Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Joshua Stephen

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS  PURSUANT TO 

SECTION 333 OF  THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 26, 2016

Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

518-470-0431

Joshstephen@gmail.com
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Table of Contents

GLOSSARY OF ABBREVIATIONS

INTRODUCTION AND INTERESTS OF THE PETITIONER

Executive Summary

Expeditious Summary Grant Approval Request

Description of Type, Make and Models of sUAV/UAS Requested:

Commercial (Mission, Operation) Purpose:

Regulations from which the Exemption Relief is requested:

The name and address of the Petitioner:

Background

Commitment to Safety

Expertise & Experience

The Exemption Request

Operator Requirements

Aircraft and Equivalent Level of Safety

Specific Uses Public Benefits

Equivalent Level of Safety

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

14 C.F.R. §91.119: Minimum safe altitudes

14 C.F.R. §91.121 Altimeter Settings

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

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance 

Inspections

Federal Register Publication

Privacy and National Security

Summary

APPENDIX A - EXEMPTION PATTERN

APPENDIX B - TECHNICAL MANUALS AND SPECIFICATIONS

APPENDIX C - COMMERCIAL (MISSION/OPERATION) PURPOSE - FAA PREVIOUS APPROVED 

EXEMPTION NUMBERS

APPENDIX D - EQUIPMENT - FAA PREVIOUS APPROVED EXEMPTION NUMBERS

APPENDIX E - EXEMPTION 14 C.F.R - FAA PREVIOUS APPROVED EXEMPTION NUMBERS

APPENDIX F - MONTHLY MAINTENANCE AND REPAIR LOG

APPENDIX G – MOTION PICTURE AND TELEVISION FLIGHT OPERATIONS MANUAL VERSION 

1.0
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS   Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle

UA Unmanned Aircraft

UAS Unmanned Aircraft System

UAV Unmanned Aircraft Vehicle 

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Take-Off and Landing
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

INTRODUCTION AND INTERESTS OF THE PETITIONER 

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Joshua Stephen, Operator of Small Unmanned Aircraft Systems (“sUAS’s”) 

equipped to offer on-demand commercial UAS operations for a host of industries and 

applications and to perform the purposes listed below, hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

sUAVs/UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA in an exemption granted under either Section 333 or 

Section 49 U.S.C. §44701(f) 

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

under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would 

provide safety enhancements in the fields in which it will operate, which now depend upon

conventional aircraft or humans climbing high on dangerous structures, walking in insect laden 

swamps, and working adjacent to treacherous infrastructure. 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. 

Executive Summary

Expeditious Summary Grant Approval Request

The petitioner requests the agency issue a summary grant process for this application. Petitioner 

has provided in a confidential document attachment labeled as petitioner proprietary 

information, specific exemption numbers whereby the FAA has already granted a previous 

exemption similar or identical to each and every request, herein. 

For the FAA’s benefit, Petitioner’s Consultant, Gowdy Brothers Aerospace, LLC, has researched, 

categorized and arranged all 631 exemptions granted as of June 23, 2015 into a usable 

searchable database, based upon the following criteria: date submitted, date grant issued, time 

to petition grant, petitioner, petitioner’s state, exemption number, sUAV equipment type, grant 

purpose (mission/operation), along with other supporting data.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

1 Joshua Stephen relies upon the following exemptions where specific reference to 

an exemption is not provided: Exemptions 11062 thru 11067, 11080, 11109 

through 11112, 11114, 11213, 11062 and as recent as 11857.

Petitioner has identified four previous approved exemptions for each of the Petitioners FAA 

submission requests:

• Commercial (mission/operation) purposes;

• Type of sUAVs (UAS);

• Title 14 Exemptions (exemption pattern referenced in appendix A)1

Description of Type, Make and Models of sUAV/UAS Requested:

The petitioner is seeking an exemption to commercially operate sUAVs makes and models as 

follows: 

1. DJI-F450

2. DJI-F550

3. DJI - Inspire 1

4. DJI – Matrice 100

5. DJI - Phantom 2

6. DJI - Phantom 3

7. DJI – Spreading Wings S800

8. DJI – Spreading Wings S900

9. DJI – Spreading Wings S1000

10. DJI – Spreading Wings S1000+

11. 3D Robotics Aero – M

12. 3D Robotics Fixed Wing

13. 3D Robotics Iris

14. 3D Robotics Solo

15. 3D Robotics X8

16. 3D Robotics X8+

17. 3D Robotics X8-M

18. 3D Robotics Y6

 1 Petitioner submits the Appendix and Manuals marked “CONFIDENTIAL,” as they contain proprietary 

confidential business information that is not released to the public and is protected under the Freedom of 

Information Act 5 USC §552 et. seq. 5 Reform Act Section 333 (b). 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Each separately weighs 55 lbs. or less, with imaging payload and applicable equipment.

Equipment operation manuals for each sUAV are included for your reference and are considered 

confidential information for each respective company’s UAS and are affixed separately in these 

documents labeled Appendix.

Commercial (Mission, Operation) Purpose: 

This exemption request, once granted would allow the petitioner to operate a small unmanned 

aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct bridge Inspections, flare stack 

inspection, utility-power generation system inspections and patrolling, aerial inspection, 

photography and videography of residential and commercial real estate, weddings, aerial 

inspection, photography and videography of utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, 

filmmaking, cinematography, and videography, precision agriculture with on board sensors, 

wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction 

site inspection and monitoring, public entity support operations, Aerial imaging for safety, 

monitoring and comparing work efforts and completion percentages, and security of controlled 

environment of various sites, aerial video and live video feed to assist with search and rescue 

operations under the authority and support of local authority officials, aerial video and 

photography for public and private use including television, public events, and cinematography 

live feed and live newsgathering, training to persons individually or belonging to both private 

and public organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS, special events: including high schools, colleges, professional sports, 

open air events and fairs, research, risk management and assessment, motion picture 

production2

, surface mining, closed set filming3, disaster and catastrophe events.

Regulations from which the Exemption Relief is requested:

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a)

 2 Motion Picture and Television Flight Operations Manual is herein attached as Appendix G.

3 Motion Picture and Television Flight Operations Manual for closed set filming is herein attached as 

Appendix G.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)

See Appendix E

The name and address of the Petitioner:

Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

Background

The Petitioner, Joshua Stephen is a highly accomplished, capable, experienced and trusted 

professional.

Joshua Stephen has been a full-time construction professional for 19 years. His background is in 

commercial concrete construction. After finishing school Josh went to work for a local 

construction supplier that specialized in supplies for the concrete construction industry. After 

learning the business he was promoted to operations manager of the firms New York City 

location in 2002. At this location he was in charge of supplying all of the major construction 

sites in the New York City metropolitan area with various concrete construction materials for 

both repair & new construction mainly focusing on high rise construction & highway repair. Josh 

ran the New York City location for 4 years before returning to Upstate New York home location. 

In 2008 he went to work for a large commercial concrete contractor in the Albany, NY area as a 

project manager where he is still at today. He has since gone on to manage numerous projects 

throughout the country specializing in arena construction for this company. With the way the 

construction industry has grown over the past 5 years there is a growing need for aerial 

photography for job progress tracking. Josh has been interested in aerial imagery for the past 3 

years or so. Starting off with what were small toys, have now became a big part of his life with 

latest advancements in multi rotors technology. As a project manager, Josh understands the 

importance of liability and legality. He plans to pursue the aerial drone photography 

videography in the same professional manner in which he conducts himself as a project 

manager in the construction industry. The ultimate goal is to use the drone to obtain motion 

and still imagery for real estate & construction progress. In order to conduct this type of work 

within the proper legal and ethical manner, Josh is prepared to take the necessary steps. It is 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

important for him to complete the necessary training and permitting in order to obtain liability 

insurance while ensuring he can operate a drone safely, professionally and lawfully.

Commitment to Safety

As part of its commitment to safety and innovation, Joshua Stephen is asking for this exemption 

in part, to reduce the risk of injury to its employees and contractors who participate in the 

proposed activities the petitioner requests, including but not limited to damage to agriculture, 

natural habitat, buildings and other structures within the United States.

Expertise & Experience

Joshua Stephen has professional experience as a trusted sUAV pilot and is extremely qualified 

and is considered an up and coming subject matter expert in the New York area for UAS of all 

types, models and makes. 

The Exemption Request

Joshua Stephen proposes the use of the sUAVs will be for capture of high resolution imagery 

and video of residential or commercial applications and purposes to a level of quality that allows 

the Petitioner to use the imagery to identify, record, memorialize events and objects according 

to the purposes noted. 

The imagery and video will be used to identify the condition of landscapes, agriculture, events, 

disasters and infrastructure to conduct bridge inspections, flare stack inspection, utility-power 

generation system inspections and patrolling, aerial inspection, photography and videography of 

residential and commercial real estate, weddings, aerial inspection, photography and 

videography of utility infrastructure including but not limited to electrical power lines, wind 

turbines and cell towers, pipeline inspection and patrolling, filmmaking, cinematography, and 

videography, precision agriculture with on board sensors, wildlife and forestry monitoring and 

mosquito and insect control, aerial surveying, construction site inspection and monitoring, 

public entity support operations, aerial imaging for safety, monitoring and comparing work 

efforts and completion percentages, and security of controlled environment of various sites, 

aerial video and live video feed to assist with search and rescue operations under the authority 

and support of local authority officials, aerial video and photography for public and private use 

including television, public events, and cinematography live feed and live newsgathering, 

training to persons individually or belonging to both private and public organizations to increase 

awareness and improve safety for current and future UAS operations within the NAS, special 

events: including high schools, colleges, professional sports, open air events and fairs research, 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

risk management and assessment, motion picture production, surface mining, closed set filming, 

disaster and catastrophe events.

The UAS will be operated by a Joshua Stephen and or contracting operators on occasion to 

capture high-resolution imagery/video of large structures (wide and tall) such as warehouses, 

high rise buildings, bridges, and construction sites, as well as “bird’s eye” views of fire and 

explosion sites. Given the small size of the sUAVs involved, no more than 55 lbs., majority of the 

speed of operation be between 5-15 mph and the restricted environment within which they will 

operate, the Petitioner falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UASs to commence immediately.

This exemption application is submitted to fulfill Congress’ express goal in passing Sections 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following:

• The UAS’ size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the Operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely 

in the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system.” Id. §333(c) (emphasis added).4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act: The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 

of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). 

See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1) This authority to grant 

exemptions reaches such issues as authorization of commercial operation of aircraft without an 

FAA issued pilot’s license.

 5 Applicant interprets this provision to place a duty on the Administrator to not only process applications 

for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of 

the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Joshua Stephen in filing this application is requesting that the FAA combine the grant of the 

Section 333 exemption with a standard Certificate of Operation (COA) that will allow 

commercial operations of its Joshua Stephen’ sUAV without the necessity of filing for a COA for 

each flight, unless such flight is to be conducted in an area not approved in the exemption. 

Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set 

forth in prior Section 333 exemptions, provide the separation needed from other aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no closer than 5 

nautical miles of the geographic center of an airport as denoted on a current FAA published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained, 

Joshua Stephen requests that operations over congested or densely populated areas be 

allowed. The new sUAVs do have GPS geo-fencing, it will operate at a very low altitude, within 

confined areas, at low speed and weighs no more than 55 lbs. Such operations will only be 

under-taken with the approval of the land or home owner, as set forth herein, and will comply 

with the requirements that operations be no closer than 500 feet to the adjacent building unless 

the land owner has provided permission, and the Operator has made a safety assessment of the 

risk from such operations. 

Operator Requirements

Given the sUAV proposed by Joshua Stephen, Operators should not be required to hold a private 

pilot license. Joshua Stephen believes that 1) the operator, instead of understanding how to 

operate a passenger carrying aircraft, should have knowledge and experience that enables the 

safe operation of a small, remotely piloted sUAV should understand airspace restrictions and 

know how to ensure separation from other aircraft as well as non-participants and property; 2) 

the sUAV has built-in technical capabilities that limit the potential for unsafe operation and 3) 

there are other security screening mechanisms already in existence that Joshua Stephen will 

utilize to ensure the operators are acting consistently with national security interests. 

Given the sUAV safety features outlined below, Joshua Stephen proposes that its operations 

under this Exemption request should not be required to hold a commercial or private pilot 

certification. Instead, Operators should be required to: have successfully completed, at a 

minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written 

examination or FAA-recognized equivalents; have completed Joshua Stephen’ training program 

for operation of the UAS.

Joshua Stephen notes that 1) the FAA has found that safety factors permitted operation of 

sUAVs by Operators with these qualifications in the case of operations pursuant to public COAs 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

when the mandatory operating conditions specified above were present; and 2) that the Notice 

of Proposed Rulemaking entitled Operation and Certification of Small Unmanned Aircraft 

Systems, 80 F.R. 9544 (February 23, 2015) (“NPRM”), does not require the operator to hold a 

private pilot license or a third class medical.

Advanced sUAVs have a navigation and control system and auto-pilot that allows it to execute 

very accurate pre-programed flights. Flights are pre-programmed with GPS waypoint to 

establish perimeters beyond which the aircraft will not operate. Flights under auto-pilot are not 

directed by positive manual input, but through pre-programmed flight parameters that are 

executed by the auto-pilot. In the case of unplanned events, the Operator inputs 

preprogrammed evasive maneuvers from the control unit, and the autopilot executes those 

maneuvers. Pre-programmed Operator interventions include: initiation of holding at present 

position; suspension of mission; fly back to launch point; abort mission and land immediately; 

and emergency power cut off and land (flight termination system). Additional automated safety 

functions and safety enhancing features of the advanced sUAVs may include the following:

1) Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate 

landing, 

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% 

levels. Low power below 10% triggers an immediate landing, 

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold 

position at its current location for 5 seconds and if the signal is not restored, 

execute a return to home and land, 

4) Redundant “kill switches” that enable completely shutting the aircraft down in 

flight in the event of a loss of control or un-commanded deviation from the flight 

path, 

5) The aircraft, weighs less than 55 lbs., fully loaded, 

6) The motors are driven by pulse width modulated signals, not analog signals,

7) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) 

nor above 200 feet above the structure (imaging altitude) or a maximum of 400 

feet AGL. 

See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems 

(UAS) Operational Approval, at 20-21 (July 30, 2013); As the FAA has determined in 

Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the 

requirements for private pilot knowledge and the knowledge required for a commercial 

pilot, that knowledge associated with a private pilot license, and therefore private pilot 

ground school, was sufficient to allow private pilots to operate sUAVs under those 

exemptions. 

Based upon that analysis, Joshua Stephen believes successful completion of FAA private 

pilot ground school is a suitable predicate to operating the sUAV under this exemption. 

Joshua Stephen proposes that the Operator accumulate required sUAV flight training 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

hours through the operation of sUAVs rather than flight hours in conventional aircraft. 

Those hours are more relevant to the operations proposed herein than hours gained in 

obtaining a private pilot’s certificate in conventional or rotor aircraft. Those aircraft are 

orders of magnitude heavier than the sUAS and carry not only the pilot himself, but also 

passengers and fuel, none of which is carried in the sUAS. These conventional aircraft fly 

over all sorts of airspace without the permission or knowledge of the landowner. 

