U.S. Department of Transportation, Docket Room

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

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

Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.7(a); 91.103; 91.119(c); 91.121; 

91.151 (a); 91.405 (a); 91.407 (a) (1) and (2); 91.417 (a) and (b).

Dear Sirs:

Pursuant to section 333 of the FAA Modernization and Reform Act, I, Anthony Joseph Indge, 

operator of an Unmanned Aircraft System (UAS), hereby apply on behalf of Anthony Indge 

Photography & Video, for an exemption from the listed Federal Aviation Regulations (“FARs”) 

to allow commercial operation of its 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.

I am formally submitting for a exemption from part 21, subpart H; and sections 45.23(b), 91.7(a), 

91.9 (b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1) 91.409(a)(2), 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption 

would allow the operation of Unmanned Aircraft Systems (UAS) for the purpose of videography 

and photography for Real Estate and storm caused building damage and events.

Applicant 

Anthony J. Indge

Owner, Anthony Indge Photography and Video.

13331 Cove Landing Rd

Bishopville

Maryland 21813.

tindge@comcast.net

410-251-3370

410-352-5697

Airman Certificate Number. 214801174

 

Commercial operation of a UAS, as described herein, which are equipped with camera and 

sensors, would operate in the following manner;

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

storm damage assessment, and other related professional activities.

 Aerial video and /or photography for public and/or private use including public and 

private events.
As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited, b) controlled, c) 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 responsibilities to... “establish requirements for the safe operation of 

such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau) the FAA recently approved similar use of a type 

Phantom 2 UAS. We will be operating a UAS type PHANTOM 2 VISION PLUS from DJI 

which utilizes an attached high resolution gimbaled still and video camera, and a transportable 

ground station.

The PHANTOM 2 VISION PLUS is a quad-copter with a gross operating weight of 2.9 pounds 

(1315 grams). It is equipped with four rotors that are driven by electric motors powered by 

batteries. The UA has a maximum capable airspeed of 15 m/s although normal operations will not 

utilize this speed capability.

The system will be operated over a variety of metropolitan and rural areas on the Delmarva 

Peninsula primarily on the Eastern Shore of Maryland and lower Delaware, to augment real estate 

listings and capture video and still photography of storm damage, and also related business 

operations.

UAS Operating Procedures.

The primary operator, Anthony Indge, will abide by the following additional operating conditions 

under this exemption, which ensures a level of safe operation equal to the existing rules;

 Operate UAS below 300 feet and within a radius distance of 1000 feet from the controller 

to aid in the direct line of site visual observation at all times.

 Obtain permission from the owner/controller of any vessels, vehicles or structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or 

structures; we will conduct a safety assessment of the risk of operating closer to those 

objects and determine that it does not present any undue hazard.

 Normally operate the flight times of the UAS between 5 and 10 minutes ensuring more 

than ample reserve battery capability.

 Land the UAS prior to the manufactures recommended minimum level of battery power.

 Operate UAS during daylight hours only and within visual line of site (VLOS)

 Use the UAS global positioning system (GPS) flight safety feature whereby it returns to 

the point of departure, hovers and then lands slowly if communication with the remote 

control pilot is lost.

 Conduct all operations under flight safety protocols (including posting a warning sign 

reading “Attention Aerial Photography in Progress-Remain Back 150 feet”) contained in 

the operating documents, and will actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols.

 Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent information.

 Always obtain all necessary permissions prior to operation, and have procedures in place 

to abort flights in the event of safety breaches or potential danger.

 Only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in “

yellow” on VFR charts and through obtaining information regarding congested areas

from the local Flight Standards District Office (FSDO))
 Conduct extensive preflight inspections, calibrations and protocols during which safety is 

the primary importance (reference Phantom Flying Flow Chart and User Manuals).

Total familiarization in the operation of the DJI Phantom UAS has been gained via multiple 

flights in remote uninhabited areas and various wind and temperature conditions. The pilot 

Anthony Indge (owner and operator) holds Airman Certificate Number 214801174 and in 

addition has over 30 years of experience flying fixed wing and rotor radio controlled aircraft.

Specific Exemptions Requested

Given the size, weight, speed and limited operating area associated with the UA, it is 

felt that an exemption from 14CFR part 21, subpart H (Airworthiness Certificates ) and §

91.203() and (b) (certifications Required), subject to certain conditions and limitation, is 

warranted and meets requirements for an equivalent level of safety under 14CFR part 11 and 

section 333 of P.L. 112-95 (section 333).

We request an exemption from § 45.23 Marking the aircraft because the UA will not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two-inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Regardless of this, the UAS can be marked in the largest possible lettering 

by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will 

see the markings.

An exemption is requested from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation making 

this regulation inapplicable.

An exemption is requested from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b). 

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. 

However, as a safety precaution we will perform a preflight inspection of the UAS before each 

flight as outlined in the attached operating documentation.

An exemption is requested from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilot or passengers on board the aircraft, and the aircraft’s 

given size, this regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the UAS ground station.

An exemption is requested from§91.119 which prescribes safe altitudes for the operation of civil

aircraft, but it allows helicopters to operate at lower altitudes in certain conditions. We will not 

operate the UAS above the altitude of 300 feet above ground level (AGL) and will also only 

operate in safe areas away from public or traffic, thus “providing a level of safety at least 

equivalent to, or above those in relation to minimum safe altitudes.” Given the size, weight, 

maneuverability and speed of the UAS, an equivalent or higher level of safety will be achieved.

An exemption is requested from § 91.121 Altimeter Settings, as it is inapplicable since the UAS 

utilizes electronic GPS with barometric sensor.

