Idaho Dan, Inc. Page 1 

Idaho Dan, Incorporated Boise, Idaho - Section 333 Exemption Petition 

January 28, 2016 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, 

SE Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R.45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 

91.7(a); 14 C.F.R. 91.9(b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 

C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a)&(b); 14 C.F.R. 91.405(a); 14 C.F.R. 

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

Dear Sir or Madam, 

Thank you for reviewing my request for exemption 333 for sUAS flights. I have been an active 

private pilot since 1979 with an Instrument rating since July 2003. I have flown well over 3,000 

hours in various aircraft from C-152 to a Bonanza V-35. I am current as well. 

Respectfully, I would like to file for the FAA Section 333 flight exemption for the following 

purposes. 

THE PURPOSE 

Aerial photography and videography for real estate, architecture, land surveying, engineering 

and other related professional activities; for television, public events, cinematography and news 

gathering; for inspection/photography of structures and infrastructure; for providing live video 

feed to assist with search and rescue operations; and for training in the use and application of a 

sUAS. 

Pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained 

within 14 C.F.R. 11, Idaho Dan, Incorporated, an owner and operator of small unmanned aircraft 

systems (sUASs), requests to be exempted from the Federal Aviation Regulations (“FARs”) 

listed below so that Idaho Dan, Inc., may safely and legally operate small ultra lightweight 

unmanned aircraft systems (“sUASs”) in the national airspace (NAS) regulated by the Federal 

Aviation Administration (“FAA”). 

Following exemption and approval by the FAA, Idaho Dan, Inc. will be responsible for the Pilot 

in Command (PIC) of a professionally built, camera-equipped DJI Inspire 1 and a DJI Phantom 

3 Advanced sUAS for the following applications: real-estate listing videos only with express 

permission of the property owner; Home Inspection using visual assessments; and the creation 

of visual and topographical layout videos for state and local agency’s, educational 

organizations, agricultural inspections or building and construction zone inspections, provided 

that such operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA as required by Section 333. 
Idaho Dan, Inc. Page 2 

Granting exemption to Idaho Dan, Inc. would permit the above specified operation of ultra 

lightweight sUASs in the NAS with limited, tightly controlled, predetermined flight plans away 

from the general public, airports, heliports, motorways or any restricted airspace. Granting a 

request for Idaho Dan, Inc. complies with the Secretary of Transportation’s (FAA 

Administrator’s) instructions to integrate sUASs into the national airspace system, as well as to 

“...establish requirements for the safe operation of such aircraft systems [UAS's] in the national 

airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for real 

estate/realtor purposes, educational videos, search and rescue, land/trusts inspections, 

agricultural field monitoring, film/video productions, closed-set motion picture film and television 

operation, and structure inspections, to aid private, state and local agencies. Idaho Dan, Inc. will 

ensure enhanced public safety by conducting operations in compliance with the specific safety 

protocols and regulations established by the FAA. Additionally, seamlessly integrating sUASs 

into the NAS will increase community awareness to the benefits of the sUAS industry. Increased 

awareness and education will reveal the positive role the sUAS industry 

can play in local communities while increasing safety. 

 
Idaho Dan, Inc. Page 3 

Contact Information: 

Idaho Dan, Inc. 

Daniel Lindsey 

CEO/Owner and PIC 

2887 North Leisure Drive 

Boise, Idaho 83704 

208 867-9884 

Dan@Idahodan.com

Specific Sections of Title 14 of the Code of Federal Regulations from which Idaho Dan is 

requesting exemptions are: 

14 C.F.R. 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113 (a) & (b); 

14 C.F.R. 91.7 (a) 

14 C.F.R. 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 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b) 

This exemption application is 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 (NAS) 

before completion of the rule making required under Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which type of sUASs do not create a 

hazard to users of the NAS or the public or pose a threat to national security. 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 Federal Aviation Act expressly grants the 

FAA 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, that includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. The 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 Administrator finds the 

exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 

U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1). 
Idaho Dan, Inc. Page 4 

The extent of relief Idaho Dan, Inc. seeks and the reason for such relief: 

This exemption application is submitted on behalf of Idaho Dan, Inc. in accordance with the 

Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs 

operating to prevent Idaho Dan, Inc., predetermined commercial cinematic, academic and other 

flight operations within the NAS. The Reform Act in Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is in the public’s interest 

to do so. Idaho Dan, Inc. will be operating, ultra lightweight sUASs that meet the definition of 

“small unmanned aircraft” as defined in Section 331 and, therefore the integration of such 

sUASs are expressly contemplated by the Reform Act. 