A handheld radio controller controls the sUAV and the vehicle is operated within the line 

of sight. The requirements of Part 61.127 (commercial flight proficiency) and §61.107 

(private flight proficiency), to the extent they are relevant to UAS operations, can be 

taught in the training proposed herein. As a review of the requirements of part 61.127 and 

107 demonstrate, the issues presented as they relate to a 55-pound aircraft, operating at 

less than 30 mph during filming operations are those taught in ground school and in flight 

training with the particular UAS and not gained from accumulating flight hours in a fixed 

wing or rotorcraft gas or jet A powered aircraft completing cross country flights and take 

offs and landings at controlled and uncontrolled airports.

As to national security review of pilots, each of Joshua Stephen’s pilots/operators will 

obtain internally provided certified training (Ground and Practical) from Joshua Stephen 

to operate the sUAV. This review and certification could reasonably vet the Operators 

against any known terrorist or no fly listings that are relevant and publically available.

Joshua Stephen additionally asks that the exemption be issued without the requirement 

for a visual observer. As set forth herein, an equivalent level of safety is provided by the 

size, speed and control capabilities of the aircraft, as well as the operational procedures 

that will be applicable to all flight hereunder. These obviate the need for the visual 

observer. 

The Operator will be operating the aircraft, always within line of sight. He or she will 

walk and follow the aircraft around the inspection area so that while it is flying its preprogramed and at times, manual flight path, the UAS will always be directly in his or her

line of sight. The Operator will not be distracted by viewing the pictures taken during the 

flight. Rather, once the sUAV is launched, the Operator’s only duty will be to watch the 

flight of the UAS over the structure and intervene to address flight path deviations or 

other issues that arise during the flight. The functions that an observer performs where 

the aircraft is flown at long distances from the launch area will not be necessary as the 

Operator will always have the aircraft in his or her direct sight. The observer also will not 

be necessary because the Operator will conduct a pre-flight inspection of the area, will 

and if needed, cordon off the area and will perform frequent visual scans of the area 

while the vehicle is operating.

Joshua Stephen again notes that the NPRM does not require the use of a visual observer. 

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

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

allowing battery powered sUAVs for these functions instead of turbine or gas power 

aircraft/rotorcraft and operations with pilots having at least a private pilot license, the 

grant of the requested exemptions is in the public interest

Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the operations 

conducted with conventional aircraft or with humans climbing up and around structures. These 

conditions are drawn from Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 

11112, and 11213 and as recent as 11857.

These limitations and conditions to which Joshua Stephen (referred to as “Operator”) agrees to be 

bound when conducting commercial operations under an FAA issued exemption include: 

1. Operations authorized by this grant of exemption are limited to the aircraft described in 

the Operator’s manual, which is a multi-rotor weighing up to 55 pounds. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

grant.

2. The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph during 

inspections). 

3. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the Operator’s manual. All altitudes 

reported to ATC must be in feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the Aircraft Operator at 

all times. This requires the Aircraft Operator to be able to use human vision unaided by 

any device other than corrective lenses. 

5. The Exemption Holder’s Manuals must be amended to include all conditions and 

limitations required by the FAA. The Manuals must be maintained and made available to 

the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in the exemption and the procedures outlined in the Exemption Holder’s 

Operator’s manual, the conditions and limitations in the exemption take precedence and 

must be followed. Otherwise, the Aircraft Operator must follow the procedures as 

outlined in its Aircraft’s manual. The Exemption Holder may update or revise its 

Manuals. It is the Exemption Holder’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The Exemption 

Holder must also present updated and revised documents if it petitions for an extension or 

amendment of this exemption. If the Exemption Holder determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

Exemption Holder must petition for amendment to its exemption.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

6. Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed, and the UAS is found to be in a condition for safe 

flight. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g., replacement of a flight critical component, must undergo a 

functional test flight in accordance with the Exemption Holder’s Manuals. The Aircraft

Operator who conducts the functional test flight must make an entry in the UAS aircraft 

records of the flight. The requirements and procedures for a functional test flight and 

aircraft record entry must be added to the Exemption Holder’s Operator’s manual.

