Joshua A. Strunk

359 Norwich Westerly Road

North Stonington, CT 06359

C: 860.460.2501

I, Joshua Strunk, am petitioning the Federal Aviation Administration for exemption from part 21, 

subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 

91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of 

Title 14, Code of Federal Regulations (14 CFR). 

Summary:

The exemption would allow me to operate a DJI PHANTOM 2 Vision+ quad-copter unmanned 

aircraft system (UAS) to conduct aerial photography and cinematography to perform geographic 

studies of the Southeastern New England Region pertaining to coastal geomorphology and fluvial 

change in coastal regions and augment real estate listings to show boundaries and proximity to the 

natural and anthropogenic surroundings.

Description:

I have taken 4 hours of flight training as a private pilot to date and plan to continue working to earn 

my private pilot’s license. With this said there is very little, if anything, in common while flying a 

small aircraft with enclosed cabin and a 3.5 pound UAS. The flight characteristics, control schemes, 

methods of preflight and everything from take off until landing are different. To keep the various 

craft from intruding into each other’s airspace is the most important goal. Knowing the appropriate 

airspace and approach routes for various craft is extremely important and the most important 

trans-craft knowledge to be had.

As such the exemptions from the following sections would permit me to operate a UAS in a safe and 

controlled manner away from the airspace that aircraft are permitted to use; or if the UAS is to 

enter the same airspace all property authorities shall be notified to ensure all required persons are 

aware of the UAS. The following statements and exemption requests will detail how the safety 

precautions will be met. Permitting exemption to the following would allow the public to see how a 

UAS can be used to promote public awareness and demonstrate the usefulness of small UAS to 

photograph areas and regions in circumstances where large aircraft are not feasible due to 

geographic or monetary reasons. Examples would be detailed, high resolution images of rivers, 

beaches, and estuaries showing the changes due to sea level rise, storm events and anthropogenic 

acts like jetties and breach ways.
Sections for requested Exemption:

Responses to the following sections are in italics.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, 

productions approvals, airworthiness certificates, and airworthiness approvals. 

Section 45.23(b) prescribes that 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. 

The size of the UAS is too small to fit the required markings on the fuselage. A smaller type or 

different designation could be used.

Section 61.113(a) and (b) prescribes that— 

(a) 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; 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 if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

The UAS is not capable of carrying passengers or is able to carry cargo aside from the mentioned 

gimbal mounted camera.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition. 

There are no specifications on what makes a UAS airworthy, during the preflight checks all 

propellers and mountings are checked for damage and operation.

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining 

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when 

unairworthy mechanical, electrical, or structural conditions occur. 

Preflight checks shall be completed before lift off and continuous monitoring of in-flight systems 

shall be performed from the ground station from the moment of powering up for preflight until 
shutting down at the end of the operation.

Section 91.9(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. 

Supplemental materials will include equipment and flight manuals issued with the UAS.

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at 

airports of intended use, and takeoff and landing distance information. 

All landing zones will be thoroughly checked and flight areas reviewed before any flights are made.

Section 91.109(a) prescribes, in pertinent part, 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. 

The system is not available with dual controls, though with the UAS size and training in safe areas 

the instruction could be contained to a safe altitude and area where safety can be optimized for all 

involved.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface. 

 

(b) Over congested areas. 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 helicopter complies with any routes 

or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 
Due to altitude limitations and the desire to avoid passenger carrying aircraft it is requested 

to maintain a maximum ceiling of 400’ with typical heights being below that dependent on 

angles and shots for photographic use.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as 

prescribed in part 43 of the chapter. 

As there are no current maintenance requirements for UAS of this type it is not possible to meet this 

requirement at this time.

 

Section 91.121 requires, in pertinent part, 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.” 

The UAS is single operator only with no dual controls so there will be only one pilot during flight, the 

GPS system will reference the altitude at the launch point for every flight. This will also be the point 

that the UAS will return to upon completion.

Section 91.151(a) prescribes that 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 [emphasis added]. 

 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second 

copy of the Aircraft registration Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless 

the airworthiness certificate 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. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an 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 the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

There are currently no airworthiness certificates for the UAS to be used and also as there is no cabin 

cockpit or passenger compartment on the UAS it is not possible to store certificates on board the 

craft.
Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in 

paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 

records must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are 

maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date when 

the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to 

the airframe and currently installed engines, rotors, propellers, and appliances. 

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

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 
repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under 

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

Records of maintenance and engine replacement can be kept as well as prop changes and 

any repairs or fixes to the gimbal, electronics, and camera system. Due to the cost of parts 

and fact that it is cost effective to completely replace parts instead of repair them 

maintenance records may not apply. 

Supporting Information: 

The petitioner has provided the following information – contained in his petition and supporting 

documentation including: 

PHANTOM Quick Start Guide, PHANTOM Pilot Training Guide v.1.1, PHANTOM 2 Vision+ User 

Manual v1.6, Smart Flight Battery Safety Guidelines

Unmanned Aircraft System (UAS)

I plan to operate a UAS, the PHANTOM 2 Vision+, which is comprised of an unmanned aircraft (UA 

or PHANTOM) and a hand held ground station. The PHANTOM is referred to as a quad-copter with 

a maximum gross weight of about 3.5 pounds. It is equipped with four rotors that are driven by 

brush less electric motors powered by a rechargeable smart battery that records discharges and the 

life of the battery. The UA has a maximum airspeed of 25 mph with no wind. The UAS has a 14mp 

camera mounted on a powered gimbal beneath the frame. 

I plan to operate the UAS in New England (CT, RI, MA, VT, NH, ME) testing the practicality of using a 

UAS to check coastal change and the evolution of riverine environments. I would also like to 

photograph real estate and landscapes to demonstrate the aesthetic beauty of New England via 

photographic and cinema graphic presentations. 

The following are safety precautions I will take before each flight and as training for operations:

 To date I have accomplished 46 hours of flight time with the DJI Phantom Vision 2+ and will 

continue practicing 2-4 hours per week in a safe and controlled manner.

 I will operate the UAS away from densely populated areas and fully examine the regions 

where flights will take place to check for emergency landing areas.

 I will conduct preflight inspections of the craft and ground station controls to insure a 

constant connection and set the GPS home base feature prior to launch. The home base 

feature sets the point of launch as the point of return in case the UAS loses contact with the 

base station.
 Preflight checks will consist of propeller and motor operation tests as well as ensuring all 

batteries are charged and control interfaces are talking to each other to confirm complete 

control during the flight.

 A spotter will be used in any region that requires it, this being areas where tree cover or the 

placement of buildings could restrict direct LOS between the PIC and UAS. Spotter and PIC 

will be in constant communication via VHF radio with cellular phones as a backup.

 If a spotter is required the spotter would be fully briefed on the flight operation and what 

they will be looking for in terms of obstructions, flight patterns, and emergency landing 

areas.

 The UAS will be operated in the FCC compliance mode.

Given the size, weight, speed, and limited operating area associated with the UAS to be utilized, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) 

(Certifications required), subject to certain conditions and limitations, is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 

(Section 333). 

An exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or 

pilot station on which to mark certain words or phrases. Two inch lettering is difficult to place on 

such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of 

this, the UAS can be marked in the largest possible lettering by placing the word “Experimental” on 

its fuselage as required by § 45.29(f) so that the pilot or anyone assisting as a spotter will see the 

markings. 

An exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance 

inspections is required since they only apply to aircraft with an airworthiness certificate. 

UAS Pilot in Command (PIC) 

Under § 61.113 (a) and (b) private pilots are limited to non-commercial operations, however an 

equivalent level of safety as achieved by current regulations because the UAS does not carry any 

pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting 

skills. The risks of operating a UAS are far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR part 61, et seq., thus requests an exemption from § 61.113 Private Pilot 

Privileges and Limitations: Pilot in command.

Regarding UAS operational training, numerous practice flights have been flown in remote areas as a 

hobbyist simulating flights for future commercial use to gain familiarization with the characteristics 

of the UAS performance under different temperature and weather conditions. 

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary 

airman certificate in accordance with § 63.13, to allow the FAA time to establish minimum UAS 

airman certification standards. 

UAS Operating Parameters 
The following additional operating conditions will be followed:

• operate the UAS below 400 feet and within a radius distance of 1000 feet from the controller to 

both aid in direct line of sight visual observation;1

• operate the UAS for 3-10 minutes per flight, and land before the UAS indicates a battery charge 

below 30%; 

• land the UAS prior to the manufacturer’s recommended minimum level of battery power; 

• operate UAS only within visual line of sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then 

slowly lands if communication with the remote control pilot is lost; 

• conduct all operations under personal and flight safety protocols contained in the operating 

documents and will actively analyze flight data and other sources of information to constantly 

update and enhance safety protocols; 

• contact respective airports if operations will be within 5 miles to advise them of the estimated 

flight time, flight duration, elevation of flight and other pertinent information; 

• obtain all necessary permissions prior to operation; and 

• have procedures in place to abort flights in the event of safety breaches or potential danger. 

§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. Since there is 

currently no certificate applicable to this operation, this regulation is inapplicable at this time. 

§ 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or 

passengers on board this aircraft and given its size, this regulation is inapplicable. An equivalent 

level of safety can be achieved by maintaining a safety/flight manual with the UAS ground station. 

§ 91.103(b) Preflight action, there are no preflight checklists for this UAS but the steps listed 

previously will be taken before every flight.

§ 91.109 Flight instruction; simulated instrument flight and certain flight test, there are no flight 

examinations for this UAS or certified instructors or certified learning courses at this time.

§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows helicopters to 

be operated at lower altitudes in certain conditions. The UAS will not be operated above the 

altitude of 400 feet above ground level (AGL) and will also only operate in safe areas away from the 

public and traffic, thus “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 the UAS, an 

equivalent or higher level of safety will be achieved. 
§ 91.121 Altimeter settings is inapplicable since the UAS utilizes electronic GPS.

§ 91.151(a) Fuel requirements for flight in VFR conditions, at any point when the weather does not 

permit direct visual contact with the UAS via the PIC or spotter the UAS will be landed immediately.

Public Interest 

Aerial photography and videography for geographical awareness and for real estate marketing has 

been around for a long time through manned fixed wing aircraft and helicopters, but for small 

business owners, its expense has been cost-prohibitive. The cost prohibition does not permit 

seasonal or repeated over flights for many institutions which could mean several years between a 

regions being photographed. Small areas of study could be repeatedly photographed permitting in 

depth study of an areas change in geomorphology through the seasons and after storm events. 

Granting this exemption would allow this service to be provided at a much lower cost, allowing for a 

much greater utilization. Further, this small UAS will pose no threat to the public given its small size 

and lack of combustible fuel when compared to larger manned aircraft. 

Example Study Region

The following aerial images display a prospective study region on the Connecticut-Rhode Island 

border. Sandy Point is a 1.25 mile long variable sand bar at the mouth of the Pawcatuck River. The 

images are depicted temporally showing the change in the sandbar over the course of 22 years. 

While it’s obvious the bar is shifting the exact cause for the dramatic changes is more difficult to 

determine; floods, hurricanes, or Nor’easters could be responsible but without more frequent 

imaging the amount of shift due to a single event is difficult to determine.

The variations visible in the sand bar, especially along the western edge are easily apparent as the 

images progress. Due to the separation in time it is difficult to attribute the movement to any 

specific event. Utilizing UAS photography more detailed and frequent images could delineate what 

events are causing the movement.
April 1991

April 2003
August 2006

July 2008
April 2013