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 aircraft to be 

utilized by the applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of 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, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions proposed. The 

sUAS to be operated here is under 55 lbs. or less fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance 

with local public safety requirements, to provide security for the area of operation as is now 

done with conventional filming. The FAA will have advance notice of all operations. These 

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

picture and television production, 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. § 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 sUAS will have no airworthiness certificate, an 

exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot 

station on which the word “Experimental” can be placed. Given the size of the sUAS, 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 sUAS 

marked on its fuselage as required by §45.29 (f). where the pilot, observer, and others working 
Idaho Dan, Inc. Page 5 

with the sUAS will see the identification of the sUAS as “Experimental”. The FAA has issued the 

following exemptions to this regulation as Exemption Numbers 10700, 8738, 10167 and 

10167A. 

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

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

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to have no less than 40 

hours of flight time with the specific sUAS equipment Idaho Dan, Inc. operates. The experience 

of the PIC will be certified by Idaho Dan, Inc. through background checks and, if necessary, 

testing. Idaho Dan, Inc. will maintain flight logs of all PICs it employs, and provide full 

transparency to the FAA regarding the logs and records of these PICs. The PIC designated for 

any operation will hold an FAA airman’s certificate and have at least a Class 3 medical 

certificate. The risks associated with the operation of the sUAS are so diminished from the level 

of risk associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS by a PIC meeting the standards of Idaho Dan, Inc. (listed 

above) exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no persons on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. Currently there are no pilot licenses that are specific for 

UAS operators, and no current FAA sanctioned pilot license of any type requires training with, 

and knowledge of, UAS equipment greater than the requirements Idaho Dan, Inc. uses to certify 

its PICs. Therefore, the requirement of any available FAA sanctioned pilot license to operate a 

sUAS does not make a PIC a more competent operator than one meeting the requirements of 

Idaho Dan, Inc.. My company hopes the FAA develops a new Pilot License specific for UAS and 

sUAS commercial operation, one that sets high standards on the quality of pilots and increases 

the professionalism of our emerging industry. If the FAA does this, Idaho Dan, Inc.’s PICs will 

file for these licenses. My company would also be happy to work with the FAA to help develop 

the standards for new licenses, and any other regulations the FAA is developing for UAS 

operation. 

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 for maintenance, and use of safety check lists prior to each flight 

(summaries listed below), an equivalent level of safety will be provided. 

Summarized Safety Checklists: 

Aircraft: All adjustment points will be checked for tightness; all motors and props will be 

inspected; all wiring will be double checked; all systems will be powered up and checked for 

errors. 

Battery: Confirmation will be made that batteries are fully charged and installed/connected 

properly. 

Calibration: Pre-flight motor/gyro calibration followed by confirmation of no errors with the flight 

and navigation systems. 
Idaho Dan, Inc. Page 6 

Compass Calibration: compass will be calibrated at each new location and before each flight 

as per manufacturer’s protocols. 

Transmitter: Confirm radio transmitter has sufficient charge, and is both working properly and 

receiving telemetry from the sUAS; confirm all switches are in pre-flight mode. 

Surroundings/Flight Area: Conduct one last visual inspection of the take-off surroundings and 

area of airspace sUAS will be operating in. Confirm all people in the surrounding areas are 

associated with the filming being done. 

Take-off Announcement: Before motors are started the PIC will announce to a designated 

Representative (person of authority) of the film crew and the VO that sUAS is ready to take-off. 

Only after the Representative has notified all persons within the surrounding areas, and 

confirmed to PIC that they have clearance to lift-off, will the motors be started and the sUAS will 

conduct its operation. 

Test Flight: A test flight will be conducted: after any disassembly/reassembly; after replacement 

of any motors or flight electronics; after any pre-flight or in flight equipment errors that occur not 

resulting from environmental conditions; very first thing of any commercial operations day before 

filming begins; if there are any concerns about environmental conditions and potential issues 

with the flight path. 

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 sUAS, 

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 flight manual at the ground control point where the PIC flying the sUAS will have immediate 

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

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

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

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

exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. 

14 C.F.R. § 91.109: Flight instruction: 

Section 91.109 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. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is 

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. 
Idaho Dan, Inc. Page 7 

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. As this 

exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 feet AGL, or not more than 200 feet above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, 

the sUAS will never operate at higher than 400 feet AGL with the exception that in 

circumstances where the sUAS is used to survey or photograph a structure whose height 

exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point 

on the structure. It will however be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent. The 

equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of the property 

owner or local officials. Because of the advance notice to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or 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 operating at or below 500 AGL 

in the movie industry. In addition, the low-altitude operations of the sUAS will ensure separation 

between these small UAS 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 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, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

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

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

conditions unless (considering wind and forecast 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 no more than 30 minutes of powered flight. 14 C.F.R. 

§ 91.151, sUAS flights would not be possible due to the reserve requirement being equal to the 

maximum flight time. Given the limitations on the sUASs proposed flight area and the location of 

its proposed operations within a predetermined area, a longer time frame for flight in daylight or 

twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 C.F.R. § 

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 small 

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

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, the limitations created by this requirement for 

sUAS flights would essentially make null any utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 18 

minutes or 30% of battery power— whichever happens first. This restriction would be more than 
Idaho Dan, Inc. Page 8 

adequate to return the sUAS to its planned landing zone from anywhere in 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) & (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 sUAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the sUAS. An equivalent level of safety will be achieved by keeping these documents 

at the ground control point where the pilot flying the sUAS will have immediate access to them, 

to the extent they are applicable to the sUAS. 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 (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 to the applicant. Maintenance and inspections will be done in accordance 

with the sUAS Manufacturer's Manual, and will be performed by employees of Idaho Dan, Inc. 

following the guidelines and practices provided to us by the sUAS Manufacturer. An equivalent 

level of safety will be achieved because these small UASs are very limited in size and 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. The PIC will ensure that the sUAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the PIC 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. 

Additional Views and Information: Idaho Dan, Inc. has realized the amazing benefits sUAS 

equipment can provide to the real estate, news, farming, film and television industries. It not 

only provides new cinematography capabilities, but also increased safety over current and past 

practices that used larger and more dangerous equipment. My company wants to have the 

highest levels of safety and professionalism, and one thing essential to this is achieving a path 

to commercial licensing with the FAA. We believe this will help reduce unsafe practices, 

discourage improper uses, and improve public perception. The commercial manufacture and 

use of sUAS equipment will create more jobs for the United States and help boost the 

economies in many sectors, and we want to help the FAA in creating regulations that will allow 

incorporation of UAS devices into our country's airspace for commercial use. 

 
Idaho Dan, Inc. Page 9 

Reasons Why Idaho Dan, Inc. Exemption Will Not Adversely Affect Safety and How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations are conducted in limited areas with predetermined 

flight paths under the permission of the property owner or property representative. These 

limitations and conditions to which Idaho Dan, Inc. agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh no more than 55 lbs. 

2. Flights will be operated within line of sight (VLOS) of the pilot in command (PIC) or visual 

observer (VO). 

3. Maximum total flight time for each operational flight will be 18 minutes or at 30% battery 

power reserve should that occur prior to the 18 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 

feet above an elevated platform from which filming is planned. If a structure being filmed or 

photographed has a height which exceeds 400 feet AGL, the UAS will not exceed 100 feet in 

height above the highest point on that structure. 

5. Minimum crew for each operation will consist of the sUAS PIC, and the Visual Observer. 

6. sUAS Pilot will be Pilot in Command (PIC). The PIC hold an FAA airman certificate and will 

have a minimum of 40 hours of flight time with the specific sUAS equipment Idaho Dan, Inc. 

operates. The experience of the PIC will be certified by Idaho Dan, Inc. through background 

checks and, if necessary, testing. The PIC will also have passed the FAA Airman Knowledge 

Test for Private Pilots (Test Code:PAR or PRH). Idaho Dan, Inc. will maintain flight logs of all 

PICs it employs, and provide full transparency to the FAA regarding the logs and records of 

these PICs. 

7. Flights will be operated at a lateral distance of at least 100 feet from any inhabited structures, 

buildings, vehicles, vessels, or people not associated with the operation or who have not signed 

a waiver in advance of the operation. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

production activities. It will be mandatory that all personnel involved with the operational duties 

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

9. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office. (FSDO) 

10. The operator will obtain the consent of all persons involved in the filming and ensure that 

only consenting persons will be allowed within 100 feet of the flight operation, and this radius 

may be reduced to 30 feet based upon an equivalent level of safety determination. With the 

advanced permission of the relevant FSDO, operations at closer range can be approved. 

11. PIC and Visual Observer will have been trained in the operation of the specific sUAS 

equipment used by Idaho Dan, Inc., and received up-to-date information on the particular sUAS 

to be operated. 

12. The PIC designated for any operation will have at least a Class 3 medical certificate. 

13. Visual Observer and PIC will at all times be able to communicate by voice, or radio. 
Idaho Dan, Inc. Page 10 

14. Written and/or oral permission from the relevant property holders or property representatives 

will be obtained. 

15. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate government agencies. 

16. If the sUAS loses communication with the PIC or loses its GPS signal, the sUAS will have 

the capability to return to a pre-determined location within the Security Perimeter and land 

autonomously. 

17. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies. 

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 rule making 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 or the public or pose a threat to national security in 

light of the following: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333

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) The Federal Aviation Act expressly grants the FAA 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, that includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. The 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 Administrator finds the 

exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 U.S.C. § 44711 (a); 49 

U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1). Idaho Dan, Inc. sUASs are rotorcraft, weighting 55 

or fewer lbs. including payload. They operate, under normal conditions at a speed of no more 

than 40 knots and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate only within a 

predetermined and closed off property area under the permission of the property representative. 

Such operations will ensure that the sUASs will “not create a hazard to users of the national 

airspace system or the public” as per the Reform Act Section 333 (b). Given the small size of 

the sUASs involved and the restricted sterile environment within which they will operate, the 

applicant 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 UASs to 

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

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

Given the clear direction in Section 333 of the Reform Act, 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 UASs for movie 

and commercial videography operations, the grant of the requested exemptions is in the public 
Idaho Dan, Inc. Page 11 

interest. Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

How granting Idaho Dan, Inc. Exemption will Benefit Public as a Whole

The economic potential of the rapidly developing UAS industry is extraordinary. Technological 

advancements have created devices that were unthinkable as early as 5 years ago. 

Unfortunately this developing science has put advanced technology into the hands of untrained 

individuals. Further development of the sUAS industry is dependent upon safe integration into 

the NAS. It is imperative that responsible operators lead by example in this developing industry 

in order to maintain the safest national airspace system in the world. When operated 

responsibly, unmanned aircraft systems pose significantly less threat to persons and property 

than traditional manned aircraft due to their size and lack of combustible material onboard. 

Congress has already proclaimed that it is in the public’s best interest to integrate commercially 

flown sUASs into the NAS. The real estate, farming film and television industry is an ideal 

application of sUAS technology. sUASs are ideal in this industry in that they create less 

environmentally damaging emissions, are less disruptive locally and pose significantly less 

threat to persons and propery than traditional aircraft. Granting exemption to Idaho Dan, Inc. will 

ensure more qualified, responsible UAS operation in the NAS and can enhance the economic 

impact of the developing sUAS and ancillary industries as a whole. 

********* 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: Applicant 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 small unmanned vehicle (50 lbs or less) in motion picture, television, and 

commercial operations. Specifically, Idaho Dan, Inc. is seeking 333 exemption for closed-set 

film operations for film and television productions, on-location film or television operations on 

private land or with property permission; aerial video support for films and commercials in 

controlled environments; augmentation of real-estate listing videos; and the creation of visual 

and topographical layout videos for state and local agencies, educational organizations, 

agricultural inspections or building and construction zone inspections. The sUASs will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent 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 conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and 

people. All flights will occur over private or controlled access property with the property 

representative or 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. All flights will occur in accordance with any state or local laws regarding privacy. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant’s sUAS equipment in 

the motion picture, television, and commercial production industry. ********** 

Traditionally, aerial filming for real estate, the television and film industries has relied primarily 

on the use of traditional aircraft. These larger combustible-fueled aircraft pose significant risk to 
Idaho Dan, Inc. Page 12 

the crew, passengers and the public in general due to their inherent dangers and the proximity 

of use to participants. Small unmanned aircraft are ideal for the television and film industries 

because of the same reasons they do not pose significant threat to the public. UASs do not 

carry combustible fuel, they have a lighter impact on the environment, are less disruptive, 

smaller, more maneuverable and safer than conventional video and photographic aircraft. When 

operated responsibly, a sUAS utilizes lower altitudes within visual line of sight of the PIC in a 

predetermined airspace. These protocols further reduce the risk of personal injury or property 

damage. Since sUASs are unmanned, risk to pilots and crew are practically impossible. In many 

ways sUASs are ideal for the film and television industries and they will be responsible for 

enhancing production value in unexpected ways. As this technology becomes more ubiquitous 

sUAS operation needs to be regulated effectively. The rapid development of sUAS technology 

has made the need for effective legislation more pertinent. The sUAS industry needs qualified, 

responsible operators to lead by example to help ensure safe integration into the NAS. Granting 

a 333 exemption for Idaho Dan, Inc. will reduce the reliance on traditional large aircraft for aerial 

video work and guarantee safe integration of additional sUASs into the NAS, further reducing 

risk and enhancing public safety. 

Respectfully submitted, 

Idaho Dan, Inc. 

Daniel Lindsey 

CEO/President and Private Pilot 

2887 N Leisure Dr. 

Boise, Idaho 83704 

208 867-9884 

Dan@IdahoDan.com 

 
Idaho Dan, Inc. Page 13 

Appendix A – List of Unmanned Aircraft Systems UAS 

Make & Model Description Weight 

DJI Phantom 3 4 rotor electric 4 lbs 

Unmanned aircraft 

System UAS 

Operating Frequencies: 

Transmitter: 2.400 ~ 2.483 GHz 

Video Feed: 5.725 ~ 5.825 GHz 

1. DJI Phantom 3 - The operation of the DJI Phantom 3 system is as follows. 

1. Build Materials - Plastic, Aluminum and internal electrics. 

2. Motor Configuration - The Phantom 3 has a quadcopter configuration. 

3. Payload - The Phantom 3 it’s own integrated camera. Total Weight- 4lbs 

4. Maintaining the Phantom 3 

I. Before each flight: 

1. Check all hardware to ensure it is securely tightened. 

2. Check that the motor is level and locked in place. 

3. Check the propeller to ensure it is tight and there are no visible signs of cracks, stress, 

and/or chips. Replace if propeller is questionable. 

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of 

5. Check all navigational lighting to ensure it is properly working. 

II. After 45 hours of flight 

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace 

as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as 

necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as 

necessary. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying. 

5. Check for updates to flight controller firmware. If available, install and perform a 

minimum of 15 test flights before conducting commercial work. 

Appendix B - UAS Manuals/ Flight Operations/ Manual for all field safety protocols

This Appendix includes UAS manufacturer's user manuals, maintenance instructions, and 

illustrated parts catalogs. These manuals may be attached to the docket when submitted. 

Information regarding design, aircraft performance, fail-safe features, operating limitations, 

normal and emergency procedures, and maintenance and inspection procedures is contained 

within the manuals and supplemental information documents listed below: 

1. Phantom 3 Advanced Manual V1.6 (EN) http://www.dji.com/product/phantom-3-

adv/info#downloads File is too large to upload to FAA portal 

2. Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 (EN) 

http://www.dji.com/product/phantom-3-adv/info#downloads 

 
Idaho Dan, Inc. Page 14 

For more information or questions about these documents please contact: 

Daniel Lindsey 

208 867-9884