July 21st, 2015

U.S. Dept. of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C 20590

Re: Submission of Request for Determination under Section 333 of the FAA 

Modernization and Reform Act Exemptions under 14 C.F.R. Section 11.81

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and reform act of 2012 (FMRA), I, 

Joe Polillio of Joe Polillio Productions, LLC, hereby request an exemption from the listed 

Federal Aviation Regulations(FARs) to allow commercial operation of it’s sUAS’s:

• 14 C.F.R. Part 21- Airworthiness and Certificate

• 14 C.F.R. Part 45.23 (b) - Identification and Registration Marking

• 14 C.F.R. Part 91.7 (a) - Airworthiness

• 14 C.F.R Part 91.9 (b)(2) - Flight Manual

• 14 C.F.R. Part 91.103 - Preflight Action

• 14 C.F. R Part 91.109 (a) - Flight Instruction

• 14 C.F.R. Part 91.119 - Minimum Safe Altitudes

• 14 C.F.R. Part 91.121 - Altimeter Settings

• 14 C.F.R. Part 91.151 (a) - Fuel Requirements in VFR Conditions

• 14 C.F.R. Part 91.203 (a) & (b) - Certifications and Registration

• 14 C.F.R. Part 91.405 (a), 407 (a)(1), 409 (a)(1) & (2), 417 (a) & (b) - Maintenance Inspections
Purpose:

Joe Polillio Productions LLCs seeks relief on the above sections of 14 C.F.R. for use of 

their sUAV’s for video and still photography in the commercial & editorial print industry, 

film & TV production, real estate, surveying, agriculture and building inspection and 

mapping.

Public Benefit:

Joe Polillio, owner of Joe Polillio Productions LLC, has been operating as a commercial 

photographer/videographer for 25 years based in New York City & Northern New 

Jersey.

Joe’s business has been an asset to the community, providing jobs and high quality 

photography. Joe’s business has been a stable asset to the community with his images 

being licensed in over 72 countries worldwide. Due to an emphasis on having a Safe 

working environment whether shooting in studio or in locations around the world, no 

Worker’s Comp claims have ever needed to be filed in 25 years. One Insurance claim 

was filed 15 years ago for a dropped camera. It is this attention to safety and awareness 

of the well being of his crew and any bystanders, that makes business operations a 

Public Benefit. With this history of Safety First, Joe intends to carry his experience to the 

sUAS portion of his business with even greater attention. Joe will also bring his many 

years of experience teaching photography to the public, to raise awareness of what 

exactly sUAVs are, their growing role in society, benefit of use and how to safely operate 

sUAVs as well as how work with them. Joe Polillio Productions LLC will also carry a 

special UAS liability Insurance policy from Transport Risk Management, Inc.
Exemption Requests and Equivalent Level of Safety

Regulations – Exemptions requested

Pursuant to 14 C.F.R. § 11.81(e), I, Joe Polillio of Joe Polillio Productions LLC 

seek exemption from the below mentioned regulations and provide reason as to 

why the exemption should be approved based on the level of safety at least 

equal to that of which the rules require.

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates

 Establishes: The procedural requirements for the issuance of airworthiness

certificates as required by 14 C.F.R. § 91.203(a)(1)

Because of the small size of the UAS and the safeguards that will be taken 

outlined below, an exemption from Part 21 Subpart H meets the requirements of 

an equivalent level of safety under Part 11 and Section 333 of the FMRA with 

consideration “of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

 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.

UAS will ensure compliance with § 45.29(f) to meet the intent of the regulation by 

displaying the registration number in the largest practicable lettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) – Private and Commercial Pilot 

Privilege and Limitations

 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this 

section, no person who holds a private pilot certificate may act as pilot in command of 

an aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. (b) A private 
pilot may, for compensation or hire, act as pilot in command of an aircraft in connection 

with any business or employment

 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial 

pilot certificate may act as pilot in command of an aircraft – (ii) For compensation or 

hire, provided the person is qualified in accordance with this part and with the applicable 

parts of this chapter that apply to the operation.

I, Joe Polillio (Joe Polillio Productions, LLC), can achieve an equivalent level of 

safety as achieved by current Regulations because my UAS does not carry any 

pilots or passengers. While helpful, a pilot license will not ensure remote control 

piloting skills, although I am currently training for my Sports Pilot License and will 

require any PIC to have a Sports Pilot License as a minimum and comply with all 

Federal Aviation Regulations. 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 me, to operate my UAS meet and exceed 

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

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

No person may operate a civil aircraft unless it is in an airworthy condition.

