Singer’s Creations 

4075 Linglestown Road 

PMB #333 

Harrisburg, PA 17112 

717-576-2707 

mike@singerscreations.com 

November 2, 2014 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 

61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 91.405 (a); 14 

CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) 

Dear Sir or Madam: 

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

Reform Act) and 14 CFR Part 11, Singer’s Creations hereby applies for an exemption from 

the listed Federal Aviation Regulations (FARs) to allow commercial use of its Small 

Unmanned Aircraft Systems (SUASs), 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. 

An exemption is being requested because (1) existing regulations will burden Singer’s 

Creations (2) Singer’s Creations can provide a level of safety that is equal (or greater than in 

many cases) to those provided by existing rules, and (3) the request is in the public interest. 

The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority 

granted by Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems, 

provide an opportunity to authorize certain SUAS operations in the National Airspace 

System (NAS) prior to implementation of the SUAS rule. This incremental step will allow 

Singer’s Creations to safely and legally enter into the NAS. 
November 2, 2014 

Page 2 

As described in detail below, the requested exemption would permit Singer’s Creations to 

operate SUASs under controlled conditions in airspace that is (1) limited (2) predetermined 

(3) controlled as to access, and (4) would provide safety enhancements to the already safe 

operations of those aircraft of similar size, weight, speed, and operating capability that have 

been granted entry into the NAS via the rules in Academy of Model Aeronautics (AMA) 

National Aircraft Safety Code.1 Approval of this exemption would thereby greatly enhance 

safety and fulfill the Secretary of Transportation’s (the Secretary) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national 

airspace system” per Section 333 (c) of the Reform Act. 

Singer’s Creations is requesting exemption from the following regulations: 

14 CFR Part 21, Subpart H 

14 CFR 61.23 (a) 

14 CFR 61.113 (a) and (b) 

14 CFR 91.109 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a)(1) 

14 CFR 91.409 (a)(1) 

14 CFR 91.409 (a)(2) 

14 CFR 91.417 (a) and (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 to consider whether 

certain unmanned aircraft systems may operate safely in the NAS before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of 

the NAS, to the public, or pose a threat to national security. 

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as a result of its size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight (VLOS) 

does not create a hazard to users of the NAS or the public or pose a threat to national 

 

1 See the attached “AmaSafetyCode.pdf” document.
November 2, 2014 

Page 3 

security, and (2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under 49 USC 44704 is required for the operation of civil (nongovernmental) UASs. Therefore, 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”.2

Operation Overview 

Singer’s Creations’ SUASs are quadcopters, weighing 3 or fewer lbs. (including payload). The 

SUASs have the capability to hover and move in the vertical and horizontal planes 

simultaneously. They will operate only in visual line of slight (VLOS) and will operate only in 

tightly controlled and limited airspace. They are capable of operating at speeds of up to 29 

knots, but will be routinely operated at much lower speeds. They will routinely be operated 

below 200 feet above ground level (AGL), and never about 400 feet AGL. 

Singer’s Creations’ exemption request would permit its commercial operation of SUAS for 

aerial photography and videography in tightly controlled and limited airspace. Aerial 

photography and videography services will be offered to homeowners, realtors, home 

builders, home contractors, and/or home inspectors for use in, but not limited to, real 

estate marketing and safer inspections of home exteriors. All operations will be conducted 

on private property and with the written and/or oral permission of the property owner(s). 

Operations will always be conducted in areas that are clear of all people, except the pilot in 

command (PIC) and the PIC’s helper(s). Such operations will ensure that the SUAS will “not 

create a hazard to users of the national airspace system or the public”.3

Aircraft 

Singer’s Creations operates Phantom 2 Vision+4

 (Phantom) SUASs manufactured by DJI, a 

well-known leader in quadcopter technology. DJI strives to bring new perspectives to aerial 

work and help companies accomplish feats safer, faster, and with greater efficiency. They 

 

2

 Singer’s Creations interprets this provision to place the duty on the Secretary to not only 

process applications for exemptions under section 333 of the Reform Act, but for the 

Secretary to craft conditions for safe operations of SUAS, if it should be determined that the 

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

3 Reform Act Section 333 (b)

4 http://www.dji.com/product/phantom-2-vision-plus
November 2, 2014 

Page 4 

have an unparalleled commitment to R&D, a culture of constant innovation, and a focus on 

transforming complex technology into easy-to-use devices. 

The standard Phantom quadcopter package includes the Phantom itself, camera, gimbal, 

propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 GHz Wi-Fi 

communication system. The remote uses a 5.8 GHz frequency to prevent interference with 

the video/telemetry channel. This second channel allows for a constant connection with the 

Phantom to monitor it via a smartphone that is attached to the remote controller. 

The Phantom is about 1 foot square in size. It has a maximum ascent speed of 11 knots, a 

maximum descent speed of 3 knots, and a maximum flight speed of 29 knots. While 

operating within VLOS, the remote control has a range of 2,624 feet. The total weight 

(including the payload) is 2.55 lbs. 5

The Phantom is equipped with a DJI Naza-M V2 flight control system. This provides for 

incredible ease of use and stability. Pilots can control the Phantom’s movements in many 

directions – including pitch (forward and backward), roll (left and right), elevator (up and 

down), and yaw (turn left or right). The flight control system can also provide Intelligent 

Orientation Control (IOC), failsafe, battery level warnings, and show the aircraft’s current 

heading, direction, and approximate distance from home on the on-screen radar. The builtin GPS system aids in stabilizing the aircraft and automatically and safely returns it back to 

its home point in any case where communication between the remote control and 

quadcopter are lost. 

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric 

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement tells 

the Phantom how it’s tilted. And the gyros tell it if it’s rotating in any particular direction. 

The Phantom’s compass read geomagnetic information and assist the Global Positioning 

System (GPS) to accurately calculate the position and height of the aircraft. The vertical 

hover accuracy is +/- 2.6 ft. The horizontal hover accuracy is +/- 8.2 ft. 

The Phantom has LED flight indicators beneath each of its four rotor arms. The LEDs 

illuminate to indicate the status of the flight control system and alert the PIC of any possible 

issues. 

 

5

 http://www.dji.com/product/phantom-2-vision/spec 
November 2, 2014 

Page 5 

Such highly advanced capabilities will ensure that the SUASs can be safely operated and 

“not create a hazard to users of the national airspace system or the public.”6

Equivalent Level of Safety 

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace 

system in the world and to minimize the risk to the NAS or to persons and property on the 

ground, Singer’s Creations agrees to be bound by the following limitations and conditions 

when conducting commercial operations under an FAA issued exemption: 

A. For the purposes of ensuring SUASs will be operated within the standards that the 

FAA has allowed in the AMA National Model Aircraft Safety Code: 

1. SUASs will not be flown: 

a. In a careless or reckless manner. 

b. At a location where SUAS activities are prohibited.

2. SUAS pilots will: 

a. Yield the right of way to all human-carrying aircraft. 

b. See and avoid all aircraft and a spotter must be used when appropriate7

. 

c. Not fly higher than 400 feet above ground level or within three (3) miles 

of an airport without notifying the airport operator. 

d. Not interfere with operations and traffic patterns at any airport, heliport 

or seaplane base except where there is a mixed use agreement. 

e. Not exceed a takeoff weight of 55 pounds (including payload). 

 

6

 Reform Act Section 333 (b) 

7

 AMA Document #540-D
November 2, 2014 

Page 6 

f. Ensure the aircraft is identified by affixing the owner’s contact 

information to the outside of the SUAS. 

g. Not operate SUASs while under the influence of alcohol or while using any 

drug that could adversely affect the PIC’s ability to safely control the 

model. 

h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or 

any device which propels a projectile or drops any object that creates a 

hazard to persons or property. 

3. SUASs will not be flown unless: 

a. The aircraft, control system and pilot skills have successfully 

demonstrated all maneuvers intended or anticipated prior to the specific 

event. 

b. An inexperienced pilot is assisted by an experienced pilot. 

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others. 

5. A successful radio equipment ground-range check in accordance with 

manufacturer’s recommendations will be completed before the first flight of a 

new or repaired model aircraft. 

