January 25, 2016

U.S.Department of Transportation Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of the 

Federal Aviation Regulations from 14 C.F.R. 45.23{b); 14 C.F.R. Part 

21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9( b); (2); 91.103(b); 91.109; 

119.121; 91.lSl(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) 

(2); 91.417 (a )&(b) 

Dear Sir or Madam,

I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) are 

writing regarding the FAA Modernization and Reform Act of 2012 and 

the procedures contained within 14 C.F.R. 11,to request that I, James 

Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC) an owner and 

operator of small unmanned aircraft, be exempt from the Federal 

Aviation Regulations (“FARs”) listed below so that I, James Allyn, 

(Doing Business as, Stellar Aerial Media, Stellar Photographics, James 

Allyn Photo, Stellar Creative Partners, LLC) may operate our unmanned 

aircraft system (“UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”). 

As described herein, I, James Allyn, (Doing Business as, Stellar Aerial 

Media, Stellar Photographics, James Allyn Photo, Stellar Creative 

Partners, LLC) am a 34 year experienced photographer/videographer 

within the State of California ; I am very experienced in flying quadcopters for recreational purposes, and I have recently added a 

professional grade quadcopter UAS to my inventory which is equipped 

with a 4K camera. The intended use for this UAS is aerial photography/

videography/cinematography as stated below. 
Equipment: Yuneec, Typhoon Q500 Model : 4K Pro 

For the reasons stated below I, James Allyn, (Doing Business as, Stellar 

Aerial Media, Stellar Photographics, James Allyn Photo, Stellar Creative 

Partners, LLC) respectfully request the granting of an exemption 

allowing James Allyn to operate a remote controlled UAS’s for 

advertising, marketing, photo, video of real estate, agriculture, multifamily housing, and special local events. Benefit/stimulate attraction to 

San Diego and Orange County areas and to enhance real estate /multifamily housing listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will 

promote local economic growth through increased employment and 

increased tax base. Both with public safety and privacy in mind. 

• Contact information

James Allyn

Stellar Creative Partners, LLC 4535 Beverly Glen Drive Oceanside, Ca 

92056 Ph:858-395-2288 

2 . The Specific Sections of Title 14 of the Code of Federal 

Regulations From which James Allyn, (Doing Business as, Stellar 

Aerial Media, Stellar Photographics, James Allyn Photo, Stellar Creative 

Partners, LLC) Requests Exemption are: 14CFR 21; 14C.F.R.45.23(b); 

14 CFR 61.113 (a) & (b); 14 C.F.R. 91,et seq.; 14 CFR 407 (a) (1); 14 

CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

3. The Extent of relief James Allyn, (Doing Business as, Stellar Aerial 

Media, Stellar Photographics, James Allyn Photo, Stellar Creative 

Partners, LLC) seeks and the Reason I Seek Such Relief I, James Allyn, 

(Doing Business as, Stellar Aerial Media, Stellar Photographics, James 

Allyn Photo, Stellar Creative Partners, LLC) submit this application in 

accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief 

from any currently applicable FARs operating to prevent I, James Allyn, 

(Doing Business as, Stellar Aerial Media, Stellar Photographics, James 
Allyn Photo, Stellar Creative Partners, LLC) contemplated commercial 

cinematic, academic and other flight operations within the national 

airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace 

system as it is in the public’s interest to do so. Our UAS meets the 

definition of “small unmanned aircraft’ as defined in Section 331 and 

therefore the integration of my UAS is expressly contemplated by the 

Reform Act. I would like to operate our UAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing 

such craft. Thereby, providing direct experience and valuable 

information for formal regulation that can be administered uniformly to 

all real estate related UAS aerial video and photography. The Reform 

Act guides the Secretary in determining the types of UAS’s that I 

operate safely in our national airspace system. Considerations include: 

The light, size, speed and overall capabilities of the UAS’s; Whether the 

UAS will be operated near airports or heavily populated areas; and, 

Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 

(a). Each of these items reflects in favor of an exemption for us , James 

Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC) . My UAS utilizes 

four (4) counter rotating propellers for balance, control and stability. My 

UAS is equipped with GPS and auto return to takeoff safety technology. 

Weighing less than five (8) pounds (far below the maximum 55 pound 

limit); including 4K camera and electronic gimbal. 

I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) 

consider safety foremost with each flight. My small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 24 knot (15 

mph) wind. For safety, stability and fear of financial loss. I will not fly in 

winds exceeding 18 kph (12 mph). Built in safety systems include a GPS 

mode that allows my UAS to hover in place when radio controls are 

released. When pilot communication is lost, my UAS is designed to 

return to the point of takeoff, slowly descend, land, and disengage the 
electric motors. I do not and will not operate my UAS near airports, 

Hospitals, Military installations or areas, nor Police 

heliports, and will not operate near areas where general public is within 

fifty to one hundred (50-100) yards depending on location, and 

conditions. I am constantly on alert for any manned aircraft (Personal 

crafts, Police/Medical helicopters, etc.) and am prepared to land/abort 

immediately to the nearest and safest ground point should a manned 

aircraft approach my location or I suspect manned aircraft may approach 

near my location. My UAS is capable of vertical and horizontal 

operations, and is flown only within my line of sight, as the remote 

control UAS pilot. Utilizing battery power rather than combustible fuels, 

flights generally last between fifteen (18) to thirty (24) minutes, with an 

altitude under three hundred ninety nine (399) feet. I , utilize a fresh 

fully charged battery with each flight as a safety precaution; full flight 

time limit for each battery is thirty (28) to thirty five (24) minutes as 

tested. I do not operate my UAS at or below manufacture recommend 

minimum charge levels for operation; preferring to remain within safe 

operating range to visually ensure adequate communication between 

radio transmitter and UAS receiver to eliminate any potential for crash, 

loss of control, or hazard. Reserve batteries are at hand with each 

operation to ensure replacement for sufficient safe level of operation. I 

do not believe in taking risks that may cause a crash, could create 

hazards to the public/property/manned aircraft, and have no desire to 

spend $1200 on a lost or damaged investment. I have clocked numerous 

practice flights in familiarization with the characteristics of this specifics 

UAS’s performance under different temperature and weather conditions. 

I also have with meat all practice flights and future commercial flights a 

second team member acting solely as a spotter to ensure the safety of the 

public, property, and manned aircraft. I am extremely cautious when 

operating of my UAS unmanned aircraft and will not “create a hazard to 

users of the national airspace system or the public.” 112 P. L. 95 § 333 

(b). Given the small size and light weight of my UAS it falls within 

Congress’s contemplated safety zone when it promulgated the Reform 
Act and the corresponding directive to integrate UAS’s into the national 

airspace system. 

4. How James Allyn (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) 

Request Will Benefit the Public as a Whole: Aerial photography and 

videography for geographical awareness and/or for real estate marketing 

has been around for a long time through manned fixed wing aircraft and 

helicopters. For small budget real estate companies and average 

homeowners, the expense of such aerial photography and videography is 

cost prohibitive. Only large companies and high end Realtors or luxury 

homeowners can afford such expense. Depriving non-luxury and loIr 

budget Realtors from a valuable marketing tool. It is my belief that UAS 

flight is currently taking place by either the real estate agents 

themselves, or maybe being done by someone they know. Either way, it 

is my objective to provide this service as a trained professional with a 

“safety first” mindset so that the eventual commercialization of UAS 

flight is not affected negatively by those who are doing this without 

proper training. Congress has already proclaimed that it is in the public’s 

interest to integrate commercially flown UAS’s into the national airspace 

system, hence the passing of the Reform Act. Granting our exemption 

furthers the public interest through academic/visual awareness of the 

geographical benefits in and around the San Diego and Orange County 

areas. My UAS is battery powered and creates no emissions that can 

harm the environment. The consequence of my ultra-light UAS crashing 

is far less than a full sized helicopter or fixed wing aircraft; which are 

heavy, contain combustible fuel and can cause catastrophic devastation 

to the public. The public’s interest is furthered by minimizing ecological 

and crash threat by permitting aerial video and photo capture through my 

battery operated UAS’s. Permitting us to immediately 

fly within national air space furthers economic growth. Granting my 

exemption request substantially furthers the economic impact for the San 

Diego and Orange County areas for companies and individuals looking 
to relocate and build in the said areas as individuals looking to relocate 

for career advancement through academic and geographical awareness. 

Both of which serve as a stimulus to the community. 