Currently there is no airworthiness certificate for sUAS. Daily pre and post flight 

inspections will be accomplished in accordance with manufactures maintenance 

manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and abort 

air operations immediately upon identification of an in-flight emergency or other 

unsafe condition. 

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard 

requirements

(b)(2) prohibits operation of U.S.-registered civil aircraft 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.

By keeping all operating documents, manuals, authorizations and exemptions in 

a binder co-located with the GCS, I can meet the intent of the regulations and 

therefore achieve an equivalent level of safety.
 14 C.F.R. 91.109(a) – Flight Instruction

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.

The majority of sUAS by design are developed with single operational control 

through the use of pre-determined GPS enabled waypoints programmed before 

or during flight in addition to the use of a single hand held transmitter or control 

station controlled by the PIC. The design does not allow for dual controls during 

flight training and therefore the exemption is requested to train operators, build 

experience, and maintain proficiency. An equal level of safety will be achieved by 

conducting all training in a sterile environment. Training sessions will be 

accomplished separately from flights conducted for compensation or hire.

 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft

below the following altitudes: (b) 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. (c) Over other than 

congested areas. 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. (d) Helicopters, powered 

parachutes, and weight-shift-control aircraft. If the operation is conducted without 

hazard to persons or property on the surface — (1) A helicopter may be operated at less 

than the minimums prescribed in paragraph (b) or (c) of this section, provided each 

person operating the helicopte r complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA.

Commercial UAS operations will be conducted at or below 400 ft. AGL. Given the 

size, weight and lack of fuel; combined with operation limitations listed below, the 

operation will be conducted with a greater level of safety than exists with current 

manned aviation operations.
 14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight

level of that aircraft, as the case may be, by reference to an altimeter that is set,

when operating...

SUAS are equipped with Global Positioning System (GPS), which provide 

altitude and geo-location data to the operator without utilizing an altimeter. Due to 

this fact, an exemption is required. GPS are precise within a few feet and 

combined with fail-safes and a visual observer the operation will meet an 

equivalent level of safety.

 14 C.F.R. 91.151(a) – Fuel Requirements for Flight in VFR Conditions

 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— (1)

During the day, to fly after that for at least 30 minutes;

This regulation is written based on the capabilities of a traditional aircraft, which 

have flight times of several hours or greater; therefore, with the majority of sUAS 

which have flight times of only an hour or less, this regulation would effectively 

deny the ability of the air vehicle to operate.

The UAS displays a visual and emit an audible low battery alert at 30%, then at 

the 10% warning, the UA will automatically engage the landing sequence. Based 

upon that safeguard and the small operational area in VLOS, the operation can 

meet an equivalent level of safety.

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – 

Maintenance Inspections

 91.405(a) States: Each owner or operator of an aircraft—(a) 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

 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of this chapter
 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no 

person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had—(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. No inspection performed under paragraph (b) of this section 

may be substituted for any inspection required by this paragraph unless it is performed 

by a person authorized to perform annual inspections and is entered as an ‘‘annual’’ 

inspection in the required maintenance records.

 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 

91.411 and 91.413, each registered owner or operator shall keep the following records 

for the periods specified in paragraph (b) of this section: (paragraphs 1 (i – iii), 2 (i – vi)); 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(paragraphs 1 – 3)

Due to the fact that the UAS at present do not have airworthiness certificates, 

these regulations do not apply and therefore an exemption is required. Pre/Post 

flight inspections and maintenance will be conducted in accordance with the 

manufacturer’s guidance as stated in the operations manual. In addition, to meet 

the intent of these regulations, I will maintain daily logs of pre and post flight 

inspections. If maintenance is required, a dedicated test flight will be conducted 

to ensure safety before resuming commercial operations. All inspection, 

maintenance and alterations will be documented and maintained in a record. 

