January 31, 2016

U.S Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE

Washington, DC 20590

Contact Information:

Scott Okun

6 Bassetts Island #3079

Pocasset MA 02559

Mailing Address:

P.O. Box 3079

Pocasset MA 02559

508.737.3292

ScottOkun@Me.com

RE: Petition of Scott Okun, for Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012.

Subject: Exemption Request to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 45.29 

(3)(c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.121, 91.203, 91.151

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11, I, Scott Okun, hereby applies for an exemption from the Code of 

Federal Regulations (C.F.R), Federal Aviation Regulations (FARs) identified, to allow 

commercial operation of lightweight Unmanned Aircraft Systems (UAS) for aerial 

imaging and video. This exemption is made based on information outlined in this 

petition, to allow commercial operation of a DJI Phantom 3 Professional multi-rotor 

quadcopter equipped with a three-axis gimbaled camera, so long as operations are 

conducted within and under the conditions outlined herein or as may be established by

the Federal Aviation Administration (FAA) as required by Section 333 of the FAA 

Modernization and Reform Act of 2012. The FAA can have confidence that these

operations will be conducted at an equivalent level or greater level of safety than that 

of sUASs counterparts of larger manned aircraft. Approval of this exemption would 

therefore enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish 

requirements for the safe operation of such aircraft systems in the national airspace

system.”
1. Types of Operations

The requested exemption would permit the operation of small, unmanned 

sUAS aircraft under controlled conditions to provide the following services to the 

community;

 Real Estate photography

 Aerial Survey

 Aerial Photo/video

 Promotional advertisingmaterial

 Inspections of real estate properties

 Public entity support operations

 Precision agriculture aerial surveying

 Communications infrastructure inspection/monitoring

 Wildlife and forestry monitoring

 Pipeline inspection andpatrolling

 Construction site inspection and monitoring

 News media coverage

This exemption would permit operation of an ultra-light weight, unmanned (piloted by

remote control) sUAS in predetermined areas away from the general public, airports, 

heliports, and vehicular traffic. Operations would be conducted within federal 

guidelines, by a FAA Licensed Pilot with the assistance of an Observer. Operations 

would be conducted after carefully reviewing, inspecting, and examining the area of 

aerial operation to ensure the safety of persons and property.

2. REQUESTED RELIEF

I am requesting a grant of exemption of the following sections of Title 14 of the Code 

of Federal Regulations:

□ 14 CFR21;

□ 14 CFR 91, et seq;

□ 14 CFR 45.23 (b);

□ 14 CFR 61.113 (a) & (b);

□ 14 CFR 407 (a)(1);

□ 14 CFR 409 (a)(2);

□ 14 CFR 417 (a) & (b).

I am also requesting an Exemption from Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations for the following:

□ 14 CFR 45.23 (b);

□ 14 CFR Part 21;

□ 14 CFR 61.113 (a) & (b);

□ 91.7 (a);
□ 91.9 (b)(2);

□ 91.103 (b);

□ 91.119;

□ 91.121;

□ 91.151 (a);

□ 91.203 (a) & (b);

□ 91.405 (a);

□ 91.407 (a)(1);

□ 91409 (a)(2);

□ 91.417 (a) & (b).

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 91.7 (a)

14 CFR § 91.203 Given the size, weight, speed, and limited operating area 

associated with the UAS aircraft to be utilized, I am asking exemption from 14 CFR 

Part 21,Subpart H (Airworthiness Certificates) and §91.203 (a) and (b) (Certifications 

required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under14 CFR Part 11 and Section 333 of 

the Reform Act.

The Federal Aviation Act U.S.C. 44701 (f) and 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 UAS. In all cases, an 

analysis of these criteria demonstrated that the UAS operated without an airworthiness 

certificate, in the restricted environment and under 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. I 

request an exemption from 14 CFR 91.7 (a) Civil Aircraft Airworthiness.

14 C.F.R. 45.23(b): Marking of the Aircraft

I request an exemption from §45.23 Marking of the aircraft as my UAS does 

not have a cabin, cockpit or pilot station on which to placard certain words or phrases. 

Additionally lettering is difficult to place on such a small aircraft with dimensions

smaller than the minimal lettering requirement.

Even though the UAS will have no airworthiness certificate, an exemption may

be needed. The word “Experimental” could be placed on the UAS to comply with 

45.29 (f) in a size suitable for the available space. The UAS is equipped with LED 

lights to aid in visibility.
14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in 

command

Under §61.113 (a) and (b) private pilots are limited to non-commercial 

operations, however I can achieve an equivalent or higher level of safety as achieved 

by current regulations because my UAS does not carry any pilots or passengers. I hold 

an ATP pilot certificate with thousands of hours of experience in the national airspace 

system thereby giving these operations a very high level of safety.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

An exemption to the part is required as there is nowhere to place a copy of a 

flight manual on board the UAS. An equivalent level of safety will be maintained by

keeping the flight manual available to the PIC during all operations.

