Richard F. Charette (CFII) July 10, 2015

39475 N. Winchester Rd.

Wadsworth, IL 60083

847-867-8296

Richchar96@gmail.com

Petition of Richard F. Charette

For Exemption Pursuant to Section 333

Of the FAA Modernization and Reform Act of 2012

Dear Director, Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, I 

(Richard F. Charette – a FAA Certified Flight Instructor, CFII 1521939), hereby applies for an 

exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial 

operations of a small unmanned aerial system (i.e., sUAS).

The exemption is in accordance with protocols outlined in this petition for exemption, and any 

other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operations by Richard F. Charette, which uses and 

flies a Yuneec Electric Q500+ to conduct sUAS photography/videography as requested by a 

third party, flight training, education, real estate photography/videography, demonstration 

flights, accident investigation photography/videography, fire investigation 

photography/videography, photography/videography requested by local law enforcement 

agencies, and search/rescue operations. I (Richard F. Charette) as a CFII would be subject to the 

strict operating requirements and conditions within the current Section 333 exemption and as 

may be modified by the FAA. This would ensure the same level of safety as is currently 

authorized in manned aircraft as published in the current FARs by the FAA.

I (Richard F. Charette) will operate under controlled VFR conditions at low altitude in airspace 

that is permitted in accordance with my (Richard F. Charette) approved Certificate of 

Authorization (COA). As a FAA-CFII, I have extensive knowledge of the various airspace 

requirements and will be in a position to not only apply the FARs to my own flying, but also pass 

that knowledge on to others interested in sUAS flight.

I (Richard F. Charette) submit this request for exemption because I operate a sUAS. As a FAACFII the FAA can have confidence that the operations I conduct will have a high level of safety 

and the ability to pass my knowledge on to others interested in sUAS flying. Approval of my 

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exemption would thereby enhance safety and the ability to teach safety as well as 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.”

I (Richard F. Charette) have organized this Exemption request as follows:

1) Petitioner’s Description

2) Relevant Statutory Authority

3) Qualifications for Approval Under Section 333 of the Reform Act

4) Description of Proposed Operations

5) Regulations from which this request for Exemption is requested

6) Public Interest

7) Privacy

8) Federal Registry Summary

9) Conclusion

1) Petitioner’s Description:

I (Richard F. Charette) am headquartered in Wadsworth, IL. As an individual, I want to 

commercially provide sUAS services to 3rd parties requesting photography/videography, 

flight training, education, real estate photography/videography, demonstration flights, 

accident investigation photography/videography, fire investigation 

photography/videography, photography/videography requested by local law

enforcement agencies, and search/rescue operations.

I (Richard F. Charette) plan to operate in an accident-free environment by:

a) Following all regulation currently published by the FAA and Section 333

b) Identifying any hazard and risk which would not allow for the safe 

operations of a sUAS

c) Intervene and report when unsafe flying of others appear to exist

d) Train others in the safe operation of sUAS and instruct them in all applicable 

FAA-FARs

The contact information for Petitioner (Richard F. Charette) is as follows:

39475 N. Winchester Rd. 

Wadsworth, IL 60083

847-867-8296

Richchar96@gmail.com

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2) Relevant Statutory Authority: This petition for an exemption is submitted to fulfill the 

goal of Congress when it passed Section 333 (a) through (c) of the Reform Act. Congress 

has directed the FAA “to safely accelerate the integration of civil unmanned aircraft 

systems (UAS) into the National Airspace System (NAS) before completion of the formal 

UAS rulemaking, based on the following considerations:

1) The sUAV’s size, weight, speed, and operational capability

2) Operation of the sUAS in close proximity to airports and populated arears

3) Operation of the sUAS within the visual line of sight of the operator

If the Secretary determines that such aircraft “may operate safely in the National Airspace 

System, the Secretary shall establish requirements for the safe operation of such aircraft in 

the National Airspace System”.

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a request 

exemption is in the public interest. A party requesting an exemption must explain why the 

exemption:

1) Would benefit the public as a whole

2) Would not adversely affect safety and would provide a level of safety equal or better 

than existing rules.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under 40101 of the ACT, from the requirement that all civil aircraft must have a current 

airworthiness certificate and those regulations requiring commercial pilots to operate 

aircraft in commercial service:

The Administrator may grant an exemption from a

 requirement of a regulation prescribed under subsection

(a) or (b) of this section or any of the sections.

