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 91.103; 14 CFR 91.119(c) ; 14 CFR 91.121; 14 CFR 91.15(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)

To whom it may concern: 

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 ( the “Reform Act” ) and 145 

CFR part 11, Gerald W. Vaughn, operator of an Unmanned Aircraft System ( UAS ), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of it’s 

UAS, 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 a UAS, described herein, which are equipped with cameras and sensors, would 

operate in the following manner:

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

events, cinematography and news gathering.

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

architecture, land surveying, engineering and other related professional activities

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

owners or local government authority.

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

operations in cases of emergency or natural disaster only when the government has requested 

it by contract or donation.

5. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers.

6. The ability to offer training to persons individually or belonging to both private an/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 as well as for 

the protection of the persons or property.

Gerald Vaughn

3914 N. Murray Rd

Otis Orchards, WA 99027
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As described fully below, the requested exemption would permit the operation of an UAS under 

controlled conditions in the NAS that would be a)limited b) controlled)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’s Administrators’) 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: Gerald Vaughn 3914 N. Murray Rd Otis Orchards, WA 99027

Regulations from which the exemption is requested:

14 CFR part 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113 (a) and (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 ©

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) (2)

14 CFR 91.417 (a) and (b)

Gerald Vaughn will operate the Phantom 3 advanced with a total weight of 1280g or 2lbs 13 oz. 

Dimensions are 40.36cm x 40.36cm x 19.05cm or 16” x 16” x 7.5”.Under still air the maximum speed is no 

more than 16m/s or 35 mph with a cruising speed of 11m/s or 25 mph. The DJI Phantom 3 advanced has 

the ability to hover and move along a horizontal and vertical plane simultaneously. The dji Phantom 3 

advanced has 4 motors, motor model dji 3510, powered by a 4480mAh 4s LiPo lithium polymer battery 

There are 4 propellers, propeller model dji model 1345, in use. The dji Phantom 3 advanced will be 

controlled with the c3 remote controller with an operating frequency of 2400GHz – 2483GHz.The live 

video feed will have an operating frequency of 2.4 GHz ISM with maximum range of 1.2 miles. Gerald 

Vaughn will operate the UAS in line of sight within a closed off and predetermined area owned 

and/operated by the property representative.
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DJI Phantom 3 Advanced

General Features

 Ready to fly

 3-axis camera stabilization

 Precision flight and stable hovering

 GPS/GLONASS positioning and return to home

 Onscreen real-time flight parameters

 High definition 1080p camera

 Camera tilt control

 Film straight down

 Supports adobe DNG RAW

 Adobe lens profile support

 Camera parameter settings

 Album synchronization

 FAA no-fly zones locked out via installed software

Transmitter

 Operating frequency2400 GHz – 2483 GHz

 Communication distance (open area) : CE 2000m; FCC: 2000m

 Receiver sensitivity ( 1% per ) :-101dBm +/-2dBm

 Transmitter power: CE 16dBm; FCC 20dBm

 Working voltage 1.2A @ 7.4V

 Battery 6000 aMh LiPo 2s

Camera

 Operating environment temperature : 0 degrees C- 40 degrees C

 Max resolution 1920 X 1080p 

 HD recording : 1080p

DJI Vision App

 System requirement: of mobile device android system version 4.0 or above, IOS version 6.0 or 

above.
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Given the small size of the UAS and the controlled environment provided the proposed operations will adhere 

to the Reform acts requirements. The approval of the 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 minimal 

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 5 lbs ( DJI Phantom advanced weighs 1280 g or 2lbs 13 oz.

 The UAS will have a maximum operating speed of no more than 35mph.

 Flights will be operated within line of sight of the pilot in command (PIC) and/or visual observer.

 Maximum flight time for each flight will be 20 minutes. Flights will be terminated at 25% battery power 

reserve or 20 min. flight time whichever occurs first.

 Flights will be operated at an altitude of no more than 400 ft. above ground level (AGL) and not more 

than 200 feet above an elevated platform from which filming is planned.

