Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Dec 28th, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, S.E. 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

Subject: Petition for Exemption under Section 333 of the FAA Modernization and Reform Act 

and Part 11.81 of the Federal Aviation Regulations 

Petitioner: 

David F. Toth

3735 Camellia Dr. 

San Bernardino, CA. 92404

Tel.: 909.648.3372

Email: ferenc@outerrimphoto.com

Website: www.outerrimphoto.com 

Dear Sir or Madam,

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

and 14 C.F.R. Part 11.81, Outer Rim Photo, hereby applies for an exemption from the listed 

Federal Aviation Regulations ("FARs") to allow commercial operation of its small, unmanned 

aircraft, equipped to conduct aerial videography and aerial photography for the commercial real 

estate and video industry. All operations shall be conducted within and under the conditions and 

limitations outlined previously by the FAA as required by Section 333 and conducted in 

compliance with the attached operator’s manuals. 

1. Sections from which exemptions are sought: 

Application is hereby made for exemption from: 

a. 14 CFR Part 21, subpart H 

b. 14 CFR Part 61.113(a) and (b) 

c. 14 CFT Part 91: 

i. 91.103(b)(2) 

ii. 91.105 

iii. 91.109 

iv. 91.119 

v. 91.121 

vi. 91.151 

vii. 91.405 

viii. 91.407 

ix. 91.409 

x. 91.417
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

2. Relief sought: 

a. Outer Rim Photo wishes to operate small Unmanned Aircraft Systems (UAS) for commercial 

purposes to include photography and videography.

This relief is sought because commercial use of sUAS is currently prohibited by law unless 

performed under an exemption. 

b. This exemption will cover use of the following airframes, all of which will weigh less than 55 

pounds including payload and energy sources: 

i. 3DR Solo (see https://store.3drobotics.com/products/SOLO)

ii. Other models to be added by future amendment to this exemption. 

3. Public benefit: 

a. Use of sUAS technology to obtain imagery currently obtained by use of manned flight or 

manual methods: 

i. Reduces statistical risk to human life due to manned aircraft accidents.

ii. Reduces the cost of obtaining such information, which benefits consumers and the economy. 

iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from 

manned aircraft. 

4. Safety not adversely affected: 

a. Aircraft will be registered and marked in accordance with Section 44711 and Part 47 and Part 

45, Subpart C. 

b. Aircraft will comply with maintenance and inspection requirements of the manufacturer. All 

repair and maintenance work will be conducted or approved by qualified personnel such as those 

authorized by 3DR (or equivalent), and will require a test flight after such work. Records of all 

maintenance and repair work will be kept in a maintenance log for each aircraft.

c. All flight operations will be conducted by at least two individuals (PIC and observer) who will 

maintain verbal communication capability with each other at all times during the flight, and who 

will remain stationary on the ground during the flight operations: 

i. A Pilot In Command (PIC) who possess the following credentials: 
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

. 

3. A bi-annual flight review under 14 CFR 61.56 

4. Successful completion of a UAS knowledge test in a specified form. 

5. At least 200 cycles and 25 hours of flight experience in a UAS rotorcraft (or UAS fixed-wing 

in the case of fixed-wing flight operations under this exemption). Such cycles and hours may be 

gained during flights under this exemption if a safe distance is maintained from persons in 

accordance with 14 CFR 91.119. 

6. At least 5 hours of flight experience and 3 takeoffs and landings in make and model being 

flown in the prior 90 days. Such cycles and hours may be gained during flights under this 

exemption if a safe distance is maintained from persons in accordance with 14 CFR 91.119. 

ii. A Visual Observer. 

iii. A Sensor Operator as necessary. 

d. All flight operations will be conducted in accordance with valid Certificates of Authorization. 

e. All flight operations will comply with the following: 

i. The manufacturers’ user manuals. 

ii. Outer Rim Photo Flight Operations and Procedures Manual (FOPM) and Aircraft Flight 

Manuals (AFM) which include lost communication and other emergency and safety procedures. 

iii. Conducted in VMC conditions during daylight hours. 

iv. PIC and VO will maintain VLOS at all times.

v. Pre-flight inspections (including ground control station, if any) and safety risk assessments 

will be conducted prior to each flight. 

vi. Flight altitudes will remain below 400 feet above ground level. 

vii. Flight ground speeds will not exceed 50 knots. 

viii. Not intrude into Class B, C or D airspace, or published approach, SID or STAR, or take 

place within 5 nautical miles of an airport. 

ix. Not be made near persons as required in 14 CFR 91.119 and not over persons on the ground 

without their prior permission. 

x. Each flight will be logged in both the PIC’s logbook and the aircraft logbook. 
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 minutes, whichever 

occurs first. 

xii. Any incidents will be reported within 24 hours of occurrence. 

xiii. Outer Rim Photo will maintain liability insurance of at least $1,000,000 issued by a major 

aviation insurance underwriter. 

xiv. Any applicable local FSDO requirements. 

xv. All other applicable regulations concerned with the operation of aircraft. 

f. Aircraft will use FCC compliant 2.4 GHz for command & control of the aircraft with welldefined and tested lost link procedures. 