3) Qualifications for Approval Under Section 333 of the Reform Act: The proposed 

operation in this petition for exemption qualifies for expedited approval under 

Section 333 of the Reform Act. Each of the statutory criteria and other relevant 

factors are satisfied.

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The proposed operations would permit Richard F. Charette the use of a sUAV under controlled 

conditions in airspace that is:

1) Predetermined

2) Controlled as to access

3) Provides an increased level of safety beyond that existing when fixed or rotor 

wing aircraft that are used to accomplish the same purpose

I (Richard F. Charette) use a sUAS that is a multi-rotor weighing less than 10 pounds including 

the payload which consist of a gimbaled camera used for photography and videography. The 

sUAS operates only under normal conditions, at an airspeed not to exceed 35 KPH. The sUAS 

has the ability to hover, move in a vertical and horizontal plane, as well as yaw around its 

vertical access while in a hover position. In addition, I (Richard F. Charette) will operate in a 

(not to exceed) line of sight mode, and only during daylight hours. The sUAV that I (Richard F. 

Charette) operate has a pre-programmed AGL limit of 300 feet which is 100 feet below the 

Section 333 altitude height limit. A NOTAM will be filed for each flight that operates in 

controlled airspace and would first be approved by the controlling FAA facility. All required 

permissions and permits would be obtained from the controlling government agencies prior to 

operating a sUAS.

Given the small size and light weight of the sUAS involved and the environment in which 

operations will take place the exemption that I (Richard F. Charette) am requesting falls within 

the zone of safety in which Congress desired the FAA to permit commercial sUAS operations by 

exemption pending completion of formal rulemaking. In addition, because of the size, weight 

and qualifications/experience of the operator, approval of this exemption presents no hazard in 

the NAS.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the granting of this requested exemption to 

Richard F. Charette – a FAA Certified Flight Instructor is also in the public interest.

4) Description of Proposed Operations:

To assist the reviewer of this exemption request, I (Richard F. Charette) offer a summary of the 

operational limitations and conditions that will ensure an equivalent or higher level of safety to 

operations conducted under current regulatory guidelines:

a) The sUAS used will weigh less than 10 pounds including its payload.

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b) Flights will be within line of sight and at or below 300 feet AGL of the PIC.

c) Maximum total flight time will be limited to 20 min and/or 25% of the 

reserved battery power whichever occurs first.

d) Flights will be conducted at a horizontal distance of at least 100 feet from 

any inhabited structure, building, vehicle, vessel, people not associated with 

the operation of the sUAS.

e) Minimum crew for each operation will consist of the PIC (Richard F. Charette) 

and a designated visual observer.

f) The sUAS PIC (Richard F. Charette) has undergone comprehensive sUAS flight 

training for competency and has studied FAA 333 as well as Part 107 

commercial compliance requirements.

g) Richard F. Charette will be the only PIC for each mission associated with this 

exemption request.

h) Prior to each commercial mission at a particular location, a site inspection 

will be conducted to insure that all of the flight requirements associated with 

the Section 333 are met.

i) I (Richard F. Charette) will use a checklist and callouts associated with the 

Operations Manual.

j) The sUAS will be maintained in accordance with the inspection program 

outlined in the manufacturer’s guidelines.

k) In the unlikely event of an accident, I (Richard F. Charette) will cease 

operation and report the accident to the appropriate government authority.

l) The PIC and the Visual Controller will at all times be able to communicate by 

voice. 

m) The PIC and Visual Observer are trained in accordance to FAA, NTSB, and 

AFS-80 best practices.

n) All required permissions and permits will be obtained from the local 

government agencies before a flight is conducted.

o) If the sUAS loses communication signal with the flight controller, the sUAS 

will have the ability to return to the launch location and land automatically.

p) The sUAS has the ability via the PIC controller to abort a flight in case of 

unpredicted obstacles or emergencies.

q) I (Richard F. Charette) by following FAA, NTSB, and AFS-80 best practices, will 

assure that no individuals’ privacy is violated.

r) I (Richard F. Charette) will contact the controlling ATC facility prior to 

operating in airspace other than G.