These actions will meet the intent of the regulations from which exemption is 

being requested and lead to an equivalent level of safety.
Aircraft operated by Joe Polillio Productions LLC:

1. DJI Inspire 1

DJI’s has created an incredibly safe and reliable aircraft in the Inspire 1

Technical Properties:

• Professional DJI flight control system

• 3-axis gimbal stabilized 4K camera

• HD wireless video transmission

• Full remote camera control capability

• App controlled manual camera settings

• GPS-free indoor stabilization

(See Attached links for Manuals & Safety Guidelines)

http://download.dji-innovations.com/downloads/inspire_1/en/

Inspire_1_User_Manual_v1.2_en.pdf

http://download.dji-innovations.com/downloads/inspire_1/en/

Inspire_1_Safety_Guidelines_en.pdf
2. DJI Spreading Wings S1000

 • Large Carrying Capacity, Strong and Stable

 • Highly Portable, with Foldable Arms

 • New Power Distribution System

 • Removable Upper Center Board

 • Sparkproof Plug

 • Professional Quality

 • Wide Range of Shooting Angles

 • Retractable Landing Gear

 • Compatible with Zenmuse Gimbals

 • Reduced Vibrations, Clearer Footage

 • Greater Power

 • Innovative Arm Design

(See Links for Manual)

http://download.dji-innovations.com/downloads/s1000/en/

S1000_User_Manual_v1.10_en.pdf
FCC Compliance

These devices comply with part 15 of the FCC Rules. Operation is subject to the 

following two conditions: (1) This device may not cause harmful interference, and

(2) This device must accept any interference received, including interference that 

may cause undesired

operation.

see http://download.dji-innovations.com/downloads/inspire_1/en/

Inspire_1_User_Manual_v1.2_en.pdf

Spektrum DX9 Transmitter for Spread wings see: 

http://www.horizonhobby.com/pdf/SPMR9900-Manual_EN.pdf
General Operation Standards

- Flight operations will be conducted with a valid Certificate of Authorization 

(COA)

- Contact proper Air Craft Organization (FSDO) to issue a NOTAM

- Only operate sUAS in Visual Line of Sight (VLOS) following all Federal Air 

Regulations (FAR) so as to not create any hazards to users of the NAS or the 

Public

- Use of a Visual Observer (VO) on all operations

- operations conducted conducted within 5NM of an airport with a control tower, 

the Control Tower will be contacted to receive permission for sUAS operations. 

The Pilot in Command (PIC) will yield the right of way to avoid flying near full 

scale aircraft. The sUAV will not be operated within in take off or final approach 

areas or any runway.

- The sUAV will not be operated at an altitude that exceeds 400 feet AGL, with 

weather minimums of 3 miles visibility and 1000 foot ceiling

- Operation in Day light hours only

- Flights will not exceed 25 minutes and will begin return to home (RTH) and 

landing procedures when battery power decreases to 30%

- Preflight Safety briefing and location scouting will be done prior to each flight, 

this includes but is not limited to: clearing the area of personnel or bystanders, 

marking out potential hazards and obstructions, as well as full inspection of all 

equipment involved in the flight operation

- Minimum crew will consist of a qualified sUAS pilot and Visual Observer

- sUAVs weigh less than 55lbs including payload which consists of camera, lens 

and Gimbal

- sUAV will not exceed a speed of 60 knots, will have hovering capabilities and 

can simultaneously move in a vertical and horizontal direction

- sUAVs included in this petition conform to the Reform Act’s safety 

Requirements
Safety

Operational Safety is vital not only for the health and well being of all participants, 

bystanders and property, but also necessary to ensure the reputation and viability 

of Joe Polillio Productions LLC. The following safety measures will be used in all 

sUAS operations, but not limited to the following:

- Preflight Inspection of sUAS and it’s parts

- worksite inspection and analysis

- preflight planning in accordance with Section 91.103 Preflight Action

- Safety proceeders that are noted above in “General Operation Standards”

- Maintain clear communication between PIC & VO and other participants

- Will keep all operating documents, Manuals, authorizations and exemptions in 

a Binder

- Will terminate safely, any flight that jeopardizes any person or property

- Will terminate safely, any flight that is not able to adhere to the limitations 

granted by this exemption

- Use of Preflight Checklist, maintenance logs, flight logs

- Any incidents will be reported within 24 hours of occurrence
Before starting

• Check the reliability of the Multi-Rotor.

• Flight battery, transmitter and iPod battery must be fully charged.

• Always turn on the transmitter first and then the Multi-Rotor.

• Watch for visible damage such as loose screws, broken, unbalanced or 

damaged propellers, faulty connectors, broken pipes, etc.

• Propeller must be in a good condition and securely mounted. Rotors must spin 

smoothly. Ensure that there are no objects are in the rotational plane of the 

propellers or within a distance that poses a risk of obstruction. Rotating propeller 

ends are dangerous to touch - never touch a rotating propeller with fingers or 

other body parts.

