. 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 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) 

(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 

(a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned aircraft system 

(UAS) which is 55lbs or less for the purposes of Aerial Mapping, Aerial Advertising Aerial Surveying, 
Forest and Wildlife Conservation, Agricultural operations, Event Photography and Videography (i.e. 

weddings, parties, recreational activities) and patrolling\inspecting (pipelines, power lines, towers, roofs, 

buildings and canals);

Conventional inspections require fixed wing aircraft, rotary winged aircraft or qualified climbers to work 

on or around electrical and other hazards. In contrast, a UAS weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board as well as limiting risk to Cummings Photography, LLC. The small UAS is transported or 

carried to the location and not flown. The small UAS will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. 

The operation of a small UAS, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial operations. 

The chosen small UAS (DJI Phantom 3) is a lightweight aircraft that will operate at slow speeds (no more 

than 35 mph), close to the ground in a controlled environment and, as a result, is far safer than 

conventional operations conducted with manned aircraft operating in close proximity to the ground and 

people

Cummings Photography, LLC is committed to safe operation and due to the foregoing reasons should be 

permitted to conduct small UAS operations in accordance with its manuals and all other operating 

parameters deemed necessary and appropriate by the FAA. Upon receiving our 333 exemption Cummings 

Photography, LLC plans to immediately apply for Certificate of Waiver or Authorization (COA).

In summary, reduction of local area air traffic and the reduction of noise pollution resulting from manned 

aircraft. The regulation and management of drone professionals for commercial purposes would assist in 

providing citizens and businesses with valuable low risk options for services best matched for small 

UASs. The safety, economical environmental, humanitarian and agricultural use of drones piloted by 

qualified professionals, justifies the approval of this exemption request.

Thanks,

Henry Cummings

Cummings Photography, LLC

21 Jaytee Court

Havana, Fla. 32333

Email: CummingsHL@comcast.net (preferred contact method)

Phone: 850-933-7152