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action

This requires each PIC to take certain actions before flight to insure safety of 

flight. There is no approved flight manual, however the PIC will take actions prior to 

flight by reviewing the weather, flight battery requirements, and ensuring there is a

safe location to land and depart so as not to cause undue hazard to people or property 

on the ground and to always follow manufactures manual recommendations regarding 

pre-flight procedures.

14 CFR 91.119: Minimum Safe Altitudes

Due to the limitation that operations be conducted at or below 400 feet AGL, 

an exemption will be necessary to meet 91.119. The typical UAS flight will be 

operated as follows:

 Operate the UAS for 10-15 minutes per flight, land my UAS 

according to the manufacturers recommended minimum level of 

battery power.

 Always operate my UAS only within visual line of sight (VLOS).

 Always obtain all necessary permissions/permits prior to operation.

 Procedures in place to abort flights in the event of safety breaches or 

potential danger.

14 CFR 91.121: AltimeterSetting

The UAS is not equipped with an altimeter setting device. GPS will be used 

on board the UAS to determine altitude by reference to the ground (AGL).
14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

An exemption from 91.151 will be necessary as the normal flight time will 

only be 10- 15 minutes. The UAS utilizes battery power so a long duration flight is not 

possible. Also since all flights will be conducted in Visual Line of Sight (VLOS), this 

requirement is not applicable.

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

Inspections

These regulations require the owner/operator to have the aircraft inspected as 

prescribed in subpart E of this part. An equivalent level of safety will be maintained 

because of the small size and limitations of this UAS. Maintenance will be

accomplished by the operator pursuant to the owners’ manual. The operator will 

ensure that the UAS is in proper working order prior to each flight, perform necessary

maintenance, and keep a log of maintenance procedures. The PIC is the person most 

familiar with the UASs operation and is best suited to maintain in an airworthy

condition to provide equivalent level of safety.

Commercial and Public Benefits

Granting this exemption will provide a safe (by way of a unmanned system) and

efficient means to meet technical problems solvable by elevated data collection 

instruments. The typical potential customer is a small to medium size business and 

individuals who would be unable to acquire this service by manned aircraft due to 

associated high costs. By moving these functions to UAS based aircraft more people 

may benefit from this service and at the same time reduces aircraft noise, pollution, 

and reduces airport congestion.

In addition, it will reduce the amount of people and property exposed to the 

hazards of a manned aircraft flying at low altitude with the potential for catastrophic 

results. There are no combustibles on-board the UAS, thus eliminating the risk of 

explosion and fire due to a crash. The operation of this UAS will minimize ecological 

damage and promote economic growth by providing information to local companies 

that would otherwise be unavailable. Additionally, this system would eliminate a 

distraction to air traffic controllers who must monitor aircraft thus reducing ATC 

workload.

The use of UAS, would allow these services to be provided and thus benefit both 

the community and aviation by:

1. Providing a lower cost to the individual needing these services.

2. Zero emissions from the UAS.

3. Reduced noise over an aircraft.

4. Reduced hazard to people or property on theground.
The use of a UAV will provide a level of safety at least equal to existing rules

and will only be operated in a safe environment that is strictly controlled. Operations 

will only be conducted after a careful review of the area and weather conditions. 

Safety is the number one priority.

Additionally:

 I will not operate within 5 miles of an airport unless prior permission from 

the appropriate Air Traffic Control facility has been received

 I will land my UAS prior to manufacturer recommended minimum level of 

battery power

 I will always pilot my UAS through visual line of sight (VLOS).

 The DJI Phantom 3 Professional sUAS uses GPS and a return to home 

(RTH) feature whereby it returns to a preprogrammed position and then

lands if communication with the remote control pilot is lost.

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

update and enhance safety protocols.

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

is always of primary importance.

 I always obtain all necessary permissions/permits prior to operation.

 I have procedures in place to abort flights in the event of safety breaches or 

potential danger

4. SUMMARY

Granting this exemption benefits the community by reduced air pollution and 

noise. The economy benefits by the creation jobs for small businesses. The consumer 

benefits from reducing the cost of this service. The FAA benefits by regulating the use 

of UASs so that safety and accountability can be maintained and monitored.

Approval of exemptions allowing commercial operations of UASs in the media 

will enhance safety by reducing risk associated with conventional aircraft operations. 

The operation of UASs weighting less than 55lbs by a certified pilot will enhance safety

to the community increase awareness of properly flown UASs, eliminate the risk of 

collision with aircraft operating in the airspace and around airports and provide jobs.

Thank you for your consideration,

Scott Okun