Please let us know if you have any additional questions or advise us of any additional 

information or changes that may be required.

Sincerely,

David F. Toth

3735 Camellia Dr. 

San Bernardino, CA. 92404

Tel.: 909.648.3372
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Appendix A

3DR SOLO

Product Image
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Appendix B

Outer Rim Photo

UAV Protocols and Controls
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Protocols and Controls

Aerial Photography and Videos

Safety for public on the ground as well as manned aircraft above is an essential and

utmost consideration for aerial videos and photography. As such, safety protocols and

controls must be implemented through pre-flight preparation and during flight.

Pre-Flight Protocol:

• Check batteries with voltage meter to insure fully charged and ready for use. 

• Inspect batteries for damage or leakage that may affect proper operation. 

• Inspect propellers for cracks, chips or damage that may cause sudden loss of

propulsion or unmanageable/uncontrolled flight.

• Check weather forecasts for wind advisory or other conditions that my impact

flight.

• Consult five (5) mile radius map for airport vicinity.

• Contact respective airport to advise of estimated flight time, estimated flight

duration, estimated elevation of flight, and any other pertinent information.

• Inspect flight area for

• Vicinity of public safety helipads/heliports

• Vicinity of medical helipads/heliports

• Vicinity of light poles

• Vicinity or utility wires

• Vicinity of trees

• flocks of birds that may cause interference and potential flight impact!

• Vicinity of any elevated obstructions that may pose potential flight hazard!

• Vicinity of roadways with moderate to heavy traffic that can be distracted!

• Public gatherings that may attract viewers!

• Optional point of control for best visual site of UAS while in flight!

• Takeoff and landing!

• Inspect area for best and safest point of takeoff and landing!

• If in a subdivision or area that is within 150 feet of a residential street, post

warning sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain

Back 150 Feet “

Flight Protocol:

• Takeoff and land from same location!

• Remain alert to birds, sound or aircraft, curious public, and approaching vehicles!

• Do not allow anyone to engage in conversation or distract the remote control pilot!

• Restrict flight to minimal elevation sufficient to acquire desired results!

• Remained prepared for emergency landing at all times!

• Pay attention to flight time!

• If possible set a timer as a safety alert

• Land UAS and shut down propulsion immediately following landing.
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Post Flight:

a. disconnect battery to prevent accidental activation of propulsion system

b. secure UAS in a safe location!

c. remove all warning signs from public access areas

Emergency or Suspected Hazard:

• Immediate land UAS at safest and closet ground location in the event!

• Manned aircraft is heard or seen in vicinity of flight

• There is a public gathering within established safety boundary wanting to

observe flight

• Pilot is being distracted from focusing on flight and safety

• Sudden change in weather (wind bursts)

• Sudden increase in vehicular traffic in vicinity of flight

• Birds enter into proximity of flight

• Any sudden unsafe event that can cause collision, distraction or interruption of

Control
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Appendix C

Outer Rim Photo

Safety/Flight Manual
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Safety Flight Manual

Aerial Photography and Video

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial

videos and photography. Maintaining a record of safe flight for FAA request and for determining future UAS safety

protocols is imperative.

Date: ____________________ Location: ______________________________________

Pre-flight Inspection: ___ Yes ___No Comment: _______________________________

Elements (Circle) (Circle) Comment

Weather Good Fair

Visibility Good Fair

Wind Speed Low Medium

Proximity to airport: _________________ (see attached map pin pointing approximate location of flight)!

Airport notified: ___ Yes __ No Date: _______________ Time: ______________

Phone Number: ___________________ Contact Name: ________________________

Nearest major intersection: _______________________________________________

Proximity to medium traffic road: ___________________________________________

Proximity to heavily traveled roadway road: __________________________________

Proximity to congested population: _________________________________________

Approx. Takeoff Time

Approx. Landing Time

Estimated Elevation

Safety Concerns:
Outer Rim Photo - San Bernardino, CA - Section 333 Exemption Petition

Additional Comments: