May 29, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, , Thomas and Caitlin Morton dba Windtrap Digital Media, LLC., operator of Unmanned 

Aircraft Systems (UASs), hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its UASs, 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.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would operate in the following manner: 

- Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

- Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering. 

- Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

- Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

- Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

- The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for 

the protection of the persons and property. 

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry 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.”
The name and address of the applicant is: 

Windtrap Digital Media, LLC

EIN: 47-4110546

Attn: Thomas Morton and Caitlin Morton, 

Phone: 989-573-2761

Email: windtrapdigital@gmail.com

Address: 14564 Coles Creek Rd, Atlantic Mine, MI 49905

The regulations from which the exemption is requested are as follows: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133 (a);

14 C.F.R. 91.7(b); 

14 C.F.R. 91.9(b)(2); 

14 CFR 91.103;

14C.F.R. 91.109 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2};

14 C.F.R. 91.417(a) & (b). 

Equipment List

Windtrap Digital Media, LLC, seeks an exemption to legally operate the following UASs for compensation 

or hire: (Manuals available)

- DJI Phantom 3 Professional

o Total weight: 1280g 

o Diagonal Size (Including Propellers): 590mm

o Max Ascent Speed: 5 m/s

o Max Descent Speed: 3 m/s

o Under still air the maximum speed is about 16 m/s (about 36 mph)

o Max altitude above sea level: 6000 m

o Operating Temperature: 00C to 400C

o Max flight time: approximately 23 minutes

o GPS Mode: GPS/GLONASS
o The DJI Phantom 3 has the ability to hover and move along a vertical and horizontal 

plane simultaneously. 

o Four motors, four propellers

o Intelligent Flight Battery: PH3-4480 mAh-15.2 V, Lithium Polymer 4S battery. 

o The DJI Phantom 3 remote controller has an operating frequency of 2.400 GHz-2.483 

GHz including live video downlink and telemetry data.

o Maximum transmission distance: 2000m (outdoors and unobstructed)

o User Manual: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v

1.0_en.pdf

- 3DR Iris Plus

o Total weight(with battery): 1282 g

o Dimensions: Height 100mm, Motor-to-motor 550mm

o Under still air the maximum speed is about 40mph (17.9 m/s)

o Max flight time: 16-22 minutes* (*depending on payload)

o Payload max capacity: 400g (.8 lbs)

o GPS Mode: 3DR uBlox GPS with compass (LEA-6H module, 5 Hz update)

o The 3DR Iris+ has the ability to hover and move along a vertical and horizontal plane 

simultaneously. 

o Four 950 kV motors, four 9.5 x 4.5 T-Motor multirotor self-tightening propellers 

o Intelligent Flight Battery: 3S 5.1 Ah 8C lithium polymer

o The 3DR Iris+ remote controller has an operating frequency of 915 mHz for telemetry, 

2.4 GHz for control.

o Maximum transmission distance: up to 1 km (.6 miles) (outdoors and unobstructed)

o User Manual: http://3drobotics.com/wp-content/uploads/2015/02/IRIS-Plus-OperationManual-vH-web.pdf

- DJI Inspire 1 (Model T600)

o Total weight (including battery): 2935g 

o Diagonal Size (Including Propellers): 559 to 581 mm

o Dimensions: 438x451x301 mm

o Max Ascent Speed: 5 m/s

o Max Descent Speed: 4 m/s

o Under still air the maximum speed is about 22 m/s (about 49 mph)

o Max altitude above sea level: 4500 m

o Operating Temperature: -100C to 400C

o Max flight time: approximately 18 minutes

o The DJI Inspire 1 has the ability to hover and move along a vertical and horizontal plane 

simultaneously. 

o Four DJI 3510 motors, four DJI 1345 propellers 

o Intelligent Flight Battery: LiPo 6S High voltage battery, model TB47, 4500mAh, 22.2 V

o The DJI Inspire C1 remote controller has an operating frequency of 5.725~5.825

GHz;2.400~2.483 GHz including live video downlink and telemetry data.

o Maximum transmission distance: 2000m (outdoors and unobstructed)
o User Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

- 3DR Solo

o Total weight(with battery): 3.3 lbs

o Dimensions: Height 10.2 in, Motor-to-motor 18.1 in

o Max Ascent Speed: 5 m/s (11 mph)

o Max Descent Speed: 2.5 m/s (5 mph)

o Under still air the maximum speed is about 55 mph (24.5 m/s)

o Max altitude: 400 ft

o Max altitude above sea level: 10,000 ft

o Operating Temperature: 320F to 1130F

o Max flight time: 25 minutes

o Payload max capacity: 1.1 lbs

o GPS Mode: 3DR uBlox GPS with compass (LEA-6H module, 5 Hz update)

o The 3DR Iris+ has the ability to hover and move along a vertical and horizontal plane 

simultaneously. 

o Four 880 kV motors, four 10 x 4.5in self-tightening propellers 

o Intelligent Flight Battery: lithium polymer, 5200 mAh, 14.8 Vdc

o The 3DR Solo remote controller has an operating frequency of 2.4 GHz for telemetry and

control.

o Maximum transmission distance: up to 2,500 ft (outdoors and unobstructed)

o User Manual Location: 

https://www.dropbox.com/s/8bpxea9a615otkk/Users%20Manual.pdf?dl=0

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 for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations 

and conditions to which the applicant agrees to adhere to when conducting commercial operations 

under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

 The UAS will weigh less than 55 lbs.

 The UAS will have a maximum operating speed of no more than 87 knots or 100mph, or the 

maximum airspeed recommended by the manufacturer (whichever is lowest).

 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 20% battery power reserve or 30 minutes of flight time whichever 

occurs first. 
 Flights will be operated at an altitude of no more than 500 feet Above Ground Level (AGL) and 

not more than 200 feet above the highest point on the structure being filmed. 

 Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator. 

 The UAS pilot/operator will have been trained in operation of sUAS generally and received upto-date information on the particular sUAS to be operated.

 The UAS pilot/operator will have at least a class 2 medical certificate.

 If the PIC feels another operator to be qualified with the necessary skills to be PIC, 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 Visual Flight Rules 

Meteorological Conditions (VFR) 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. 

 The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination, as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range 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 or loses GPS signal, 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) 

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," "lightsport," "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. The FAA has 

found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would 

not adversely affect operations in the NAS or present a hazard to persons or property on the ground. 

Request relief with limitations and conditions specified in this petition.

14 C.F.R. § 61.133 (b): Commercial pilot privileges and limitations.

The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a 

sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on 

the ground. Request relief with limitations and conditions specified in this petition.

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. Windtrap Digital Media, LLC will conduct all flight training through 

procedures specified in Training Instruction during dedicated training sessions. Based on previous 

decisions made by the FAA for sUAS petitions regarding this regulation, relief is not necessary.

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

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 pre-obtained consent. 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 

400 ft 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 30 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 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 

30 minutes or 20% 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.

Additional Information 

The primary applicant, Thomas Morton , has been involved in the building and piloting of remote 

controlled aircraft for more than 3 years. Also the primary pilot, Thomas Morton has been flying UASs as 

a hobbyist during that time and has logged well over 40 hours of flight time. Thomas Morton has an indepth understanding of the capabilities and safety concerns involved in using this technology as an asset 

to the community. Additionally, Thomas has flown ultra-lite aircraft for the past 4 years with over 100 

flight hours. 

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate 

justification for the grant of the requested exemptions allowing the commercial operation of the 

applicant’s UAS.

Sincerely,

Thomas & Caitlin Morton

Windtrap Digital Media, LLC