October 12, 2015

Petition of Covert Aerial Photography LLC for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012.

To Whom It May Concern:

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

and 14 CFR Part 11, Covert Aerial Photography LLC, hereby applies for an exemption from Federal

Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned 

aerial system (i.e., sUAS).

This exemption would permit commercial operation by Covert Aerial Photography LLC, to conduct 

real estate photography and videography.

 Covert Aerial Photography LLC’s operation under the exemption will be subject to strict operating 

requirements and conditions to ensure safety at all times and under conditions as may be modified by 

the FAA as required by Section 333.

UAS’s operated by Covert Aerial Photography LLC will be operated under controlled VFR conditions 

at low altitude in airspace that is permitted in accordance with Covert Aerial Photography LLC’s 

approved Certificate of Authorization (COA).

Covert Aerial Photography LLC respectfully submits this request for an exemption because it wishes to

operate sUAS for profit. The operations of Covert Aerial Photography LLC are located in the state of 

Montana and are most always in rural areas. The FAA can have confidence that the operations will be 

conducted with professionalism and public safety as first priority. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

Petitioner's Description:

Covert Aerial Photography LLC is headquartered in the City of Belgrade, MT.,

is a company that wishes to provide sUAS support to real estate photography and videography, local 

promotional photography/videography, and construction photography. Covert Aerial Photography LLC 

intends to operate in a compliant and safe environment. 

Covert Aerial Photography LLC’s goal is to operate in an accident-free environment by:

• Demonstrating a commitment by the petitioner to operate in a compliant manner.

• Identify hazard and risk while eliminating or controlling all these risks. Petitioner will

intervene and report when unsafe work practices or conditions appear to exist.

• Train all support personal involved in flight operations to perform at the highest

standard level.

The contact information for Petitioner is as follows: Covert Aerial Photography LLC, 3290 W 

Hollyhock Dr, Belgrade, MT 59714

Owner: Anthony Covert, montana455@msn.com, Phone # (406) 548-4507

Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) 

of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform 
Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate 

safely in the National Airspace ("NAS") before completion of the formal UAS rule-making, based on 

the following considerations:

• 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 the visual line of sight of the operator

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. A party requesting an exemption must explain the reasons why the exemption: (1) 

would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide

a level of safety at least equal to the existing rules).

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, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections.

Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 

333 of the Reform Act.

The proposed operations would permit Covert Aerial Photography LLC the use of small UAS systems 

under controlled conditions in airspace that is: (1) predetermined; and that (2) provides an Increased 

level of safety beyond that existing when fixed or rotor wing aircraft are used by others to accomplish 

the same purpose.

Covert Aerial Photography LLC submission places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems the conditions 

proposed herein require modification in order to allow approval, to supply conditions for the safe 

operation of the sUAS. Covert Aerial Photography LLC welcomes the opportunity to consult with FAA

staff in order to address any issues or concerns that this proposal may raise that they believe may 

require modification.

Covert Aerial Photography LLC will use UASs that are multi-rotor, weighing less than 55 pounds 

including payload. They will operate, under normal conditions, at speeds not to exceed 50 mph. The 

multi rotors have the capability to hover and move in the vertical and horizontal plane. Covert Aerial 

Photography LLC’s UASs will operate in line of sight and during daylight hours. All required 

permissions and permits would be obtained from territorial, state, county or city jurisdictions, Including

local law enforcement, fire, or other appropriate governmental agencies prior to operating a

sUAS.

Given the small size of the sUAS involved and the environment within which they will operate, this 

Covert Aerial Photography LLC’s exemption falls within the zone of safety and demonstrates an 

equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by

exemption pending completion of formal rule making.

Also, due to the size of the sUAS and the confined area in which the sUAS will operate, approval of the

application presents no hazard in the NAS. Considering the clear direction in Section 333 of the 

Reform Act, the authority contained
in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the public

interest.

Description of Proposed Operations

To assist the FAA in its safety assessment of Covert Aerial Photography LLC’s proposed sUAS 

operations, below is a summary of operational limitations and conditions that will ensure an equivalent 

or higher level of safety to operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of the PIC and visual observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the sUAS can be flown and still maintain a reserve battery power of no less than

30%.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

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

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

have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS PIC (and a Visual Observer/Camera 

Operator when appropriate).

7. The sUAS PIC will be the petitioner Anthony Covert.

8. Covert Aerial Photography LLC will designate a Pilot in Command ("PIC") for each

mission.

9. The sUAS will operate only within a confined safe and uncongested area.

10. Prior to the operations at a particular location, a site inspection will be conducted. On the

day of the mission the management person with operational control and the PIC will concur on 

performing the mission after reviewing all safety issue compliance.

