12/13/15 

Flying Cowboy Photography

Timothy David Butler

1745 Hillside Drive

Robinson, Texas 76706

flyingcowboyphoto@yahoo.com

FAA

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam: 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 C.F.R. Part 11, Timothy Butler, the applicant and operator of small unmanned aircraft 

systems (sUAS) equipped for aerial photography, videography, survey, inspection, and 

monitoring, hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow commercial operation of his sUAS, so long as such 

operations are conducted under the conditions outlined herein or as may be established 

by the FAA as required by Section 333.1. 

The exemptions, as requested by Timothy David Butler, would permit the provision of 

commercial services to customers that are in need of aerial data capture from a sUAS. 

Mr. Butler requests these exemptions in order to perform commercial flights in the 

following areas: 

• General Photography/Videography 

• Surveying 

• Inspection 

• Area Monitoring 

• Communications Support 

All flights will be conducted over private or controlled access property with the consent 

and knowledge or the property owner or controlling party. All flights will maintain a safe 

buffer from all nonparticipating persons, vessels, vehicles, and structures unless 

sufficient barriers are in place to protect said nonparticipating persons and property from 

undue harm. Flight operations will only be conducted near vehicles, vessels, and 

structures where the property owner/controller has granted permission and a safety 

assessment has been made. 

All of Timothy David Butler’s flights will be conducted with himself as pilot in command 

(PIC). Mr. Butler is certificated as a private pilot for “airplane single engine land”, 
certificate number 360468714, issuance date 21 AUG 1991. He also has extensive 

flying experience flying ultralight aircraft. Mr. Butler also served and retired honorably 

with 20 years of Air Force experience working on and flying in aircraft (he has over 1000 

hours flying as aircrew in a C-135C aircraft) and is extremely familiar with all proper 

aerospace procedures. Visual observers (VO) will be trained to perform all required 

duties before flight operations begin. 

1. The Unmanned Aircraft System 

Due to the low cost of operation, increased safety to surrounding persons and property, 

reduced noise and environmental impact, and the versatility of the sUAS platform, the 

applicant believes that a sUAS can be a great solution to consumers who would 

otherwise hire a full sized manned aircraft such as a helicopter to fulfill their aerial 

photography, videography, surveying, inspection, aerial monitoring, and 

communications support needs. 

The applicant is seeking this exemption in order to operate a DJI Phantom 3 

Professional quadcopter in stock form as delivered from the factory. Safety failsafe 

features equipped to ensure safe operation include: 

• Preprogrammed no-fly zones around major aerodromes 

• GPS hovering capability 

• Visual and ultrasonic sensors to augment hover capability with GPS and 

supplant GPS when satellite signals are unavailable 

• Auto-return to location of takeoff and autoland in the event of an inflight 

emergency 

• Auto-return to location of takeoff and autoland in the event of loss of control 

signal or low battery 

• Automatic flight logs of flight route, time, distance, and other metrics 

The aforementioned safety features have undergone rigorous testing procedures by 

DJI. The applicant will fully test these features prior to any commercial activities. Logs 

of these training flights will be available upon request. 

The DJI Phantom 3 Professional weighs 1280g (2.82lbs). Diagonal footprint including 

propeller arc is 590mm. Max ascent and descent rates are 5 and 3 meters per second 

respectively. Hover accuracy is a maximum of +/- 0.5 meters vertically and +/- 1.5 

meters horizontally. Max speed is 16 meters per second (31.1 knots). The sUAS 

utilizes U.S. GPS and Russian GLONASS positioning satellites. 

Should any part of the sUAS be damaged or timed out, the operator will replace the 

parts with manufacturer certified replacements and thoroughly test the aircraft prior to 

resuming commercial operations. 
Any further questions regarding the specifications of the DJI Phantom 3 Professional, 

including FCC compliance, should be directed to the user manual attached to this 

petition. 

2. Flight Operations 

The operator and PIC will guarantee that operations adhere to strict standards as set 

below: 

• Prior to conducting commercial operations, the operator will fully acquaint himself 

with the operational and emergency procedures of the DJI Phantom 3 

Professional and demonstrate competency. 

• The UA will be operated at airspeeds below 84 knots calibrated airspeed. 

• The UA will be operated below 400ft above ground level (AGL) at all times. 

• The UA will be operated within visual line of sight (VLOS) at all time. 

• All operations will utilize a visual observer (VO). The UA will be operated within 

visual line of sight (VLOS) of the PIC and VO at all times. 

• The VO will not perform any other duties beyond assisting the PIC with seeing 

and avoiding air traffic and other obstacles. 

• Proper preflight inspections will take place before each flight. 

• The UA will not operate within 5 nautical miles of an airport reference point 

unless a letter of agreement with that airport’s management is obtained. 