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5) Regulations from which this Request for Exemption is requested:

A) 14 CFR – 91.103 – Preflight Action

B) 14 CFR – 91.113 – Right-of Way Rules

C) 14 CFR – 91.119 (c) - Minimum Safe Altitudes

D) 14 CFR – 91.121 – Altimeter Settings

E) 14 CFR – 91.151 (b) – Fuel Requirements for Flight in VFR Conditions

G) 14 CFR – 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) and (b) – 

Maintenance Inspections

A. 14 CFR § 91.103: I (Richard F. Charette) requests an exemption from the preflight 

actions requirements of 14 CFR 91.113 that prescribes the preflight actions under 

which aircraft may operate:

Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. a. Flight under IFR or a flight not in 

the vicinity of an airport, weather reports and forecasts, fuel requirements, 

alternatives available if the planned flight cannot be completed, and any known 

traffic delays of which the pilot in command has been advised by ATC; b. For any 

flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: i. For civil aircraft for which an approved Airplane 

or Rotorcraft Flight Manual containing takeoff and landing distance data is 

required, the takeoff and landing distance data contained therein; and ii. For civil 

aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross 

weight, and wind and temperature.

I (Richard F. Charette) will not operate a sUAS under IFR conditions or when the 

ceilings are below 1000 feet and the visibility is below 3 statute miles. 

Equivalent Level of Safety: In adherence to FAA, NTSB, and AFS-80 best 

practices, the PIC will assure that the weather will be adequate to complete the 

mission in VFR condition. 

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B. 14 CFR 91.113: Right-of-Way Rules: I (Richard F. Charette) request an exemption from 14 

CFR 91.113 Right-of-Way rules, requiring vigilance by each person operating an aircraft so as to 

see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, 

the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well 

clear. 

I (Richard F. Charette) operate a small pilotless sUAS and cannot comply with these rules 

as they have been written.

Equivalent Level Safety Flying: I (Richard F. Charette) operate a sUAS at or below an 

altitude of 300 feet AGL, well below the normal operating altitude of other aircraft. I 

personally oversee each mission and have knowledge of the see-and-avoid rules. A 

Visual Observer will assist the PIC in looking for aircraft entering the operations area. 

It’s the responsibility of the PIC to cease operations and land the UAS immediately 

whenever and aircraft comes into the vicinity creating a potential threat. Operations 

cannot recommence until the threat is clear.

C. 14 CFR. § 91.119: Minimum Safe Altitudes Flying: I (Richard F. Charette) request

an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that 

prescribes the minimum safe altitudes under which aircraft may operate: • Over any 

congested area of a city, town, or settlement, or over any open air assembly of 

persons, an altitude of 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. • Over other than congested areas at an altitude 

of 500 feet above the surface, except over open water or sparsely populated areas. In 

those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum 

altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 300 

feet AGL. Additionally, due to the nature of the proposed operations, the sUAS 

will maintain a horizontal distance of at least 100 feet from inhabited structures, 

buildings, vehicles, and vessels, and from people not associated with the 

operation.

Equivalent Level of Safety: Compared to the flight of normal aircraft, I operate a

multi-rotor aircraft weighing less than 10 pounds, and given the lack of fuel, any 

risk associated with these operations is far less than those that presently exist 

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using conventional aircraft. An equivalent level of safety will be achieved given 

the size, weight, and speed of the UAS, as well as the location where it is 

operated. As set forth in the FAA, NTSB, and AFS-80 best practices, the sUAS will 

be operated in a sterile area, where buildings and people will not be exposed to 

operations without their pre-obtained consent. Because of the advance notice to 

the property owners and participants, all affected individuals will be well aware 

of the planned flight operations prior to commencement of operations. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere 

with aircraft that are subject to the minimum safe altitude regulations.

D. 14C.F.R. § 91.121: Altimeter Settings: I (Richard F. Charette) seek an 

exemption from 14 CFR 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to 

the elevation of the departure airport or barometric pressure. An exemption is 

required because the sUAS does not have a barometric altimeter, but rather a 

GPS altitude read out.

Equivalent Level of Safety: An equivalent level of safety will be achieved by 

following the procedures set forth in the FAA, NTSB, and AFS-80 best practices. I 

will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. Moreover, as the PIC, I will use the GPS altitude indicator to 

constantly monitor the sUAS height, thus ensuring operation at safe altitudes.

E. 14 CFR 91.151(a) Fuel Requirements for Flight in VFR Flying Conditions: I 

(Richard F. Charette) requests an exemption from 14 CFR § 91.151(a)'s fuel 

requirements for flight in VFR conditions. Section91.151 states: a. No person may begin 

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 – i. During the day, to fly after that for at least 30 

minutes; or ii. At night, to fly after that for at least 45 minutes.

The batteries powering the Yuneec Q500+ provide approximately 10-25minutes 

of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS

proposed flight area and the location of its proposed operations within a 

predetermined area, a safety margin based on a reserve amount of battery life is 

needed. I (Richard F. Charette) will not be conducting any sUAS flights at night.

