U.S. Department of Transportation  

Docket Management System

1200 New Jersey Avenue SE  

Washington, D.C. 20590

Re: Exemption Request; Section 333 of the FAA Modernization & Reform Act and Part 11 of

the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113

(a) & (b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a)

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

Dear Sir or Madam:

Petitioner hereby petitions the Secretary of Transportation and Federal Aviation Administration  

("FAA") for exemption to the above referenced and below more fully described Federal Aviation

Regulations, ("FARs") that currently may or may not apply to the recreational/business operations of

model aircraft including small unmanned aerial vehicles/systems  ("SUAVs").

1.  Prefatory Statement to Petition

In June, 1981, the FAA published an advisory circular, AC 91‐57, (an advisory publication giving

non‐regulatory information/guidance. Advisory circulars do not create or change regulations and are not

binding on the public.)  AC 91‐57 was entitled "Model Aircraft Operating Standards" and gave non‐

regulatory suggestions to model aircraft operators on suggested procedures for operating their models.  

This was the sole publication by the FAA which addressed model aircraft and SUAVs for the next nearly

25 years.

In September 2005, the FAA appeared to turn its attention toward unprecedented attempts at

regulating model aircraft specifically the more modern SUAVs. The FAA, for the first time in history now

termed these devises as Unmanned Aerial Systems ("UAS") seemingly to align with their attempts at

enforcement.  The FAA published "AFS‐400 UAS POLICY 05‐01 ‐ Unmanned Aircraft Systems Operations

in the U. S. National Airspace System ‐ Interim Operational Approval Guidance."  This interim internal

FAA memo expressly confirms that "[t]his policy is not meant as a substitute for any regulatory process."  

Still, it purported to "require" a Certificate of Authorization ("COA") or Waiver to use SUAVs.  The new

FAA policy relied on legal/regulatory "authority" on the non‐regulatory, AC 91‐57.

In February, 2007 the FAA, published a 2007 "policy statement" in the Federal Register. The

2007 Policy Statement starts by defining "unmanned aircraft" as "a device that is used or intended to be

used, for flight in the air with no onboard pilot" and it purported to include "a remotely controlled

model airplane used for recreational purposes."  The FAA termed these devices UAS and then purported

to articulate the new FAA "policy" for "UAS" operations was that "no person may operate a "UAS" in the

National Airspace System without specific authority." For the first time ever, the 2007 Notice purported
to articulate two new alleged "rules": (1) Model aircraft can no longer be operated for a "business"

purpose; and (2) a Model aircraft operated for a business purpose requires a COA, or special Certificate

of Operating Authority and therefore is subject to the FARs.

Thereafter, beginning in 2007, and continuing to present, apparently based on these two new

FAA internal "policies" and without citing to any actual federal law, or FARs, the FAA then sent various

cease and desist notices to model aircraft SUAV operators describing the COA process and threatening

to impose a $10,000 fine if they did not comply with the new FAA policies which the FAA indicated

created a "ban" on using SUAVs for any "business purpose."

In 2012, following the FAA's attempts to regulate using internal policy memos, Congress enacted

the Federal Aviation Administration Reform and Modernization Act, ["FRMA"].  The FRMA allows the

Secretary of Transportation to "exempt" SUAVs from existing Federal Law, FARs to the extent any

federal law or FAR actually currently applies to SUAVs.

Petitioner at all times has and operates his SUAVs following the safety guidelines of AC 91‐57.

2.  Petition for Exemption

With the above preface, pursuant to Section 333 of the FAA Modernization and Reform Act of

2012 ("FMRA") and 14 C.F.R. Part 11, Rees Aerials, LLC, hereafter referred to as Rees Aerials,  developer

and operator of  Small Unmanned Aerial Vehicles ("SUAVs") equipped to conduct aerial

photography/Inspection included but not limited to the following;   Business Operations: over land,

water‐ways, and oceans; operation over/in non‐restricted National Parks, National Forests, flight in non‐

navigable airspace, using non‐intrusive recording devices, operation in otherwise unrestricted U.S.

States/Territories  hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")

to allow commercial operation of its SUAVs, 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.

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

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

access. The exemption would also provide safety enhancements to the already safe operations within

the aerial photography, film and television industry presently using conventional aircraft and small,

unmanned and relatively inexpensive SUAVs.

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 FMRA.

3. Name and Address of the Petitioner

Rees Aerials, LLC  
Attn: Robert Rees

Ph: 509‐701‐0086

Email:  robert@reesaerials.com

Address: 10404 E Pierce Ln, Spokane, WA  99206

  

4. Regulations Petitioner Petitions for Exemption, If Such Regulations Apply to SUAVs

14 CFR Part 21

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 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 FMRA.  In making this determination,

the Secretary is required to determine which types of SUAVs/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:

A. The SUAVs size, weight, speed, and operational capability;

B. Operation of the SUAVs in close proximity to airports and populated areas;

C. Operation of the SUAVs within visual line of sight of the operator. FMRA §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). The Petitioner interprets this provision to place

the duty on the Secretary/FAA

Administrator to not only process applications for exemptions under section 333, but for the

Secretary/Administrator  to affirmatively craft conditions for the safe operation of the SUAVs, if it should

be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

The Federal Aviation Act expressly grants the Secretary/FAA Administrator 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, which currently may or hereafter may include SUAVs, from the

requirement that all civil aircraft must have a current airworthiness certificate.

The Secretary/FAA Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702‐44716 of this title if the
Secretary/FAA Administrator finds the exemption 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).

Rees Aerials’ SUAVs are multi‐rotorcraft equipped with an on board NAZA computer

stabilization controller and GPS, weighting 55 lbs or less and most typically less than 20 lbs., including

camera/payload. Mr. Robert Rees, the Chief Pilot of Rees Aerials, holds a current Commercial Pilots

License with Rotorcraft and Instrument ratings.  The SUAVS operate, under normal conditions, at speeds

of 5‐40 KIAS and at a speed of no more than 50 KIAS and have the capability to hover and move in the

vertical and horizontal plane independently/simultaneously.   They will operate in line of sight and will

operate only within the areas described herein.  Such operations will insure that the SUAVs will "not

create a hazard to users of the NAS or the "public" as described in the FMRA §333(b).

Given the small size of the SUAVs involved, and the limited 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 SUAVS to

commence immediately.  Also, due to the size of the SUAVs and the restricted areas in which the

relevant SUAVs will operate, approval of the application presents no national security issue.

Given the clear direction in FMRA §333, 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 allowing SUAVs for filming operations rather than full‐sized aircraft, the grant

of the requested exemptions is in the public interest. Accordingly, the Petitioner respectfully requests

that the FAA grant the requested exemption without delay.

5.  Limitations and Conditions

The Petitioner proposes that the exemption requested herein be issued pursuant the limitations

and conditions listed herein. These conditions/limitations provide for an even higher level of safety to

operations under the current regulatory structure which apply to actual certificated aircraft because the

proposed operations represent a safety enhancement to the already very safe SUAVs filming operations

conducted by recreational SUAVs and conventional aircraft.  

These limitations and conditions to which Rees Aerials agrees to be bound when conducting

business/commercial operations under this FAA issued exemption include:

A. The SUAVs maximum take‐off weight ("MTOW") will be less than 55 lbs., usually less than 25

lbs.

B. Flights will be operated within the line of sight of the Operator and/or observer. Maximum

total flight time for each operational flight will be 60 minutes or less. Flights will be
terminated and not less than 10% battery power reserve, which should that occur prior to

the 60 minute limit.

C. Flights will be conducted with no less than one Pilot in Command (PIC) overseeing flight

operations that is in possession of a current FAA Private Pilot or Commercial Pilot

Certificate.   

D. Flights will be operated at an altitude of no more than 500 feet above ground level ("AGL")

underneath navigable airspace.   Minimum crew for each business operation will consist of

the SUAVs' Operator, the Visual Observer/Camera Operator, if required for the operation.  

Flights will not be operated in Class A, B, C, or D airspace but may be operated in class E and

G airspace, provided the SUAVs Operator/Observer maintains visual line of sight with the

SUAVs and safe separation from actual certificated aircraft in the airspace.

E. Briefing will be conducted in regard to the planned SUAVs operations prior to each day's

production activities.   It will be mandatory that all personnel who will be either Operator or

visual observer/camera operator be present for this briefing.  The Operator will review

weather, flight battery requirements, landing and takeoff distances and aircraft

performance data before initiation of flight.  The SUAVs and batteries to be used will be

safety inspected prior to flight using appropriate checklists.

F. The Operator will attempt to obtain the consent of all persons involved in the filming and

ensure that only consenting persons will be allowed within 25 feet of the flight operation.

G. Operator and observer/camera operator will have been trained in operation of SUAVs

generally and received up‐to‐date information on the particular SUAVs to be operated.

H. Operator and Observer/Camera Operator shall at all times during flight operation, be in

direct voice/radio communication.

I. Written and/or oral permission from the relevant property holders may be obtained.  All

required permissions and permits may be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental

agencies. If the SUAVs loses communications  or loses its GPS signal, the UAS will have

capability to return to home/pre‐determined  location within the Security Perimeter and

land.

J. The SUAVs will have the capability to abort a flight, in case of unpredicted obstacles or

emergencies.   The Operator shall carry/use appropriate LIPO battery protective bags and

fire extinguishing equipment.
6.  Description of Regulations Which May Apply From Which Petitioner Requests Exception 14 C.F.R.

Part 21, Subpart H:  Airworthiness Certificates 14 C.F.R.

§91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1).  Given the size and limited

operating area associated with the SUAVs 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

FMRA.  The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the FMRA 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 SUAVs.  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 SUAVs to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned

and carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and

operates exclusively within a limited flight area. Unlike other civil aircraft, operations under this

exemption will be tightly controlled and monitored by the Operator and will also remain within the

requirements of, and in compliance with, local public safety requirements.  These safety enhancements,

which already apply to civil aircraft provide a greater degree of safety to the public and property owners

than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21,

Subpart H.  Lastly, application of these same criteria demonstrates that there is no credible threat to

national security posed by the UAS due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires; When marks include only the Roman capital letter "N" and the

registration number is displayed on limited, restricted or light‐sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the

words "limited," "restricted," "light‐sport," "experimental," or "provisional," as applicable.

Even though the SUAVs will have no airworthiness certificate, an exemption may be needed as

the SUAVs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental"

can be placed.  Given the size of the SUAVs, two‐inch lettering will be impossible.  The word

"Experimental" will be placed on the fuselage in compliance with §45.29 (f).  The equivalent level of

safety will be provided by having the SUAVs marked on its fuselage as required by §45.29 (f) where the

pilot, observer and others working with the SUAVs will see the identification of the SUAVs as
"Experimental."  The FAA has issued the following exemptions to this regulation to Exemptions Nos.

10700,  8738, 10167 and 10167A.

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

Sections 61.113 (a) & (b) limit private pilots to non‐commercial operations. Because the SUAVs

is unmanned and will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the Operator operating the aircraft to have

a FAA ground school course rather than a commercial pilot's license to operate this small SUAVs.  Unlike

a conventional aircraft that carries the pilot and passengers, the SUAVs are remotely controlled with no

living thing on board.  The area of operation is controlled and restricted, and all flights are planned and

coordinated in advance.  The level of safety provided by the requirements included herein exceed that

provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft.  

The risks associated with the operation of the SUAVs are so diminished from the level of risk associated

with commercial operations contemplated by Part 61 when drafted, that allowing operations of the

SUAVs as requested with a private pilot as the Operator exceeds the present level of safety achieved by

14 C.F.R. §61.113 (a) & (b).

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

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

condition.  As there will be no airworthiness certificate issued for the aircraft, should this exemption be

granted, no FAA regulatory standard will exist for determining airworthiness.  Given the size of the

aircraft and the requirements contained herein for the use of safety check lists prior to each flight, an

equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.‐registered civil aircraft ..