• Ensure that the selected channel on the remote control is free and that you're 

within range of the transmitter.

• Ensure the sensors are calibrated (when the motors are off move yaw and gas 

stick into upper left corner until it beeps).

• Different settings can result in fundamentally different flight characteristics and 

occupation of the Channel functions. Make sure that you are familiar with the 

setting and its features.

• After starting the motors, check that all motors are running and rotate evenly. 

Please fly carefully at a low altitude until you know that everything is working fine.

• Perform a pre-flight check (see checklist below).

• Start manually - switch off altitude control and GPS.

Checklist (pre-flight check)

• Weather conditions are suitable.

• Frame and all screws are tight.

• Propeller not damaged and tightly fixed.

• Battery fully charged and securely mounted.

• Transmitter battery charged and the antennas are free.

• Channel of the transmitter is not busy. If 35/40/70MHz or other MHz-RCcontrols are in operation simultaneously, the used channels must be checked 

with the other pilots (not necessary for 2.4 GHz systems).

• Check RC(TX/RX) operation range (on the ground!) from time to time (and 

before 1st flight).
• Ensure there is nothing in the danger zone of the propeller.

• Ensure enough space for launch and flight.

• Ensure the GPS module (if any) has GPS fix. If CH or PH is active it will beep 

every second. Check

that when you switch to GPS mode, there will be an audible beep.

• For manual start ensure GPS and altitude controls are turned off.

• Ensure sensors are calibrated and that the right setting is loaded.

• Ensure the trim of the remote control is in neutral position.

During the flight

• Do not take risks! Your own safety and that of your environment depend on the 

good behavior of the pilot. Always maintain a safe distance from people, animals 

and objects. Improper operation can cause serious injury and property damage! 

Never fly towards viewers and avoid flying over spectators.

• Keep in mind that viewers could get close to the Multi-Rotor, without being 

aware of potential dangers.

• Always turn off the Multi-Rotor first and disconnect the flight battery before 

turning off the transmitter.

• Only fly in line of sight. In the case of manual control, you must be able to see 

the position and altitude. Never fly over 500 feet.

• Never rely 100% on functions such as GPS, compass, or altitude control. You 

must always be able to take manual control of the Multi-Rotor.

• Reduce the throttle or switch off the motors in case of a crash or failure.

• Do not fly in restricted air space, such as in the vicinity of airports, etc.

• Pay attention to under-voltage warning -flying on an empty battery can cause 

damage to the batteries and crash.

• If a defect or malfunction has occurred, it must be corrected before the next 

start.

• When using GPS, take note that the position of the Multi-Rotor can change 

suddenly.
After the flight

• Disconnect the battery and check all over for damage. Make sure that there is 

no damage to the propellers.

• See the Handling and safety precautions of Lipos.

• If the Multi-Rotor is involved in a crash or hard landing the sensors and 

electronics might be damaged. Before the next start everything must be checked.
Pilot in Command (PIC)

All Flight operations will be conducted by two individuals who will remain on the 

ground at all times in verbal communication with one another.

PILOT: a pilot in command will have the following credentials:

1. Minimum of a sport pilot certificate or greater

2. A third class medical certificate issued under 14 CFR 67 or valid US driver’s 

license

3. Certificate of competency for UAS issued by UVX University or equivalent 

4. At least 200 Flights and 25 hours of Flight experience in a UAS multi rotor 

craft

5. At least 5 hours of Flight experience and 3 takeoff and landings in the make 

and model to be flown in the prior 90 days

6.

Visual Observer (VO)

-The VO must have good eye sight, communication skills and perform the 

following:

- Warn PIC of any obstacles in flight path of sUAS

- Warn PIC of any deviations in planned flight path of sUAS

- Warn PIC if any unauthorized personnel enter the area

- VO has authority to order PIC to terminate flight if flight can not be safely 

conducted
Summary

Upon granting the exemption request by the FAA to Joe Polillio Productions LLC,

Joe will assume all responsibilities that conducting aerial operations using sUAS 

as described in the application following strict procedures, check lists and proper 

maintenance in accordance with all FAR. This will ensure public safety and 

successful operation using sUASs for photography and video production of TV, 

Film, commercial advertising, real-estate, agriculture and inspection.

Sincerely,

Joe Polillio

Joe Polillio Productions LLC

6 Seymour Rd.

Denville , NJ 07834

ph: 212-727-7450

www.polillio.com