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Equivalent Level of Safety: An equivalent level of safety will be achieved 

because the operations will be conducted on-site without significant transit time 

by the sUAS. All flights will be planned to terminate with no less than 25% 

reserve battery power still available. This restriction would be more than 

adequate to return the sUAS safely to its planned landing zone from anywhere in 

its confined area of operation even in the event of an unexpected occurrence. 

Operation of the sUAS with less than 30 minutes of reserve fuel does not include 

the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the sUAS, and the proximity of the flight operation to the landing 

zone.

F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections: I (Richard F. Charette) also seeks an exemption from 

the maintenance inspection requirements contained in 14 CFR 91.405(a), 

91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 

91.405(a) (stating that each owner or operator of an aircraft "shall have the 

aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections have discrepancies repaired as prescribed in part 43 of this 

chapter"). An exemption to these regulations is needed because Part 43 and 

these sections only apply to aircraft with an airworthiness certificate, which the 

sUAS will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved 

because maintenance and inspections will be performed in accordance with FAA, 

NTSB, and AFS-80 best practices. The operator will ensure that the sUAS is in 

working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance performed. 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. If mechanical issues arise, the 

sUAS size and carrying capacity, and the fact that flight operations will only take 

place in restricted areas for limited periods of time during daylight hours, creates 

less risk than that associated with conventional rotorcraft performing the same 

operation.

6) PUBLIC INTEREST: Granting Richard F. Charette a FAA - CFI exemption 

furthers the public interest. National policy set by Congress favors early 

integration of the sUAS into the national airspace in controlled, safe working 

environments such as those propose in this petition. The vision I have is to help 

facilitate safe integration of sUAS’s into mainstream USA in the following areas: • 

Photography and Videography where the shot requires unique views. 

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• News Gathering Similar to movies and videography, each news assignment 

may require a completely different shot or view of a scene. With budgets for 

traditional helicopter use being greatly reduced, the sUAS is the perfect solution 

to allow for easy news gathering for a fraction of the cost. The sUAS can and will 

be operated in a sterile area away from the public, while the traditional 

helicopter must operate over persons and property increasing the danger to 

individuals. • Real Estate - The sUAS can be used in all areas of real estate, 

including commercial, residential and industrial properties. Using a sUAS, real 

estate professionals can create promotional videos, photos and unique shots 

that normal camera aspects cannot capture. The sUAS creates an easy-to-use 

video and photo platform which enables properties to stand out, providing 

dazzling views that are typically shown via expensive computer animation or 

costly helicopter rentals.

7) Privacy: I (Richard F. Charette) am deeply committed to protecting public 

privacy. As a skilled sUAS Pilot I am well aware that many individual have 

concerns about privacy from the operations of sUAS’s.

8) Federal Registry Summary: Pursuant to 14 CFR Part 11, the following 

summary is provided for publication in the Federal Register, should it be 

determined that publication is needed: I (Richard F. Charette) seeks an 

exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 

91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 91.405(a), 91.407(a) 

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

Approval of this exemption request allows Richard F. Charette to conduct 

commercial operations with small and lightweight unmanned aerial systems. My 

singular vision is to enhance safety of sUAS operations in the NAS while reducing 

risk to the general public and property owners.

The Yuneec Q500+ weighing less than 10 pounds and powered by batteries and 

electric motors, eliminates virtually all of that risk given the reduced mass and 

lack of combustible fuel carried on board. The sUAS is transported to the 

designated mission area and set up there. The sUAS will carry no passengers or 

crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights.

The operation of this sUAS will provide an equivalent level of safety supporting 

the grant of the exemptions requested herein, including exempting the applicant 

from the requirements of several regulations and allowing commercial 

operations. The lightweight sUAS will operate at slow speeds, close to the 

ground, and in a sterile environment. As a result, it is far safer than conventional 

fixed wing aircraft or helicopters.

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9)Conclusion: For the foregoing reason, it is requested that the regulatory 

exemptions requested herein be granted, and the Petitioner (Richard F. Charette) be 

permitted to conduct commercial operations using a sUAS based on the 

aforementioned purposes.

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned at:

 Richard F. Charette

39475 N. Winchester Rd.

Wadsworth, IL 600883

847-867-8296

Richchar96@gmail.com

Submitted By: Richard F. Charette (CFII 1521939) Dated: July 10, 2015

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