11. Prior to initiating each mission a briefing will be conducted in regard to the planned

sUAS operations. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safe and uncongested area be present for this briefing.

12. Covert Aerial Photography LLC’s crew will use a safety and airworthiness checklist.

13. The sUAS will be maintained in compliance with the manufacturer’s guidelines.

14. In the event of an accident involving a Covert Aerial Photography LLC sUAS,

petitioner will cease operations and report the accident to the NTSB and AFS-80.

15. PIC and VO will at all times be able to communicate by voice.

16. PIC, Camera Operator, VO, and Operational Personnel will have been trained and

testedby the petitioner.

17. All required permissions and permits will be obtained in advance from territorial,

state, county or city jurisdictions, including local law enforcement, fire or other appropriate 

governmental agencies.

18. In compliance with approved exemption, Covert Aerial Photography LLC management will submit 

a written “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction 

over the area of proposed filming three days in advanced of operations during film or movie 

productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return to a predetermined location within the safe and uncongested area.

20. Contingency plans will be in place to safely terminate flight if there is a loss of communication 

between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or emergencies.
22. Covert Aerial Photography LLC, will assure no individuals’ privacy is violated.

23. Procedures have been established to contact ATC prior to operating in airspace other than G.

Regulations From Which Exemption is Requested

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in

Command

B. 14 CFR § 91.103: Pre-flight Action

C. 14 CFR § 91.113: Right-of-Way Rules

D. 14 CFR § 91.119 (c): Minimum Safe Altitudes

E. 14 CFR § 91.121: Altimeter Settings

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot inCommand

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the DJI sUAS’s are remotely controlled with no 

passengers or property of others on board. Covert Aerial Photography LLC respectfully proposes that 

the FAA should take into account the characteristics and procedures of the particular UAS.

Covert Aerial Photography LLC proposes that the actual operation of the DJI sUAS does not require 

the Pilot to hold a private pilot certificate. Covert Aerial Photography LLC proposes the following 

requirements:

• Pilot in Command Requirements:

1. The PIC must have accumulated and logged a minimum of twenty (25) hours as UAS pilot with the 

make and model of UAS to be utilized for operations under the exemption and three takeoffs and 

landings in the preceding 90 days.

2. The PIC must have successfully completed the qualification process as required by the petitioner, to 

include a knowledge and skill test.

B. 14 CFR § 91.103: Preflight Action Covert Aerial Photography LLC requests an exemption from the 

preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which 

aircraftmay operate:

The Petitioner shall, before beginning a flight, become familiar with all available information 

concerning that flight.

a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, battery 

charge levels alternatives available if the planned flight cannot be completed, and any known traffic 

delays of which the pilot in command has been advised by ATC;

b) For every flight the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff

and landing distance data is required, the takeoff and landing distance data contained therein; 

and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of

airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Equivalent Level of Safety

Covert Aerial Photography LLC will not operate sUAS’s under IFR conditions, or when the ceilings 

are below 1000 feet and the visibility is below 3 statute miles.

The PIC along with the person having operational control must assure that the weather will be adequate

to complete the mission in VFR condition. Prior to commercial operations the intended sUAS will be 

test flown at gross weight to test performance limitations prior to conducting UAS operations.
C. 14 CFR 91.113: Right-of-Way Rules

Covert Aerial Photography LLC requests an exemption from 14 CFR 91.113 Right-of-way rules, 

requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a 

rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and 

may not pass over, under, or ahead of it unless well clear. Covert Aerial Photography LLC will operate 

small pilot-less UAS’s and cannot comply with these rules as they have been written.

Equivalent Level of Safety

Covert Aerial Photography LLC will operate sUAS’s at or below an altitude of 400 feetAGL, well 

below the normal operating altitude of other aircraft. Covert Aerial Photography LLC specifies that a 

Pilot in Command with experience will perform each mission and have knowledge of the avoid rules. 

It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever and 

aircraft comes into the vicinity creating a potential threat or safety concern. Operations will not 

recommence until the potential threat is clear or safety concern has been resolved.

D. 14 CFR. § 91.119: Minimum Safe Altitudes

Covert Aerial Photography LLC requests an exemption from the minimum safe altitude requirements 

of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate:

• Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an 

altitude of 1,000 feet above the highest obstacle within a horizontal

radius of 2,000 feet of the aircraft.

• Over other than congested areas at an altitude of 500 feet above the surface, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can 

be operated "without hazard to persons or property on the surface," provided that "each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by 

the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet AGL.

Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral distance of 

at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not 

associated with the operation.