• Operations will be conducted in accordance with all notices to airmen (NOTAMs). 

• 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 

PIC. 

• The PIC must maintain a battery reserve that allows the UA to return to point of 

landing at normal cruise speed and land with 30% battery power. 

• The UA must remain clear of and yield to all other air traffic. 

• Flight operations will remain 500 feet from all nonparticipating persons, vehicles, 

and structures unless: o Barriers or structures are present that sufficiently protect 

nonparticipating persons from debris in the event of an accident. o All 

participating persons are made aware of the dangers of flying a UA and he safety 

precautions and features that are in place. o The aircraft is only operated near 

said vessels, vehicles, or structures following property owner/controller consent, 

and the PIC has completed a safety assessment with regard to the obstacles. o

Operations near the PIC or VO do not present an undue hazard to the PIC or VO 

per 91.119(a) 

• All operations are to be conducted over private or controlled-access property with 

prior permission from the property owner/controller or authorized representative. 

Timothy Butler is confident that his knowledge as a privately rated pilot along with the 

strict safety standards he has set for himself, the safety standards imposed by the FAA, 

and the physical properties (size, weight, speed, etc) of the sUAS will allow for the 

safest and most efficient operations possible. 
Mr. Butler hereby requests exemption under Section 333 in order to pursue commercial 

sUAV operations with the intent to provide customers with the safest and most cost 

effective services available. 

Sincerely, 

Timothy Butler

254.315.6877 (cell) 

flyingcowboyphoto@yahoo.com

The specific section or sections of 14 CFR from which you seek an exemption:

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1). 

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).: Aircraft Marking and Identification 

Requirements 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

14 C.F.R. § 91.103: Preflight Action. 
14 C.F.R. § 91.109(a): Flight Instruction. 

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. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration. 

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

Inspections. 

The extent of relief you seek and the reason you seek the relief:

14 C.F.R. Part 21, Subpart H, Airworthiness Certificates & 14 C.F.R. §91.203(a)(1). 

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes 

the procedural requirements for the issuance of airworthiness certificates as required by 

14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the 

sUAS to be utilized by the Petitioner, 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 sUAS 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 rotorcraft operating with 

an airworthiness certificate, without the restrictions and conditions of the proposed 

sUAS operations. 

Equivalent Level of Safety 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, and carries no explosive materials or flammable liquid fuels. Unlike 

other civil aircraft, the proposed operations in this petition for exemption will be 

controlled and monitored by the operator, in accordance with FAA requirements. 

These safety enhancements, which already apply to civil aircraft operated in connection 

with existing inspection operations, 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 sUAS, 

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. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require 

certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 

27's airworthiness standards for the same reasons identified in the exemption request 

from 14 C.F.R. Part 21,Subpart H. 

14 C.F.R. §§ 91.9(c), 45.23(b), and 45.27(a). Aircraft Marking and Identification 

Requirements 

This petition seeks an exemption from the aircraft marking and identification 

requirements of 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a). 

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, 

provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with part 45 of this chapter. 

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 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. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on 

that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the 

marks required by §45.23. 

Exemption from § 45.23(b) is warranted because the sUAS has no entrance to the 

cabin, cockpit, or pilot station on which the word "Experimental" can be placed. 

Moreover, given the size of the sUAS, two-inch lettering would be impossible. The word 

"Experimental" will be placed on the fuselage in compliance with § 45.29(f). Given the 

nature of the specific relief sought by this exemption request, Petitioner requires relief 

from the associated marking and identification requirements of § 45.27(a) and § 91.9(c), 

which would require compliance with § 45.23(b). 

Equivalent Level of Safety 
An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAS 

marked on its fuselage as required by §45.29(f) where the pilot, observer, and others 

working with the sUAS will see the identification of the UAS as "Experimental." 

Additionally, Petitioner will ensure compliance with any requests of sUAS marking by 

the FAA. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

This petition seeks an exemption from the flight manual requirements of 14 C.F.R. 

§ 91.9(b)(2), which states: 

(b) 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. 

 

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a 

manual on the aircraft, not only because there is no pilot on board, but because there is 

simply no room or capacity to carry such an item on the aircraft. 

 

Equivalent Level of Safety 

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the sUAS flight manual at the ground control point where the pilot flying the 

sUAS will have access to it. Accordingly, Petitioner requests an exemption from § 

91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be 

available at the control point during each operation. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in an airworthy condition to be operated. Inasmuch there will be no 

airworthiness certificate issued for the sUAS, and should this exemption be granted, no 

FAA regulatory standard would exist for determining airworthiness. 

Equivalent Level of Safety 

The pilot in command of the sUAS has over 200 flight hours and a stellar safety record. 

Given the size of the sUAS and the minimal requirements for maintenance, the PIC will 

be able to adequately assess airworthiness for each individual flight. 