(2)  For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof.

The SUAVS, given its size and configuration has no ability or place to carry such a flight manual

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to

carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the SUAVs operation manual and

appropriate checklists at the ground control point where the pilot flying the SUAVs will have immediate

access to it.  The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565,95658, 10167, 10167A, 10602, 32827, and 10700.
14 C.F.R. § 91.103: Pre‐flight action

This regulation requires each pilot in command to take certain actions before flight to insure the

safety of flight.  As FAA approved rotorcraft flight manuals will not be provided for the aircraft an

exemption will be needed.  An equivalent level of safety will be provided as set forth hereinabove.  The

Operator will take all actions including reviewing weather, flight battery requirements, landing and

takeoff distances and aircraft performance data before initiation of flight using appropriate checklists.

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.

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

Flight control is accomplished through the use of a radio transmitter that communicates with the

aircraft via a receiver in the SUAVs.  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. See

Exemption Nos.5778K & 9862A.  The equivalent level of safety provided by the fact that neither a pilot

nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

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. This exemption is

for a SUAVS and the exemption requests authority to operate at altitudes up to 500 AGL underneath

navigable airspace and in class E and G airspace maintaining safe separation from actual aircraft, an

exemption may be needed to allow such operations.

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, attempts will be made to contact all affected individuals regarding the planned flight

operations.   Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 551bs. proposed herein, and the lack of flammable fuel, any risk associated with these

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

addition, the low‐altitude operations of the SUAVs will ensure separation between these SUAVs

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

14 C.F.R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set " ...to the elevation of the departure airport or an appropriate

altimeter setting available before departure."  As the SUAVs 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 Manual and Safety Check list, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the

first point of intended landing, and, assuming normal cruising speed ‐ (1) During the day, to fly after that

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the SUAVs provides approximately between 10‐60 minutes of powered

flight.  To meet the 30 minute reserve requirement in 14 CFR §91.151, SUAVs flights would be limited to

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

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

daylight or night VFR conditions 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 SUAVs in controlled area where only people and

property owners or official representatives who have signed waivers will be allowed, with less than 30

minutes of flight operation time, does not give rise to the type of risks that Section 91.151(a) was

intended to alleviate particularly given the size and speed of the SUAVs.  Additionally, limiting SUAV

flights to 20 minutes would greatly reduce the utility for which the exemption will be granted.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 60

minutes or no less than 10% of battery power, whichever happens first. This restriction would be more

than adequate to return the SUAVs to its planned landing zone from anywhere within its limited

operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 C.F.R. §91.203 (a) and (b):  Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following:
(1)  An appropriate and current airworthiness certificate . . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization  issued under§91.715 is displayed at

the cabin or cockpit entrance so that it is legible to passengers or crew.

The SUAVs fully loaded weighs no more than 55 lbs and typically less than 20 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 SUAVs.

An equivalent level of safety will be achieved by keeping these documents at the ground control

point where the operator/pilot flying the SUAVs will have immediate access to them, to the extent they

are applicable to the SUAVs.  The FAA has issued numerous exemptions to this regulation.  A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797,

9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b):  Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph © 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, and

the requirements of pre‐flight inspection required herein, these sections will not apply to the applicant.   

Routine and pre‐flight maintenance will be accomplished by the operator.  An equivalent level of safety

will be achieved because these SUAVs are very limited in size and will carry a very small payload and

operate only in restricted areas for limited periods of time.   If mechanical issues arise the SUAVs can

land immediately and given its small size poses very little risk to persona or property.  The operator will

ensure that the SUAVs is in working order prior to initiating flight, perform required maintenance, and

keep a log of any maintenance performed.  Moreover, the operator is the person most familiar with the

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level

of safety.

