11/14/2015

Brandon Pope

BPope Productions

1080 5th Avenue CT NW

Hickory, NC 28601

(828) 320-1925

brandon@bpopeproductions.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

To Whom It May Concern:

I, Brandon Pope, am writing to request exemption from the following sections of Title 14, 

Code of Federal Regulations §§ in accordance with the FAA’s Guidelines for 

Submitting a Petition for Exemption under section 333 of the 

FAA Modernization and Reform Act of 2012.

91.119(c), .91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 

91.417(a)&(b).

I am requesting this exemption in order to operate small unmanned aircraft systems (sUAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA) for the 

purposes of aerial photography/cinemtography, real estate marketing and surveys, and other 

flight requests that could be performed safely and more cost effectively with the use of sUAS 

at low altitude (below 200 feet) within the U.S. national airspace system as compared to a 

manned aircraft. Such requests will only be performed with the authorization and 

permission of clients or authorized agents of such clients. No persons will be included in any 

photo/video without their expressed written permission, which will be kept on file for audit 

at any time by the FAA. 
2BPope Productions

The following reasons for exemption of the above mentioned Federal Aviation Regulations 

(FAR) are being requested by myself, Brandon Pope. 

 91.119(c) As determined in the Exemption 11138 (Douglas Trudeau) - operations 

conducted closer than 500 feet to the ground may require that the UAS be operated 

closer than 500 feet to essential persons or objects that would not be possible 

without additional relief. The petitioner requests modification or exemption and 

clarification concerning the terms congested areas and densely populated. I am requesting 

a waiver for this condition to allow responsible operation with extreme safety in 

areas with housing and possible other structures. 

 91.121 As determined in exemption 11138 (Douglas Trudeau) - is nonapplicable 

since the the sUAS does not use an altimeter but does utilize electronic GPS with a 

barometric sensor for altitude hold and information.

 91.151(a) As discussed in exemption 11136 (Advanced Aviation Solutions LLC) –

prior relief has been granted for manned aircraft to operate at less than the prescribed 

minimums, including exemption numbers 2689, 10650, and 5745. Additionally, 

similar UAS specific relief has been granted in exemption numbers 10673, 8811, and 

10808 for daytime visual field of reference conditions (VFR). The UAS provides 

battery power measurement to the radio controller held by the person in control 

(PIC). The UA batteries allow for apporoximately 20 minutes of flight. I have 

attached information on UASs that describe in more detail the specifics around 

battery management. They contain process and procedures for the PIC when battery 

reaches a certain level. Understanding the limitations on proposed operations and 

location of said operations, the FAA found that reduced minimum power reserve for 

flight in daytime VFR conditions was reasonable. 

 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), 91.417(a) & (b) As discussed in 

exemption 11138 (Douglas Trudeau) – I, Brandon Pope, will personally inspect and 

ensure that each UAS is in top condition for safe flight in accordance with all 

documents pertaining to safe operation. The FAA found that adherence to the 

petitioners operating documents and the conditions and limitations specified, 

describing the requirements for maintenance and record keeping and inspection were 

sufficient to ensure that safety would not be adversely affected.

Description of UAS to be Operated under this Exemption
3BPope Productions

The DJI Phantom 3 professional is manufactured by highly successful and safety oriented 

company. The DJI Phantom 3 Professional is under 25 pounds and carries a 4K/UHD

camera. The advertised maximum speed is less than 15 miles per hour and is powered by 

four electric motors with a distance of less than 18 inches. The Phantom 3 Professinonal

utililize gps and compass orientation for stable flight and the ability to knowtheir position at 

all times. The gps on the UASs also do not allow for motors to be initialized within a 

designated No Fly Zone. Real time video that includes telemetry is visible by the PIC at all 

times. The PIC can measure battery level, GPS strength, altitude, distance from PIC, along 

with image from camera at all times. Both units have fail safe modes of operation for low 

battery, loss of gps or loss of signal. In these situations, the UAS will return to the point of 

takeoff and motors will automatically disengage. The UAS can be programmed to limit their 

altitude and distance from PIC before flight. The unit is also limited to approximately 23

minutes per battery. The Phantom 3 Professional also has visible LED indicators that let the 

PIC know of any situation that the PIC might determine requires the UAS to return home. 