 Minimum crew for each operation will consist of the UAS pilot, the visual observer, and may include 

but not limited to a camera operator.

 The UAS pilot will be a designated pilot in command (PIC) and will take and pass all necessary 

certification currently being approved by the FAA administration for commercial use.

 A briefing will be performed regarding the planned UAS operation prior to each day’s flight consisting 

of all the days’ production activities.

 All flights will occur under visual flight rules metrological conditions 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. The DJI Phantom 3 advanced has built in software 

for all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (February 2015) for all DJI drones to 

download and prevent any possible flights occurring within ‘no fly zones’.

 If operations will be within a 5 mile radius of the geographic center/airport reference point 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.
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 The operator will file FAA form 7771-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate local flight standards district office no more than 72 hours but no less 

than 48 hours from planned operation.

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

ensure that only consenting persons will be 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 by the FOM. 

With the advanced permission of the FSDO, closer operations 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 territories, 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 ability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness certificates 14 C>F>R> 91.203 (a) (1)

Subpart H, entitled airworthiness certificates, established 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 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 55lbs. (3lbs 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. The FAA will have advance notice of all operations. These safety enhancements provide a greater 

level of safety to the public and property owners than conventional operations conducted with airworthiness 

certificates issues under 14 CFR 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
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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 experimentally certified aircraft, the operator must also display on 

the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2” nor more than 6” 

high, the words, “limited”, “restricted”, “light-sport”, “experimental” or “provisional” as applicable.

Even though the UAS will have no airworthiness certificate, an exemption will 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, 2” 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 fuselages 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 CFR61.113 (a) and (b), no person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. An equivalent level of 

safety can be achieved by current regulations because the applicant’s UAS do not carry any pilots, passengers 

nor property. The risks attending to the operation of UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. 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 airworthiness condition. As 

there will be no airworthiness certificate issues 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 use 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) (a) 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 
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carry such a flight manual 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 aircraft 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 ensure 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 manufacturer FOM in the pre-flight inspection section, 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. 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 the 

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 minimum 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 feet AGL, or not more 200 

feet above an elevated platform from which the filming is planned, an exemption may be needed to allow 

such operations. As set forth herein, the UAS will never operate higher than 400 feet AGL with the exception 

that in circumstances where the UAS is used to photograph or survey a structure whose height exceeds 400 

feet AGL, the UAs will not be operated more than 200 feet above the highest point of 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, 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 be aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than 55lbs proposed herein and the lack of flammable fuel, any risk associated 

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

below 500 AGL. In addition, the low altitude operations of the UAs will ensure separation between these 

UAS operations and the operations of conventional aircraft that must comply with section 91.119.
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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 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 

for at least 45 minutes.”

The battery powering the UAS provides approximately 255 minutes of power in flight. To meet the 30 minute 

reserve requirement in 14 CFR 151, UAS flights would be limited to approximately 10 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 in flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR 91.151(a) falls within the scope of prior exemptions. 

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that 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 achieves by limiting flights to 20 minutes or 

25% of battery power-whichever occurs first. This restriction would be more than adequate to return the UAs to 

its planned landing site 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.
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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 ground 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) and (b): Maintenance Inspections.

These regulations require that and operator or owner “shall have that aircraft inspected as prescribed 

in subpart E of this part and shall be required inspections, except as provided in paragraph © 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 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 the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of 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.

Further information

The applicant, Gerald Vaughn, has been a quad copter hobbyist for several years and is pursuing the 

commercial aspects of aerial video and photography that benefits the community. Safety and legality 

are areas of focus with the endeavors and the knowledge and criteria in section 333 of the reform act of 

2012 are understood and acknowledged. Therefore, the applicant, Gerald Vaughn, respectfully 

requests the grant of the FAA 333 exemptions regarding commercial operation of the UAS.

Best regards,

Gerald Vaughn

Otis Orchards, WA
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