An exemption is requested from §91.151(a) Fuel requirements for flight in VFR conditions. The 

UAV is 100% electric and low battery alerts are issued. Per the operating documents, the UAS 
will be landed by the PIC at the first alert. The average flight will last no longer than 5-10 

minutes each, and the UAS has an automatic failsafe function that lands the vehicle when low 

battery is detected and there is not sufficient power to return to point of take-off. 

The PIC will not begin a flight unless there is sufficient power to fly to the first point of intended 

landing, (taking into account wind and weather forecast,) assuming normal cruising speed, and 

land the UAS with at least 30% battery remaining.

Public Interest

Aerial photography and videography for real estate, storm damage assessment, and events, 

providing low cost services to clients that previously had to rely on manned aircraft if available. 

As a service not currently available in the area of operation, this will allow business growth, and a 

reasonable cost alternative to clients that otherwise may not have been able to utilize a service 

due to prohibitive expense.

The area in which operations will take place is subject to storms of sometime high intensity, and 

possibly hurricanes. Damage can at times be severe and homeowners and business owners will be 

able to view their property for damage quickly without incurring large expense.

As safety is of prime concern, the UAS poses no threat to the public given its small size and by 

not utilizing combustible fuels, as compared to larger manned aircraft. The use of a UAS also 

protects the environment from harmful emissions and contamination in the event of a full size 

aircraft incident. We have been aware of a growing demand from the homeowners and business 

owners for aerial photographic and video services in the listing of their real estate, as well as 

routine checks of the structures.

Summary

We will comply with all of the following conditions and limitations should this exemption be 

granted;

1. Operation will be limited to the aircraft described in the operating documents, which is a 

quad rotor aircraft, the DJI PHANTOM VISION 2 PLUS UAS weighing 2.9 pound 

gross.

2. The UAS will be flown below its specified max airspeed of 29 knots per hour. A safer

lower speed of 20 knots will be flown so conserving reserve battery power.

3. The UAS will be operated at an altitude not exceeding 300 feet above ground level 

(AGL). All altitudes reported to ATC will be in feet AGL.

4. The UAS will be operated within visual line of site (VLOS) of the Pilot in Command 

(PIC) at all times.

5. All operations will utilize a visual observer (VO). The UAS will be operated within the 

visual line of site of the VO at all times. The VO and PIC will be able to communicate at 

all times. The PIC will be designated before the flight and will not transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform 

functions prescribed in the operating documents.

6. The operating documents will be accessible during the UAS operations and made

available to the Administrator upon request. Any revisions to the operating documents 

will be presented to the Administrator upon request.

7. Prior to every flight, the PIC will 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 

UAS will not be operated until the necessary maintenance has been performed, and the 

UAS is found to be in a condition for safe flight. The Ground Control Station will be 

included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records.
8. Any UAS maintenance or alterations that affect the UAS operation or flight 

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

flight test. The PIC who conducts the functional test flight will make an entry in the 

aircraft records.

9. The pre-flight inspection section in the operating documents will account for all 

discrepancies. i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

10. We will follow all the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11. We will carry out maintenance, inspections and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspections, and alterations will 

be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to service.

12. Each UAS operated will comply with all manufacturer safety bulletins.

13. An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

14. UAS operations will be conducted by a PIC possessing a private pilot certificate Number 

214801174

15. Prior to operations conducted for the purpose of aerial photography and videography for 

real estate listings, storm damage assessment and public and private events and similar 

operations, the PIC will have accumulated and logged in a manner consistent with 14 

CFR 61.51 (b), a minimum of 25 hours of total time as a UAS rotorcraft pilot with at 

least 10 hours logged as pilot with a multi-rotor UAS.

16. Prior to operations conducted for the purpose of aerial photography and videography for 

real estate listings, storm damage assessment and public and private events and similar 

operations, the PIC will have accumulated and logged in a manner consistent with 14 

CFR 61.51(b) a minimum of 5 hours as UAS pilot operating the same make and model of 

the UAS to be used in operations. The PIC will accomplish 3 take-offs and landings in 

the proceeding 90 days.

17. The PIC will not operate the UAS conducted for the purpose of aerial photography and 

videography for real estate listings, storm damage assessment and public and private 

events and similar operations, unless the PIC has demonstrated and logged in a manner 

consistent with 14 CFR 61.51(b) the ability to safely operate the UAS in a manner

consistent with the operating documents, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures.

18. UAS operations will not be conducted at night, as defined in 14 CFR 1.1, All operations

will be conducted under visual meteorological conditions (VMC).

19. The UAS will not operate within 5 miles of an airport reference point as denoted on a 

current FAA published aeronautical chart.

20. The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally 

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

21. If a UAS loses communications or loses its GPS signal, it will return automatically to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

22. The PIC will abort a flight in the event of unpredictable obstacles or emergencies in 

accordance with operating documents.

23. The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 30% battery power remaining.

24. Prior to conducting any operations we will obtain a Air Traffic Organization (ATO) 

issued Certificate of Waiver or Authorization, and also request a Notice to Airman 
(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

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

control of the UAS will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

26. The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will 

be made available to the administrator or any law enforcement official upon request.

27. The UAS will remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

28. The UAS will not be operated by the PIC from any moving device and vehicle.

29. The UAS will not be operated over an area that is congested or densely populated.

30. The flight operations will 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 the UAS and/or debris in the event of an accident. We will ensure that all 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UAS, 

the flight operations will cease immediately.

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

owner/controller of such vessels, vehicles or structures has granted permission, and 

the PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

31. All operations will be conducted over private or controlled access property with the 

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.

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

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

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

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

NTSB Web site: www.ntsb.gov

If there are any questions or if additional information is required, please contact me at 

410-251-3370 or tindge@comcast.net

Sincerely

Anthony Indge

Owner

Anthony Indge Photography and Video
.