Most flights last less than 10 minutes and more information is available in the attachments 

that I have included with this application for exemption. 

Acknowledgment of FAA Safety Regulations and Guidelines

I, Brandon Pope, have reviewed and retained a copy of all FAA regulations including those 

regulations and guidelines based on the premise of safety. I find all regulations to be 

reasonable and I will not only meet, but do my best to exceed all safety regulations as set 

forth by the FAA. My main focus is safety and protection of all persons and property that 

myself or my UAS comes in contact with. I have enclosed documents that include a preflight 

and postflight checklist, but I also have an additional checklist that I use before, during and 

after each flight. All moving parts of the UAS are inspected to ensure safety. 

Request for Close Proximity Flight

I, Brandon Pope, am also requesting to be allowed to operate within 5 miles of an airport

similar to reference number 1, providing that

“The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA 

may not operate within 5 nautical miles of the geographic center of a non towered airport as denoted on 

a current FAA published aeronautical chart unless a letter of agreement with that airport’s management 

is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 
4BPope Productions

COA. The letter of agreement with the airport management must be made available to the Administrator 

upon request.”

I have permission of the airport administrator or designated official. I will have written 

permission and a documented flight plan for each flight used in this manner. The before 

mentioned written permission and flight plan will be kept on file for audit at any time for 

the FAA. Flight within 5 miles of an airport is rare, but in the area I plan to operate, there 

are several small airports that allow UAS flight within 5 miles with permission as noted 

above.

Other Interests

I feel that this exemption will allow me not only the ability to gain financially for use at the 

request of different companies, but it will also allow me to help educate the public on the 

safe use of a UAS under proper legal guidelines and safety. I feel that this exemption will 

also allow me to perform tasks that not only could not be performed from the ground, but 

would also allow me to perform tasks that would normally put persons at risk to obtain the 

same information. Many of the structures I would be filming would be hazardous for an 

individual to access. The use of a UAS allows for safe visual inspection of not only property, 

but buildings and other structures as well. 

I can also use the UAS to participate in air shows and displays for no charge to show the 

many uses of this type of aircraft when performed under the proper legal guidelines. My 

services will also be offered to local organizations such as schools, fire departments, and 

police departments as long as such requests fall under the rules of the exemption that I am 

requesting along with all other FAA guidelines.

Operations for this petition will also enhance the economic growth of the area in which my 

company resides. 

Summary

I, Brandon Pope, am requesting this exemption for the purposes of aerial photography and 

video of, not only real estate, but possibly land observation, inspection of construction 

equipment, towers, and other flight operations as requested by clients. I am requesting this 

exemption for the reasons noted above and specifically intended these items to be broad 

based on my business plan to extend operations to different areas based on requests by 

clients. Each request will be analyzed by myself, Brandon Pope, to validate that these 

requests can be done in a safe manner and in compliance with all FAA regulations. I also plan 
5BPope Productions

to use my business and myself as a mentor for other small business owners to educate and to 

assist them in starting their own business in accordance with all FAA regulations and laws. I 

have seen several advertisements of people offering these services, as specified above, but I 

have refrained from pursuing opportunities for commercial use of my UAS until I can 

properly be authorized by the FAA.

Documents Attached

1. DJI Phantom 3 Professional Safety Guidelines

References

1. FAA Exemption Number 11080, Regulatory Document Number FAA-2014-0355 in 

the matter of the petition of Flying Cam INC

2. FAA Exemption Number 11136, Regulatory Document Number FAA-2014-0508 in 

the matter of the petition of Advanced Aviation Solutions LLC

3. FAA Exemption Number 11138, Regulatory Document Number FAA-2014-0481 in 

the matter of the petition of Douglas Trudeau

Thank you for your consideration of my petition for this exemption. I look forward to 

hearing from you soon. Please do not hesitate to reach out to me with any questions or if 

any additional information is needed.

Respectfully,

Brandon Pope

Owner

BPope Productions