6. SUASs must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC). 

7. SUASs will not knowingly operate within three (3) miles of any pre-existing flying 

site without a frequency-management agreement.8

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 

feet to any individual, except for the PIC and the PIC's helper(s) located at the 

 

8 AMA Documents #922 and #923
November 2, 2014 

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takeoff site. 

9. Under no circumstances may a pilot or other person touch a SUAS in flight while 

it is still under power, except to divert it from striking an individual. 

10. The PIC of the SUAS shall: 

a. Maintain control during the entire flight, maintaining visual contact 

without enhancement other than by corrective lenses prescribed for the 

pilot. 

b. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550. 

c. Fly using the assistance of autopilot or stabilization system only in 

accordance with the procedures outlined in AMA Document #560. 

11. The flying area must be clear of all utility wires or poles and an SUAV will not be 

flown closer than 50 feet to any above-ground electric utility lines. 

12. The flying area must be clear before the engine is started, except for PIC and the 

PIC's helper(s). 

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe operations 

mentioned above, Singer’s Creations also agrees to be bound by the following 

limitations and conditions: 

1. Flights will be operated within VLOS of the PIC. 

2. Maximum total flight time for each operational flight will be 25 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 

25 minute limit. 

3. The SUAS will only operate in tightly controlled and limited airspace. 
November 2, 2014 

Page 8 

4. A briefing will be conducted in regard to the planned SUAS operations prior to 

each flight. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and 

received up-to-date information on the particular SUAS to be operated. 

6. The pilot and the PIC's helper(s) will at all times be able to communicate by 

voice. 

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have 

capability to return to a pre-determined location within the security perimeter 

and safely land. 

8. The SUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

9. All flights will be conducted on private property and with the written and/or oral 

permission of the property owner(s). 

10. Flights will always be conducted in areas that are clear of all people, except for 

the PIC and the PIC's helper(s). 

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) 

and never during severe weather conditions. 

12. Flights will not occur in weather conditions that prevent the PIC from operating 

within visual line-of-sight (VLOS) at all times or in weather conditions that 

dramatically affect the UAS’s flight (e.g. high winds). 

13. If an operation occurs in an area where people could inadvertently enter the 

area, an operational border will be established with traffic cones. If it’s not 

feasible to use traffic cones due to interference with the 

photography/videography, the PIC's helper(s) will be responsible for keeping a 

safe perimeter around the operation. The operation will cease immediately and 

be rescheduled if it’s impossible to establish a safe perimeter around the 
November 2, 2014 

Page 9 

operation. 

14. The PIC will be responsible for logging all flights to ensure the comprehensive 

preventative maintenance plan can be followed, as described in the 

“Preventative Maintenance” section below. 

15. The SUAS will not be routinely operated in the proximity of any airports. In any 

cases where the SUAS must be operated within three (3) miles of an airport, the 

airport operator will be notified before the operation commences. 

The operation of SUASs, weighing less than 3 lbs., conducted in the strict conditions as 

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

exemptions requested herein, including exempting the applicant from the requirements of 

Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly 

controlled environment. As a result, they offer a much safer way to capture aerial 

photography and videography. Furthermore, the proposed operations represent a safety 

enhancement to the already safe operations that have been granted by the FAA for the 

establishment of the AMA National Model Aircraft Safety Code. 

Preflight Action Plan 

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be improved as needed in order to ensure all known 

safety precautions and/or safety precautions suggested by the manufacturer are being 

accounted for. 

A. Pre-flight Inspection 

1. Check that the remote control, Phantom battery, range extender, and 

smartphone are all fully charged. 

2. Verify that the Phantom battery is not swollen or damaged in any way. Clean 

the contact needles and pads if necessary. 
November 2, 2014 

Page 10 

3. Turn the motor shafts with your fingers and verify they are smooth without 

excessive play or binding. 

4. Verify that the propellers are mounted correctly. Propellers with a black top 

should be mounted on the mount shafts that have a black dot. Propellers 

with a silver top should be mounted on the mount shafts that have a silver 

dot. Each propeller should spin all the way down onto the motor shaft. 

5. Run finger along the edge of edge blade to check for any rough edges. 

6. Flex both side of the propellers’ blades to check for hairline cracks where the 

blades connect in the center of the propeller. 

7. Verify that the landing gear is secure (not cracked/broken/loose). 

8. Verify that the compass and compass cable is firmly attached to the landing 

gear. 

9. Verify that the Micro-SD card has been inserted and formatted. 

10. Verify that the damping absorbers are not broken and/or worn. 

11. Verify that the anti-drop pins are in place and locked. 

12. Remove the Gimbal guard and camera lens cap. 

13. Verify that the camera is secure and clean. Inspect the camera ribbon cables 

for tears and/or signs of wear. 

14. Verify that the smartphone’s GPS is enabled. 

15. Set the smartphone to do-not-disturb mode to prevent distractions while 

flying. 
November 2, 2014 

Page 11 

16. Set the smartphone to forget any Wi-Fi networks in range in order to prevent 

the Wi-Fi connection from changing mid-flight. 

17. Verify that the smartphone’s audio is on to ensure the low battery warning 

and other alarms can be heard. 

B. Power Up 

1. Verify that S1 and S2 are in the top position on the remote control. 

2. Power on the equipment in the following sequential order: 

a. Range Extender (“System” is blinking green; “Power” is solid green) 

b. Remote Control (2 beeps to indicate it’s in FCC mode) 

c. Insert and start the Phantom battery. 

3. Watch the Phantom LED startup sequence for abnormal indications. The rear 

LEDs should blink green for at least 10-15 seconds to indicate that it locked 

onto 6+ satellites and has marked the home point (for use by the failsafe 

feature). 

4. Calibrate the Phantom’s compass. 

5. Place the Phantom on an open, flat ground with the battery indicators facing 

towards the PIC at least 10 feet away. 

C. DJI Vision Application 

1. Connect the smartphone Wi-Fi to the range extender.

2. Launch the “DJI Vision” application on the smartphone. 
November 2, 2014 

Page 12 

a. Verify that the Wi-Fi connection is “Phantom-#####” and is marked 

with a green dot. 

b. Verify the number of satellites is 6+. 

c. Verify the Wi-Fi signal strength. 

d. Verify that the Phantom and range extender batteries are reporting a 

full charge. 

e. Verify that both the PIC’s and Phantom’s location is the same before 

taking off to ensure the home point has been accurately marked. 

f. Verify the location of the Phantom in the “Flight Radar”. If it’s not in 

the correct position/direction and/or shows a distance of “N/A”, it did 

not mark the home point. 

g. Use the “Find my Phantom” feature to ensure the blue (home point 

location) and red (Phantom location) dots are in the same location on 

the screen. 

D. Ready to Fly 

1. Verify that the remote control antenna is perpendicular to the ground 

(pointing skyward). 

2. Verify that the front, flat face of the range extender is pointed toward the 

Phantom. 

3. Verify that the rear LEDs are still slowly blinking green and still connected to 

6+ satellites. 

4. Start the Phantom motors using the CSC command on the remote control. 
November 2, 2014 

Page 13 

5. Verify that the motors are functioning normally, are not making any unusual 

noises, and are all spinning at the same speed. 

6. Verify that the area is still clear of obstructions, people, power lines, etc. 

7. Take off and hover at about 6-8 feet above the takeoff point to verify that the 

Phantom has a solid GPS lock. If any abnormalities are noticed (drifting, flying 

in circles, etc.), land immediately and repeat the “Pre-flight Inspection” and 

“Power Up” sequences. 

8. Verify that the Phantom holds a steady position while yawing 360 degrees. 

9. Verify that the Phantom response appropriately to all controls – yaw 

left/right, pitch forward/backward, roll left/right, and throttle up/down. 

Preventative Maintenance 

A comprehensive preventative maintenance plan will be followed in order to ensure the 

SUAS’s software is up-to-date, the batteries are in good health, and the aircraft itself is 

always ready for safe flight9. 

Pilot in Command (PIC) Qualifications 

The PIC does not hold an airman certificate or medical certification. Since the SUAS is 

similar in size, weight, speed, and operating capability as those currently allowed to be 

flown for hobby/recreation, holding the PIC to those same set of standards will allow for an 

equivalent level of safety. 

The PIC holds a Bachelor of Science degree in Computer & Information Systems. Since the 

SUAS is controlled by a highly advanced computer system and runs on software that must 

be configured, updated, and maintained, computer proficiency is a must to ensure the SUAS 

is ready to be safely operated in the NAS. 

 

9

 See the “Preventative Maintenance Checklist” on page 41 of the attached 

“PhantomGuide.pdf” document. 
November 2, 2014 

Page 14 

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, operating 

at 400 feet AGL or lower, within strictly controlled pre-approved airspace. Since there are 

no standards for either private or commercial SUAS pilot certificates, knowledge of airspace 

regulations and dexterity in the control and operation of the SUAS acquired from actual 

operation of the aircraft will be the most important factors in establishing an equivalent 

level of safety. With that in mind, Singer’s Creations proposes that its PIC be required to do 

the following prior to the first commercial operation: 

1. Perform 20 flights or log 20 hours of flight time (the greater of the two) with the 

Phantom. 

2. Successfully learn and demonstrate all flight maneuvers in the “Phantom Pilot 

Training Guide”.10

3. Study and be familiar with all sections of the “Phantom 2 Vision+ User Manual”.11

4. Study and be familiar with all sections of the “Guide to the Phantom 2 Vision & 

Vision+”.12

5. Study, be familiar with, and demonstrate (where possible) the “Always be 

Prepared for the Worst” scenarios.13

Public Interest 

Granting this exemption would benefit the public as a whole. SUASs offer a strong 

equivalent level of safety, a reduction in environmental impacts, and are free from the 

harmful emissions associated with the manned aircraft that are currently used for aerial 

photography and videography. Due to the size of the SUAS and the tightly controlled and 

limited airspace in which the SUAS will operate, approval of this application presents no risk 

to the public. Furthermore, the public will be able to legally acquire aerial photography and 

 

10 See the attached “PhantomTrainingGuide.pdf” document. 

11 See the attached “PhantomUserManual.pdf” document.

12 See the attached “PhantomGuide.pdf” document.

13 See “Always be prepared for the Worst” on page 13 of the attached “Guide to the 

Phantom 2 Vision & Vision+”.
November 2, 2014 

Page 15 

videography to help in, but not limited to, advertising homes for sale, advertising 

uninhabited home lots, use of photos and video as an aid when researching homes for sale 

on the market, or safely accessing high and/or awkward areas of a home’s exterior to assess 

damage that needs to be repaired. 

Privacy 

Since the areas being photographed or filmed will be on private property, accessed only 

after given written and/or oral consent by the property owner(s), and clear of all people, 

except for the PIC and the PIC's helper(s), approval of this application presents no risk to 

the public privacy. 

National Security 

Due to the size of the SUAS and the tightly controlled and limited airspace in which the 

SUAS will operate, approval of this application presents no risk to national security. 

Requested Exemptions 

Singer’s Creations requests exemption from the following regulations since it’s not possible 

to fully comply with them, and since attempting to follow them for the purposes of 

operating a SUAS would be a burden: 

Airworthiness Certificates 

14 CFR Part 21, Subpart H 

Subpart H 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 aircraft to be utilized by Singer’s Creations, 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 USC 

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 SUAS. 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, 
November 2, 2014 

Page 16 

or safer, than a conventional aircraft operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

Medical certificates 

14 CFR 61.23 (a) 

This regulation requires pilots of manned aircraft to hold a medical certificate. Since 

risks associated with the operation of the proposed SUAS are so diminished from the 

level of risk associated with any manned aircraft; the SUAS is of a size, weight, 

speed, and operational capabilities which makes it much safer than any manned 

aircraft; since operations will occur in tightly controlled and limited airspace; and 

considering that all operations will be on private property that is clear of all people, 

obtaining and maintaining a medical certificate would not improve the safety of the 

operation. In the very rare case of a mishap, the SUAS being flown will pose 

significantly less of a threat than manned helicopters and fixed wing aircraft because 

the SUASs are a fraction of the size, a fraction of the weight, will be flown at a 

fraction of the speed, carry no flammable fuel, and carry no crew or passengers.