7.  Publication Summary

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. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b);

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

operate commercially a SUAVS vehicle (551bs or less) for Aerial Photography Operations.

Approval of exemptions allowing commercial operations of SUAVs for aerial

photography/Inspection  for the following;   Business Operations: over land, water‐ways, and oceans;

operation over/in non‐restricted National Parks, National Forests, flight in non‐navigable airspace, using

non‐intrusive recording devices, operation in otherwise unrestricted US States/Territories will enhance

safety by reducing risk.  Conventional film operations, using jet or piston power aircraft, operate at

extremely low altitudes, just feet from the subject being filmed, and in extreme proximity to people and

structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000 lbs.,

carrying large amounts of jet A or other fuel.  In addition such actual certificated aircraft must fly to and

from the film location.  In contrast, a SUAVs weighing fewer than 55 lbs., and powered by batteries

rather than fuel, eliminates virtually all of that risk. The SUAV is driven/carried to the film set, not flown.

The SUAVS will carry no passengers or crew and, therefore, will not expose any crew to the risks

associated with manned aircraft flights.

The operation of SUAVs, weighing less than 55 lbs., conducted in the strict conditions outlined

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

requested herein, including exempting the Petitioner from the requirements of Part 21 and allowing

commercial operations.  These lightweight aircraft operate at slow speeds, close to the ground, and in a

line of sight, relatively sterile environment and are, as a result, far safer than conventional operations

conducted with actual aircraft/helicopters operating in close proximity to the ground and people.

8. Privacy

All business/commercial flights which occur over private or controlled access property will be

with the property owner's prior consent and knowledge. Filming will be of people who have also

consented to being filmed or otherwise have agreed to be in the area where filming will take place.

Petitioner will not infringe on any individual or landowner privacy rights.

Limited nighttime operations may be conducted.   Nighttime as defined FARs in Section is as

follows  1.1. "Night means the time between the end of evening civil twilight and the beginning of

morning civil twilight, as published in the American Air Almanac, converted to local time." Night

operations may be conducted by the SUAVs following the guidelines above and provided such

operations have sufficient lighting so that Petitioner/Operator maintains visual line of sight.  Allowing

SUAVs this exemption will provide a far safer nighttime filming alternative to the current full size aircraft

operations.

9. Conclusion
The FAA's purported "ban" on business/commercial Model Aircraft/UAVs operations has

actually had the current effect of causing American skies to be less safe.  There are many actual

certificated pilots who are exceptionally qualified to fly model aircraft/SUAVs with their model

aircraft/SUAVs experience, private, commercial or ATP pilot training, licenses and instructor ratings.

However, these experienced operators and licensed pilots familiar with the FARs, airspace and safe

operating procedures are currently reluctant to commercially operate model aircraft/SUAVs or be

involved, for fear of the FAA seeking an enforcement action against them or their actual pilot's licenses.

Presently, and especially with the judgment being accepted in the Pirker case, it defies safety or

regulatory logic that according to the FAA's current "ban" on business operations of SUAVs, your

average enthusiastic 12 year old, who's well‐meaning Father bought him a quadcopter SUAV equipped

with a camera, can operate his SUAV wherever he wants and take whatever recreational video/pictures

subject only to the suggestions of FAA AC 91‐57 and yet an FAA certificated private/commercial/ATP

pilot cannot be paid to use far higher quality and equipped SUAVs to take an aerial photo, search for

missing persona or aerially inspect a farmer's field, despite the significant improvement in safety over

non‐pilots operating SUAVs recreationally and real aircraft used for aerial photography.

Satisfaction of the criteria provided in Section 333 of the FMRA of 2012, and requiring the

SUAV's Operator to have or obtain medical a certificate and an actual pilot's license and considering the

small size, weight, speed, operating capabilities, limited operations in proximity to airports and

populated areas and operation within visual line of sight and national security ‐ all of which provide

more than adequate justification for the grant of the requested exemptions allowing business

/commercial operation of applicant's SUAVs for aerial photography/inspection as requested herein.

Signed: