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On Point Geomatics

Michael Todd McBee

345 Wildcat Trace

Paducah, KY 42003

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 

CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 

CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

I recently added aerial photography and video as a service to private entities, local businesses, 

tourism organizations and local government bodies. However, current regulations prohibit the use 

of UAS aircraft for commercial use. As a result, I’ve had to turn down every opportunity to conduct 

operations pursuant to further my business and leaving me indefinitely grounded. Permitting my 

company to use UASs for commercial purposes would allow me to increase my business, add a 

service to my community and local businesses, as well as allow me, financially, to donate my 

services to local law enforcement for their efforts, as needed. I’ve been involved in model aviation 

for nearly 25 years, in accordance with Advisory Circular 91-57. I’ve also been involved in 

conventional airplane flight since 2003. I’ve progressed to Private Pilot Single Engine Land with 

Instrument Rating. I believe I have an extensive understanding of the operation of conventional 

aircraft, classes and special use airspace, as well as an extensive understanding of the FAA’s stance 

on safety being the number one priority for every flight. I will apply that same safety culture to the 

use of UASs.

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

14 CFR Part 11, On Point Geomatics, operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

operation of its UAS, 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.
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Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner:

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

architecture, land surveying, engineering and other related professional activities.

 Aerial video and/or photography 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.

 Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers.

 Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

As described fully below, the requested exemption 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 to the already safe operations in the 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.”

The name and address of the applicant is:

On Point Geomatics

Attn: Michael Todd McBee, President

Ph: (270) 519-5586

Email: todd.mcbee@onpointgeo.com

Address: 345 Wildcat Trace, Paducah, KY, 42003
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Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

On Point Geomatics will operate the following aircraft:

 DJI Phantom 3

On Point Geomatics will operate the DJI Phantom 3 Professional UAS, with a total weight of 1280g 

or 2.82 lbs. The dimensions are 289mm x 289mm x 185mm or 11.78 inches x 11.78 inches x 7.28

inches. Under still air the maximum speed is no more than 16 m/s or 35.8 mph with a cruising speed 

of 6.7 m/s or 15 mph. The DJI Phantom 3 has the ability to hover and move along a vertical and 

horizontal plane simultaneously. The DJI Phantom 3 has four motors, motor model DJIP3-007 2312 

KV960, powered by a 4480 mAh 4s 15.2v Lithium Polymer battery. There are four counter rotating 

propellers, propeller models DJIP3-9450A and DJIP3-9450B, in use. The DJI Phantom P3 will be 

controlled with a DJIP3-010, 10 channel remote controller with an operating frequency of 2.400GHz 

– 2.483GHz. 

The applicant will operate the UAS in line of sight within a closed off and predetermined area owned 

and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided the proposed operations 

will adhere to the Reform Act’s safety requirements. The approval of this application presents no 

national security issues. Regarding the level of safety surrounding the proposed operations and the 

public benefit, reduction in environmental impacts, including but not limited to reduced emissions 

and noise, the grant of the requested exemption is in the public interest. Accordingly the applicant 

requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed below are for an equivalent or higher level of safety because of 

these limitations of our operations, will further enhance the safety of the persons and/or property and 
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those flying conventional manned aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption include:

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 50mph.

 A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems necessary 

to assist with the safe operation of the flight.

 Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO).

 Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 30 minutes of flight time, or 25% battery power reserve, whichever occurs first.

 Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS Pilot, and may include a Visual 

Observer (VO).

 The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a satisfactory 

Sport Pilot’s written exam along with a meeting and complying with the medical 

requirements for a Sport Pilot’s Certificate. If the PIC feels another operator to be qualified 

with the necessary skills to be PIC & possess the satisfactory Sport Pilot written exam, able 

to meet and comply with medical requirements of the Sport Pilot Certificate, that person may 

be designated PIC provided they have a minimum of 20 hours of flight time with the UAS.

 A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the days’ production activities.

 All flights will occur under Day Visual Meteorological Conditions (DVMC) only.

 The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport.

 If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other 

pertinent information. If requested by the airport manager or ATC facility, a Flight Service 

Station will be contacted for appropriate filing of a Notice to Airmen (NOTAM) of 

authorized UAS activities, location in relation to the closest published VHF Omnidirectional 

Range (VOR), radial, distance, and altitude block of the UAS activity.
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 The operator will attempt to obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 50 feet of 

the flight operation, and the radius may be reduced to 20 feet based upon an equivalent level 

of safety determination, with the exception of one person standing next to the PIC for 

observation of photo/video performance, so long as the flight is not conducted over the PIC. 

With the advanced permission of the FSDO, operations at closer range of additional persons

may be approved.

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

information for the particular UAS to be operated.

 The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

 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, the UAS will have the 

capability to return to a pre-determined location within a designated location and land 

autonomously.

 The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies.

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 UAS. In all cases, an analysis of these criteria demonstrates that the 

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 UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured and designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. These safety enhancements provide a greater degree of safety 

to the public and property owners than conventional operations conducted with airworthiness 
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certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the 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 

The regulation requires: 

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. 

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

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” 

can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of 

the UAS as “Experimental.” 

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation or hire. On 

Point Geomatics may achieve an equivalent level of safety as achieved by current Regulations 

because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant 

to the operation of UAS is far less than the risk levels inherent in the commercial activities outlined 

in 14 CFR 61. The PIC of the UAS will have a Private Pilot Written Exam completed satisfactorily

along with a current Third Class or higher Medical exceeding the current safety levels in relation to 

14 CFR 61.113 (a) & (b). I feel the operation and limitations set forth in the FOM will equate to the 

safe operation of the UAS.

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 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 
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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 UAS, given its size and 

configuration has no 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 flight manual at the ground 

control point where the pilot flying the UAS will have immediate access to it. 

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. The PIC will take all actions as stated in the FOM in Section 4 under 

Normal Procedures including but not limited to reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight. 

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. UAS 

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 provided by the fact that neither a pilot nor passengers will be carried in the aircraft 

and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

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

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the UAS is 

used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, 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. Because of the advance notice to the property owner and participants in the 

filming activity, all affected individuals will be aware of the planned flight operations. Compared to 
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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 far less than those 

presently presented with conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation 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 the UAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

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.” 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

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

or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would 

greatly reduce the utility for which the exemption will be granted. Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery 

power— whichever happens first. This restriction would be more than adequate to return the UAS to 

its planned landing zone from anywhere in its limited operating area. 

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. . . . 
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(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 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 

UAS. 

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

point where the pilot flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS. 

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 will not apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual and operating handbook. An equivalent level of safety will be achieved because 

the UAS is very limited in size and will carry a small payload and operate only in restricted areas for 

a limited period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. 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. 

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform required 

maintenance needed.
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Public Interest

The exemption request will permit On Point Geomatics to operate sUASs commercially for the 

purpose of aerial filming and photographing inspections of infrastructure, aerial acquisition 

(mapping), real estate, and other applicable areas. On Point Geomatics will provide a service that 

is beneficial to an industry that is already using, and seeking to use, sUASs for these purposes 

with a legal and safe option. This will benefit the public with the controlled operation of sUASs 

and increase integration into the National Airspace System (NAS). On Point Geomatics’ sUASs 

are battery powered and serve as a safe, efficient, and economical alternative to the manned 

aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft 

needed to perform aerial acquisitions, an exemption allowing the use of a sUAS would reduce 

the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the 

safety of life and property in the air and on the ground. Conducting aerial acquisitions with On 

Point Geomatics’ sUASs, instead of manned aircraft, will greatly benefit the public by drastically 

reducing the levels of air and noise pollution generated during traditional aerial survey flight 

operations. Previously high resolution digital aerial real estate photography was only affordable 

to a few select agencies with deep pockets. On Point Geomatics would like to help change this 

by employing our sUASs and make aerial photography affordable to everyone. High quality 

aerial imagery and data can provide new and enhanced information about a location being 

surveyed, inspected, or otherwise measured

Additional Information

The applicant, Michael Todd McBee, has been involved in the building and piloting of remote 

controlled aircraft for nearly 25 years. Also the primary pilot, Michael has an in-depth 

understanding of the capabilities and safety concerns involved in using this technology as an asset to 

the community. In addition, Michael Todd McBee holds a Private Pilot Single Engine Land 

Certification with Instrument Rating and current third class medical. Satisfaction of criteria 

provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the 

grant of the requested exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

Michael Todd McBee, President

On Point Geomatics