14 C.F.R. § 91.103: Preflight Action. 
This petition seeks an exemption from § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in 

the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved 

flight manual will not be provided for the sUAS, an exemption will be needed. 

14 C.F.R. § 91.109(a): Flight Instruction. 

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sUASand 

remotely piloted aircraft, by their design do not have fully functional dual controls. 

Instead, flight control is accomplished through the use of a control box that 

communicates with the sUAS via radio communications. 

Equivalent Level of Safety 

Given the size and speed of the sUAS, an equivalent level of safe training can still be 

performed without dual controls because no pilot or passengers are aboard the sUAS, 

and all persons will be a safe distance away should the sUAS experience any difficulties 

during flight instruction. 

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

This petition seeks an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any 

person, vessel, vehicle, or structure in non-congested areas. C.F.R. § 91.119(c). 

Section § 91.119(d)(1) allows for a helicopter to operate at less than those altitudes 

when it can be operated "without hazard to persons or property on the surface," 

provided that "each person operating the helicopter complies with any routes or 

altitudes specifically prescribed for helicopters by the FAA. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighting far more than the maximum 55 

lbs. proposed herein, and the lack of flammable fuel, any risk associated with these 

operations is far less than those presently presented with conventional aircraft. An 

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 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. Furthermore, by operating at such lower altitudes, the sUAS will not 

interfere with other aircraft that are subject to the minimum safe altitude regulations. 
14 C.F.R. § 91.121 Altimeter Settings. 

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An 

exemption is required because the sUAS does not have a barometric altimeter, but 

rather a GPS altitude read out. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following the procedures set forth in the 

Manual. As prescribed in the Manual, the operator will confirm the altitude of the launch 

site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the 

GPS altitude indicator to constantly monitor the sUAS height, thus ensuring operation at 

safe altitudes. 

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

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an 

airplane under VFR conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed 

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 

The battery powering the sUAS provides approximately 20 minutes of powered flight. An 

exemption from the 30-minute reserve requirement in 14 CFR §91.151 is therefore 

required. 

Equivalent Level of Safety 

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of 

battery power, whichever happens first. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere within its limited operating 

area. Operation of the sUAS 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. Moreover, operation will be limited to controlled areas 

where only people and property owners, or official representatives who have signed 

waivers will be allowed. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration. 
This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203 (a) and (b). 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. 

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

certificate requirements, an exemption to this regulation is necessary because: (1) the 

sUAS's load capacity and size does not allow it to carry certification and registration 

documents; (2) the sUAS does not have a cabin or cockpit entrance at which the 

documents could be displayed; and (3) there are no passengers or crew for whom the 

certificates need be displayed. 

Equivalent Level of Safety 

sUAS are not subject to conventional airworthiness requirements, and as such, have no 

certificate to display. Furthermore, due to the small size of the sUAS and the lack of 

occupants, there is no place to display a certificate if one were available. 

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

Inspections. 

This petition seeks an exemption from the maintenance inspection requirements of 14 

C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, 

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "shall have 

that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections . . . have discrepancies repaired as prescribed in part 43 of this chapter"). 

An exemption to these regulations is needed because Part 43 and these sections apply 

only to aircraft with an airworthiness certificate, which the sUAS will not have. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the manufacturers owners’ manual. As provided in the 

manual, 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. 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. If mechanical 
issues arise, the UAS can land immediately and will be operating from no higher than 

400 feet AGL. Moreover, the sUAS's small size, carrying capacity, and the fact that flight 

operations will only take place in restricted areas for limited periods of time, create less 

risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft

performing the same operation. 

How your request would benefit the public as a whole: 

The operation significantly improves safety and reduces risk by alleviating human 

exposure to danger associated with current aerial survey and inspection methods,

namely, full size helicopters. Manned helicopters performing aerial photography have 

experienced an exceedingly high number of accidents and fatalities. The public's 

interest is furthered by reducing human exposure to death or serious injury associated 

with manned aircraft performing photography, inspections, and patrols. 

The petitioner's sUAS are battery powered and create no emissions. If Petitioner's 

sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's 

lightweight sUAS is, obviously, far less than a full size helicopter. The public's interest is 

furthered by minimizing ecological impact of an accident and by reducing human 

exposure to potentially harmful emissions associated with manned aircraft. 

Aerial surveys are valuable tools for roof, utility-power generation, cell phone towers, 

bridge and tunnel inspections and other elements that comprise the national 

transportation and communication infrastructure. However, problems with safety, cost, 

statistical integrity, and logistics continue to impede aerial surveys and inspections from 

conventional manned aircraft. The use of sUAS addresses these problems and is a 

powerful tool for performing a wide-range of utility-power generation inspection and 

patrol applications. The public as a whole will benefit from the safer and more 

costeffective utility aerial services that sUAS operations provide.