5. Reasons Why James Allyn, (Doing Business as, Stellar Aerial Media, 

Stellar Photographics, James Allyn Photo, Stellar Creative Partners, 

LLC) Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rules: Our exemption will not adversely affect safety. Quite the 

contrary, for the reasons stated permitting us to log more flight time in 

FAA controlled airspace, with communication with the FAA, will allow 

me to contribute to the innovation and implementation of new and novel, 

as of yet undiscovered safety development in cooperation with the FAA. 

In addition, I submit the following representations of enhancements to 

current aerial videography and photography for real estate: 

• My UAS weighs less than 8 pounds complete with a 4K Camera; • I 

only operate my UAS below 399 feet permissible ceiling set by the FAA 

Modernization and Reform Act of 2012); • My UAS only operates for 

18-24 minutes per flight;

• I land my UAS prior to manufacturer recommended minimum level of 

battery power; 

• I pilot my UAS through remote control only by line of sight and with 

an additional spotter; • My UAS has GPS, a flight safety feature, 

whereby it returns to point of takeoff, hovers, and then slowly lands if 

communication with the remote transmitter is lost;

• I actively analyze flight data, the Center Weather Service Unit, NOAA, 

and other sources of information to constantly update and enhance safety 

protocols prior to and during flights; 

• I only operate in reasonably safe environments that are strictly 

controlled, are away from power lines, elevated lights, airports, and 

actively populated areas;

• I conduct extensive pre-flight inspections and protocols during which 
safety carries primary importance; 

• I always obtain all necessary permissions prior to operation;

• I have procedures in place to abort flights in the event of safety 

breaches or potential danger

• My UAS utilizes a 2.4GHz DSMX system.2.4GHz systems are 

distinguished in that they use direct-sequence spread spectrum (DSSS) 

technology on the 2.4 GHz ISM band. 2.4GHz refers to their technology 

as “Digital Spectrum Modulation.” Each transmitter has a globally 

unique identifier (GUID), to which receivers can be bound, ensuring that 

no transmitter will interfere with other nearby 2.4GHz DSMX systems. 

This works in a manner that both transmitter and receiver are constantly 

changing through the different frequencies of the 2.4 GHz range. The 

2.4GHz system is also unique in that it offers “Model Match” in which 

each transmitter program for a particular flight model is bound to one 

and only one receiver. This prevents a user from flying his/her UAS 

while the transmitter is still programmed for his/her RC hobby airplane. 

The 2.4 GHz DSMX technology allows for uninterrupted frequency 

transmission. If at any time, in the very small chance it is interrupted or 

loss of signal, the UAS will go into a failsafe mode allowing the UAS to 

return to the point of takeoff, hover, land, and disengage the motors. If 

signal is ever lost, this redundancy takes over but can be overridden once 

in range or the interference ceases. 

5. A Summary The FAA May Publish in the Federal Register: 

A. 14 C.F.R. 21and 14 C.F.R. 91: Airworthiness Certificates, Manuals 

and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(l). The size, 

and enclosed operational area of my, UAS permits exemption from Part 

21because my UAS meets (and exceeds) an equivalent level of safety 

pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both 

the Act (49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both 
pieces of legislation permit the FAA exempt UAS’s from the 

airworthiness certificate requirement in consideration of the light, size, 

speed, maneuverability and proximity to areas such as airports and dense 

populations. My, current and projected UAS’s meet or exceed each of 

the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft 

without an airworthiness certificate. As no such certificate will be 

applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in 

the aircraft. As there are no on board pilots or passengers, and given the 

size of the UAS’s, this Regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined 5 . The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167A, 10602, 10700 and 32827. 14 

C.F.R. §91.121 regarding altimeter settings is inapplicable insofar as my 

UAS utilizes electronic global positioning systems with a barometric 

sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil 

aircraft certifications and registrations. They are inapplicable for the 

same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and 

registrations by us, James Allyn (doing business as Insight Advertising, 

Marketing, and Communication). 