8. The Exemption Holder must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements, with 

particular attention to flight critical components that may not be addressed in the 

manufacturer’s manuals.

9. The Exemption Holder must carry out its maintenance, inspections, and record keeping 

requirements in accordance with the Operator’s Manuals. Maintenance, inspection, and 

alterations must be noted in the aircraft logbook, including total flight hours, description 

of work accomplished, and the signature of the authorized technician returning the UAS 

to service.

10. The authorized technicians must receive and document training referenced in the 

Exemption Holder’s Manuals.

11. Each UAS operated under this exemption must comply with all manufacturer System and 

Safety Bulletins.

12. The Exemption Holder’s maintenance personnel must make a record entry in the UAS 

logbook or equivalent document of the corrective action taken against discrepancies 

discovered between inspections.

13. Prior to commencing operations, the Aircraft Operator shall have logged at least 25 hours 

of total time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a 

similar UA type and 5 hours in the make and model.

14. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be 

recovered in accordance with the Exemption Holder’s Manuals.

15. The Aircraft Operator must abort the flight in the event of unpredicted obstacles or 

emergencies, including unauthorized people entering the flight area, in accordance with 

the Exemption Holder’s Manuals.

16. The Aircraft Operator is prohibited from beginning a UAS flight unless (considering 

wind and forecast weather conditions) there is enough power to fly to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 10 

minutes.

17. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N-
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

18. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

19. The documents required under 14 CFR 91.9 and 91.203 must be available to the Operator 

at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

20. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultra-light vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

21. The UA may not be operated by the Aircraft Operator from any moving device or 

vehicle.

22. UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

23. All operations must be conducted under visual meteorological conditions (VMC). The 

UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the Operator.

24. During operations the UA may not operate within 5 nautical miles of the geographic 

center of an airport as denoted on a current FAA-published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM, if as required by the Operator’s COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request.

25. The UA may not be operated over congested or densely populated areas unless the 

conditions set for in #26 are satisfied. These populated areas include but are not limited to 

the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical 

Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may 

not reflect pertinent local information. Ultimately, it is the Operator’s responsibility to 

maintain the minimum safe altitudes required by § 91.119 (d) (1)

26. Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident. The Aircraft Operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 30 

feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and/or the Aircraft Operator has made a 

safety assessment of the risk of operating closer to those objects and;

c. Operations near the Aircraft Operator do not present an undue hazard to the 

Operator per § 91.119(a).
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

27. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

Specific Uses Public Benefits 

Joshua Stephen proposes use of its sUAV provided equivalent or augmented levels of safety for 

each of the uses proposed herein: 

The present systems of photography and videography and mapping of inspecting the roofs, 

agriculture land, buildings and large structures site surveys, wild life monitoring, mosquito and 

insect control are now conducted by either a person wading through swamps, climbing on the 

roofs and structures that are steep, tall, slippery, weakened or otherwise hazardous or by the use 

of conventional aircraft. 

The current procedures can result in significant injuries to the people who must climb on the roofs 

or require the use of aircraft that are orders of magnitude greater in size than the sUAV. Either 

method, manual inspection or large conventional aircraft, results in increased risk of injury due to 

personnel falling off roofs or ladders, carrying heavy ladders and dealing with confined and 

dangerous spaces, or increased risk from low altitude flyovers with helicopters or fixed wing 

aircraft inspecting buildings after damage from storms or other disasters, such as earthquakes or 

fires. Such flights are, of course, significantly more expensive than those undertaken with a 

sUAV. 

The present system exposes those not only in the immediate area of inspection, but those who are 

along the path of flight associated with the arrival and departure of the conventional aircraft at the 

inspection site because the aircraft must be flown to and from the site. By contrast, the sUAV is 

carried to the site and transits no other property. Conventional aircraft carry flammable fuels that 

are not carried by the UAS and emit pollutants associated with internal combustion engines. The 

sUAVs proposed herein are battery powered and have no emissions.

