Trevor Caruso

815 Loma Prieta Dr

Aptos, CA 95003

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of FAA Reform Act and Title 14, Code of Federal

Regulations (14 CFR): §§ 61.113(a) and (b); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 (“the Reform 

Act”), Trevor Caruso (referred to herein as “Applicant”), developer and operator of small Unmanned Aircraft 

Systems (“sUASs”) equipped to conduct aerial photography/filming operations for a range of business including 

insurance, real estate, agriculture, infrastructure inspection, and motion picture and television production, hereby

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

of its sUAS, 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.

As described more fully below, the requested exemption would permit the operation of sUAS under controlled 

conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4) would provide safety

enhancements to the already safe businesses 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,” Section 333(c) of the Reform Act.

The name and address of the Applicant is:

Trevor Caruso

815 Loma Prieta Dr

Aptos, CA 95003 

glopule@yahoo.com

The Applicant requests exemption under the following Regulations:

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 3 

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) 

The UAVs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 

(GCS) utilizing electronic tablet or smart phone systems. The Phantom 2/3 are electric powered rotary wing 

UAS that are capable of transmitting live airborne video images and location information to a Ground Control 

Station (GCS). The Phantom stores the photographs and data on board and makes them available for download 

after completion of the flight. The Phantom is less than 3 pounds. 14 in x 14 in x 6 in. All are well under the 55 

lbs mandated in the FMRA. The Phantom has a maximum cruising speed of 29 knots. All are battery powered, 

have a flight endurance of 22 minutes and can operate in temperatures ranging from 0° to 40° C. ThePhantom 

has omni-directional antenna with a range of 2.1 km and operating in the 2.420 - 2.483 GHz frequency range, 

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 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. 

 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 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. Trevor Caruso 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 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 preobtained 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 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. . . . 

(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. 

In accordance with 14 CFR Part 11, the following summary is provided for publication in

the Federal Register:

The Petitioner seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR

61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14

CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) to 

commercially operate small unmanned aircraft systems (55 lbs. or less) in order to safely and legally 

capture aerial photography and videography for use by homeowners, realtors, home builders, home 

contractors, and/or home inspectors.

The operation of SUASs conducted in the strict conditions outlined above, will provide an equivalent 

and/or greater level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment, and as a 

result, are far safer than existing operations conducted with helicopters operating in close proximity to 

the ground, people, or other buildings in the vicinity. Given the small size of the SUASs involved, the 

slow speed at which they must be operated in order to capture photos and videos, and the restricted 

environment within which they will operate, the Petitioner demonstrates that it can be operated within 

an equivalent level of safety in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of SUASs to commence immediately. Also, due to the size of the SUASs and 

the restricted areas in which the relevant SUASs will operate, approval of this application presents no 

threat to national security.

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

Aviation Act, the strong equivalent level of safety surrounding the proposed operations, the significant 

public benefit – including enhanced safety, reduction in environmental impacts, no emissions, ability to

legally obtain aerial photography and videography services – the grant of the requested exemptions is 

in the public interest. Accordingly, the Petitioner respectfully requests that the FAA grant the requested 

exemption without delay.
Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, speed, operating 

capability, proximity to airports and populated areas, operation within the visual line of sight, public 

safety, and national security – provide more than adequate justification to grant the Petitioner the 

requested exemption, allowing for commercial operations as described herewith.

Respectfully submitted,

Trevor Caruso