B. 14C.F.R. §61.113: Private Pilot Privileges and Limitations: PIC. 

Applicable Codes of Federal Regulation require aircraft to be marked 

according to certain specifications. My UAS are, by definition, 

unmanned. They therefore do not have a cabin, cockpit or pilot station 

on which to mark certain words or phrases. Further, two-inch lettering is 

difficult to place on such small aircraft with dimensions smaller than 

minimal lettering requirement. Regardless, I will mark its UASs in the 

largest possible lettering by placing the word “EXPERIMENTAL” on its 

fuselage as required by 14 C.F.R §45.29 (f) so that I, the pilot, or anyone 

assisting me as a spotter with the UAV will see the markings. The FAA 

has previously issued exemptions to this regulation through Exemptions 
Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R §61.113: Private 

Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 

(a) & (b), private pilots are limited to non-commercial operations. I can 

achieve an equivalent level of safety as achieved by current Regulations 

because my UAS does not carry any pilots or passengers. Further, while 

helpful, a pilot’s license will not ensure remote control piloting skills. 

The risks attended to the operation of my UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 C.F.R. §61,et 

seq. Thus, allowing us,to operate our UAS meet and exceed current 

safety levels in relation to 14 C.F.R. §61.113 (a) &(b). D. 14C.F.R. 

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

altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at loIr altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 200 AGL; safely below the standard of 

400 AGL. I will operate my UAS in safe areas away from public and 

traffic, providing a level of safety at least equivalent to or below those in 

relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of 

safety will be achieved. E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 

417 (a) & (b): Maintenance Inspections. The 

above-cited Regulations require, amongst other things, aircraft owners 

and operators to “have [the] aircraft inspected as prescribed in subpart E 

of this part and shall be required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter....” These Regulations only apply to aircraft 

with an airworthiness certificate. They will not, therefore, apply to our 

UAS. HoIver, as a safety precaution, I inspect my UAS before and after 

each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 

21and 14 C.F.R. 91: Airworthy ness Certificates, Manuals and The Like. 

14 C.F.R. 21,Subpart H, entitled Airworthy ness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in 
relation to FAR § 91.203{a)(l). The size, weight and enclosed 

operational area of my UAS permits exemption from Part 21 because 

our, UAS meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UAS’s from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. My UAS 

meets or exceeds each of these elements. 14 C.F.R 91.7(a) prohibits the 

operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft 

flight manual in the aircraft. As there are no pilots or passengers, and 

given the size of the UAS’s, the Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a manual. The 

FAA has previously issued exemptions to this regulation in Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance 

program that involves regular software updates and curative measures 

for any damaged hardware. Therefore, an equivalent level of safety will 

be achieved 

In Summary, James Allyn (Doing Business as Stellar Aerial Media, 

Stellar Creative Partners, LLC) seeks an exemption from the 

following Regulations:

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

(b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 

14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121;14 C.F.R. § 

91.151(a);14C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 

14C.F.R. § 91.407 (a)(l);14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 

(a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate our, 

James Allyn (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC), 

small unmanned aircraft vehicle in community awareness and real estate 
operations, and to develop economic platforms for real estate to enhance 

the experience of those seeking to relocate to the San Diego and Orange 

County areas. Currently, area awareness and real estate aerial 

videography/ photography relies primarily on the use of larger aircraft 

running on combustible fuel. Posing potential risk to the public. 

Granting our request for exemption will reduce current risk levels and 

thereby enhance safety. My UAS craft do not contain potentially 

explosive fuel, is smaller, lighter and more maneuverable then 

conventional real estate video and photographic aircraft with much less 

flight time. Further, I typically operate at low altitudes (under 120 feet) 

and in controlled airspace eliminating potential public risk flying to and 

from established air fields. I have been informally analyzing flight 

information and will compile safety protocols and the implementation of 

a flight operations manual for real estate usage that exceeds currently 

accepted means and methods for safe flight. Formal collection of 

information shared with the 

FAA will enhance the FAA’s internal efforts to establish protocols for 

complying with the FAA Modernization and Reform Act of 2012. There 

are zero personnel on board my UAS and therefore the likelihood of 

death or serious bodily injury is significantly diminished. The operation 

of my UAS, weighing less than 8 pounds and traveling at slow speeds 

within limited areas will provide an equivalent level of safety as that 

achieved under current FARs. 

Accordingly, I, James Allyn (Doing Business as, Stellar Aerial Media, 

Stellar Photographics, James Allyn Photo, Stellar Creative Partners, 

LLC), respectfully request that the FAA grant my exemption request and 

am willing to cooperate in sharing information to benefit the FAA, 

safety of manned aircraft, and the general public at large 

Thank you for your time, 

James Allyn 
James Allyn 

Digitally Signed/Digital Copy Original Available Upon Request