Equivalent Level of Safety

14 C.F.R. § 61.113(a) & (b);: Private Pilot Privileges and Limitations; Pilot in Command; 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the Joshua Stephen’ sUAV is remotely 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot’s license to be pilot in command of an aircraft for 

compensation or hire. 

Joshua Stephen respectfully proposes that Operator requirements should take into account the 

characteristics of the particular UAS. Joshua Stephen’ sUAV has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application. The Joshua 

Stephen’ sUAV has navigation and control system comprised of a Ground Control Station (GCS) 

and auto-pilot system that can be pre-programmed to set operational boundaries. All flights are 

pre-programmed with precision GPS guidance. In the case of unplanned events, the Operator may 

input pre-programmed evasive maneuvers from the control unit, and the onboard autopilot 

executes those maneuvers. Pre-programmed Operator interventions include initiation of holding 

at present position; suspension of mission; fly back to launch point; abort mission and land 

immediately; and emergency power cut off and land (Flight Termination System). 

Additional automated safety functions and safety enhancing features of the Joshua Stephen’ 

sUAVs may include the following:

a. Auto-pilot detection of lost GPS or of insufficient satellites initiates an 

immediate landing.

b. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% 

levels. Low power below 10% triggers an immediate landing.

c. If the auto-pilot detects a lost-link to the ground controller, the UAS will hold 

position at its current location for 5 seconds and if the signal is not restored, 

execute a return to home and land.

d. Redundant “kill switches” that enable completely shutting the aircraft down in 

flight in the event of a loss of control or un-commanded deviation from the flight 

path. 

e. The aircraft, weighs less than 55 lbs., fully loaded.

f. . The motors are driven by pulse width modulated signals, not analog signals.

g. The aircraft will operate for the Purposes at no more than 30 mph (while 

imaging) nor above 200 feet above the structure (imaging altitude) or a maximum 

of 400 AGL.

Given these safety features, Joshua Stephen proposes that Operators of the Joshua Stephen’ 

sUAV should not be required to hold a commercial or private pilot certification. 

Instead, Operators should be required to: have successfully completed, at a minimum, FAA 

private pilot ground instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents; have completed the manufacturer’s or Joshua Stephen’ training program 

for operation of the UAS.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Joshua Stephen notes that the FAA has found that safety factors permitted operation of UASs by 

Operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above were present. See, Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, 

at 20-21 (July 30, 2013). Likewise, Joshua Stephen notes that the NPRM does not require that the 

Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the Joshua Stephen’ sUAV without a private pilot’s certificate or a commercial 

pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the Joshua Stephen’ sUAV (given its size, speed, 

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth 

above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) 

and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 

61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the UAS without 

an airworthiness certificate, no standard will exist for airworthiness of the UA. Given the size of 

the aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as 

contained in the manual, an equivalent level of safety will be achieved by insuring compliance 

with the manuals prior to each flight. The FAA has granted exemptions to conduct similar 

operations in Exemptions 11062 through 11067, 11080 and 11110.

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 sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, an exemption may be needed to allow such operations. 

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, facility owner, and/or local officials. Because of the advance notice to the 

property owner and participants, all affected individuals will be aware of the planned flight 

operations as set forth in the Manuals. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55 lbs. and the lack of flammable fuel, any risk associated 
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

with these operations is far less than those presently presented by conventional aircraft operating 

at or below 500 AGL in the aerial photography industry. In addition, the low-altitude operations 

of the sUAS will ensure separation between these small-UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

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 Joshua Stephen’ sUAV, in manual or 

emergency mode, will not have a barometric altimeter display, but instead a GPS altitude display, 

an exemption will be needed. The Operator, pursuant to the procedures set forth in the Manuals as 

indicated before flight, will achieve an equivalent level of safety. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.