Private pilot privileges and limitations: Pilot in command 

14 CFR 61.113 (a) and (b) 

These regulations limit private pilots to non-commercial operations. Because the 

SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and 

operational capabilities; and since operations will occur in tightly controlled and 

limited airspace, the proposed operations can achieve the equivalent level of safety 

of current operations that currently require a commercial pilot’s license. 

Furthermore, since there are no standards for either private or commercial SUAS 

pilot certificates, knowledge of airspace regulations and dexterity in the control and 

operation of the SUAS acquired from actual operation of the aircraft will be the most 

important factors in establishing an equivalent level of safety. It cannot be assumed 

that a commercial pilot, approved to operate a manned helicopter or fixed wing 

aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, 

operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. 

Flight instruction 

14 CFR 91.109 
November 2, 2014 

Page 17 

This regulation 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. 

SUASs and remotely piloted aircraft, by their design do not have fully functional 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 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. 

Altimeter settings 

14 CFR 91.121 

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 SUAS 

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 by confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

Fuel Requirements for Flight in VFR Conditions 

14 CFR 91.151 (a) 

This regulation prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal 

cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At 

night, to fly after that for at least 45 minutes.” 

The battery powering the SUAS provides approximately 25 minutes of powered 

flight. That would make it impossible to meet the 30 minute reserve requirement. 

Given the limitations on the SUAS’s 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. 
November 2, 2014 

Page 18 

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

of battery power (whichever occurs first). This restriction would be more than 

adequate to return the SUAS to its planned landing zone from anywhere in its 

limited operating area. 

Maintenance Inspections 

14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 

14 CFR 91.417 (a) and (b) 

These regulations require that an aircraft operator or owner “shall have that aircraft 

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

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply. Maintenance will be accomplished by the 

operator pursuant to the aforementioned Phantom user manual and guide. An 

equivalent level of safety will be achieved because these small SUASs are very 

limited in size, will carry a small payload, and operate only in restricted areas for 

limited periods of time. If mechanical issues arise, the SUAS can land immediately 

and will be operating from no higher than 400 feet AGL. As outlined in the 

aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in 

working order prior to initiating flight and perform maintenance as required. 

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.

In accordance with 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register: 

The applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart 

H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 

CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 

CFR 91.417 (a) and (b) to commercially operate small unmanned aircraft systems (55 

lbs. or less) in order to safely and legally capture aerial photography and 
November 2, 2014 

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videography for use by homeowners, realtors, home builders, home contractors, 

and/or home inspectors. 

The operation of SUASs conducted in the strict conditions outlined above, will provide an 

equivalent and/or greater level of safety supporting the grant of the exemptions requested 

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

commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment, and as a result, are far safer than existing operations 

conducted with helicopters operating in close proximity to the ground, people, or other 

buildings in the vicinity. 

Given the small size of the SUASs involved, the slow speed at which they must be operated 

in order to capture photos and videos, and the restricted environment within which they 

will operate, the Phantom demonstrates that it can be operated within an equivalent level 

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

operations of SUASs to commence immediately. Also, due to the size of the SUASs and the 

restricted areas in which the relevant SUASs will operate, approval of this application 

presents no threat to national security. Given the clear direction in Section 333 of the 

Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level 

of safety surrounding the proposed operations, the significant public benefit – including 

enhanced safety, reduction in environmental impacts, no emissions, ability to legally obtain 

aerial photography and videography services – the grant of the requested exemptions is in 

the public interest. Accordingly, Singer’s Creations respectfully requests that the FAA grant 

the requested exemption without delay. 

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

operating capability, proximity to airports and populated areas, operation within the visual 

line of sight, public safety, and national security – provide more than adequate justification 
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Page 20 

to grant Singer’s Creations the requested exemption, allowing for commercial operations as 

described herewith. 

Sincerely, 

Michael Singer 

Founder, Singer’s Creations 

Enclosures (4)