US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation 

October 8, 2015

Robert W. Counts

21410 Lyndall Ln.

Porter, Texas 77365

Rwc54@earthlink.net

832-233-3363

U.S Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR

91.7(a); 14 CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 

CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 

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

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 of Unmanned Aircraft Systems (UAS), Robert W. Counts

hereby applies for ·an exemption from the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of

Designated UAS, provided such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333. 

Thank you in advance for your consideration. 

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

sensors, would provide professional services in the following areas:

1. Roof Inspections

2. Real Estate 

3. Search and rescue/ Disaster relief

4. Aerial Videography / Photography / Cinematography 

5. Land Inspections
6. Personal Photos/videos

7. Emergency Services 

8. Site Inspections

9. Public Events 

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

designated UAS as set forth in this document under controlled conditions in the NAS 

that would be a) limited b) controlled c) predetermined and d) safe. Approval of 

this exemption would increase public awareness of UAS operations and enhance 

safety to aid in fulfilling 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

Robert W. Counts

21410 Lyndall Ln.

Porter, Texas 77365

Rwc54@earthlink.net

832-233-3363

From which the exemption is requested: 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

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a)

14 CFR 91.405 (a)

14 CFR 91.407 (a)

14 CFR 91.409 (a)

14 CFR 91.417 (a):

And any you seem to deemed necessary for the exemption.

Robert W. Counts will operate one or more of the Following model UAS

DJI Phantom 3 Pro
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 graciously 

requests that the FAA grant the requested exemption.

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:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and 

camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of

no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual 

Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in 

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve 

or 30 minutes of flight time whichever occurs first.

5. 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. 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer 

(VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a 

minimum of 20 hours on the designated UAS. 

8. A safety briefing will be performed prior to each day's flights consisting of all the days' 

Production activities. 

9. All flight activities will be logged. 

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 
12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight.

14. 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 U.S. Department of Transportation required under the FOM. With the advanced 

permission of the FSDO, operations at closer range may be approved.

15. 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.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a predetermined

location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an

automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies such as low battery.

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 

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). US Department of Transportation February 20, 2015 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 The 

proposed UAS

operations 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 

It is believed that 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 checklists 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 is 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 pre obtained consent.

The equivalent level of safety will be achieved

given the size, weight, and 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 SSibs. 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 U.S. 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 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 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. The 
applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

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 well under the proposed 551b

limit 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 sections 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, and 

a link on last page, the operator will ensure that the UAS is in working order prior to initiating flight 

and perform required maintenance needed. I Believe everything is in the publics intrest.

Additional Information.

The applicant Robert W. Counts believes this exemption request and associated

safety considerations adequately satisfy criteria provided in Section 333 of the 

Reform Act of 2012, providing sufficient justification for the granting of 

commercial operations of the applicant's

UAS.
The applicant, Robert W. Counts requests your respective approval of this 

Section 333 exemption petition request.

Thank you for your attention in this matter. Please notify Robert W. Counts

of your actions, and or approvals. Thank you, for your interest in this request

Sincerely, 

Robert W. Counts

DJI	Manual	Link	:	

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man

ual_v1.4_en_0915.pdf