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 sUAS provides approximately 40 minutes of powered flight. To meet 

the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS’ proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for flight 

is reasonable. 

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small 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.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of remaining battery power whichever happens first. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(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 Petitioner. Maintenance will be accomplished by the Operator or 

manufacturer pursuant to the flight manual and operating handbook as referenced in the Manuals 

attached as confidential Exhibits an equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in defined 

areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and 

will be operating

Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55 lbs. or less) for the following purposes: to conduct bridge inspections, flare stack 

inspection, utility-power generation system inspections and patrolling, aerial inspection and 

photography of residential and commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers, pipeline inspection and patrolling, 

filmmaking, cinematography, and videography, precision agriculture with on board sensors, 

wildlife and forestry monitoring and mosquito and insect control, aerial surveying, construction 

site inspection and monitoring, public entity support operations, aerial video and live video feed 

to assist with search and rescue operations under the authority and support of local authority 

officials, aerial video and photography for public and private use including television, public 

events, and cinematography live feed and live newsgathering, training to persons individually or 

belonging to both private and public organizations to increase awareness and improve safety for 

current and future UAS operations within the NAS, special events: including high schools, 

colleges, professional sports, open air events and fairs, research, risk management and 

assessment, motion picture production, surface mining, closed set filming, disaster and 

catastrophe events.

Privacy and National Security
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

All flights will occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Inspection will be of inanimate objects in areas where the owners will 

have consented to the inspections or otherwise have agreed to allow the UAS and the Operator to 

be in the area where operations will take place. The size of the UAS, its speed and restricted area 

of operation do not raise national security issues.

Summary

Approval of exemptions allowing commercial operations of sUAVs for petitioner to operate an 

unmanned aircraft system (UAS) to conduct bridge Inspections, flare stack inspection, utilitypower generation system inspections and patrolling, aerial inspection and photography of 

residential and commercial utility infrastructure including but not limited to electrical power 

lines, wind turbines and cell towers, pipeline inspection and patrolling, filmmaking, 

cinematography, and videography, precision agriculture with on board sensors, wildlife and 

forestry monitoring and mosquito and insect control, aerial surveying, construction site inspection 

and monitoring, public entity support operations, aerial video and live video feed to assist with 

search and rescue operations under the authority and support of local authority officials, aerial 

video and photography for public and private use including television, public events, and 

cinematography live feed and live newsgathering, training to persons individually or belonging to 

both private and public organizations to increase awareness and improve safety for current and 

future UAS operations within the NAS, special events: including high schools. colleges, 

professional sports, open air events and fairs, research, risk management and assessment, motion 

picture production, surface mining, closed set filming, disaster and catastrophe events, will 

enhance safety by reducing risk. 

Conventional operations, using jet or piston powered aircraft, ladders or placing people in 

swamps, on roofs or tall, hazardous or weakened structures, exposes them to higher risks than 

those created by use of a sUAVs. Conventional aircraft that operate at extremely low altitudes 

just feet from the subject being inspected and in extreme proximity to people and structures 

present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from 

the project location. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on 

board. The sUAV is carried to the target area and not flown. The sUAV will carry no passengers 

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted under the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in 

areas that are under the control of the customer for the operations and, as a result, are far safer 

than conventional operations conducted with turbine helicopters operating in close proximity to 

the ground and people or the use of individuals to climb the structures to conduct the operations.
Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

joshstephen@gmail.com

518-470-0431

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 –size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of Petitioner’s UAS for the Purposes 

outlined herein and are consistent with exemptions already granted, including Exemptions 

number 11171 through 11174, 11176, 11177, 11062, 11109, 11112, and 11213 and as recent as 

11857.

Sincerely,

Joshua Stephen

2 Dutchess Ct.

Saratoga Springs, NY 12866

Joshua Stephen 

Appendix A-G

Submitted on December 29, 2015 

Joshua Stephen 

2 Dutchess Ct.

Saratoga Springs, NY 12866