Equivalent Level of Safety

Compared to flight of normal aircraft, Covert Aerial Photography LLC’s multi-rotor aircraft weigh less 

than 55 pounds, and given the lack of flammable fuel, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft. An equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. As 

set forth in the Operations Manual, the sUAS will be operated in a safe and uncongested area, where 

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

the advance notice to the property owners and participants, all affected individuals will be well aware 

of the planned flight operations. Furthermore, by operating at such lower altitudes, the sUAS will not 

interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful

safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes 

and closer operating environments.

E. 14 C.F.R. § 91.121: Altimeter Settings

Covert Aerial Photography LLC seeks an exemption from 14 CFR 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set 

to the elevation of the departure airport or barometric pressure. An exemption is required because the 

sUAS does not have a barometric altimeter, but rather a GPS altitude read out.
Equivalent Level of Safety

An equivalent level of safety will be achieved by following these procedures: 1. Covert Aerial 

Photography LLC will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. 2. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's

height, thus ensuring operation at safe altitudes.

F. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Covert Aerial Photography LLC requests an exemption from 14 CFR § 91.151(a)'s fuel requirements 

for flight in VFR conditions. Section 91.151 states:

a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

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

assuming normal cruising speed –

(1) During the day, to fly after that for at least 25 minutes; or

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

The batteries powering Covert Aerial Photography LLC’s UAS’s provide approximately 10-25 minutes 

of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, sUAS flights could 

not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its 

proposed operations within a predetermined area, a safety margin based on a reserve amount of battery 

life is needed. Covert Aerial Photography LLC will not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be conducted on-site without 

significant transit time by the sUAS. All flights will be planned to terminate with no less than 30% 

reserve battery power still available. This restriction would be more than adequate to return the sUAS 

safely to its planned landing zone from anywhere in its confined area of operation even in the event of 

an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not 

include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the

small UAS, and the proximity of the flight operation to the landing zone. Moreover, operation will be 

limited to controlled areas where only people and property owners, or official representatives will be 

allowed.

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Covert Aerial Photography LLC also seeks an exemption from the maintenance inspection 

requirements contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 

91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections...have discrepancies repaired

as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 

and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not 

have.

Equivalent Level of Safety

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

in accordance with the DJI User’s Manuals. The operator will ensure that the sUAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 

The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. If mechanical issues arise, the sUAS's size

and carrying capacity, and the fact that flight operations will only take place in pre-designated areas for 

limited periods of time during daylight hours, creates less risk than that associated with conventional 

rotorcraft performing the same operation.

PUBLIC INTEREST

Granting Covert Aerial Photography LLC an exemption furthers the public interest. National policy set 
by Congress favors early integration of UAS into the national airspace in controlled, safe working 

environments such as those propose in this petition. Covert Aerial Photography LLC would like to help

facilitate safe integration of sUAS’s into mainstream USA in the following areas:

• Real Estate

The sUAS can be used in all areas of real estate, including agricultural, vacant land, commercial, 

residential and industrial properties. Using a sUAS, real estate professionals can create promotional 

videos, photos and unique shots that normal camera aspects cannot capture. The remote platform is 

great for new planning, zoning and large developments. Simple and easy-to-use video and photos allow

for multiple height pictures and elevation views.

• Movies and Videography

Whether the shot requires unique views and expansive panning or extreme altitude with radical views, 

the UAS is designed to hold up under demanding conditions. Because of the autopilot feature with perdesignated mission management and R/C control interrupt, the pilot and camera operator can easily 

create the ultimate shot with HD video or HD still photos. When working close in on a closed set the 

hazards to the actors are greatly reduced due to the size of the sUAS.

 Privacy

Covert Aerial Photography LLC knows that many individual have concerns about privacy from the 

operations of sUAS’s. Covert Aerial Photography LLC has created a privacy notice that informs 

residents, commercial property owners, churches, schools, and governmental organizations of our 

intent to conduct commercial drone operations in proximity to their property.

Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

Covert Aerial Photography LLC seeks an exemption from the following rules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91. 103; 14 CFR 91.113; 14 CFR 91.119; 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)(2); 14 CFR 91.417(a) and (b).

Approval of this exemption request allows Covert Aerial Photography LLC to conduct commercial 

operations with small and lightweight unmanned aerial systems. Covert Aerial Photography LLC’s 

vision is to enhance safety of sUAS operations in the NAS while reducing risk to the general public and

property owners.

The Blade Chroma sUAS’s, weighing less than 55 pounds and powered by batteries, eliminates

virtually all of the risk given the reduced mass and lack of combustible fuel carried on board. The 

sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers

or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The 

operation of this small UAS will provide an equivalent level of safety, supporting the grant of the 

exemptions requested herein, including exempting the applicant form the requirements of several 

regulations and allowing commercial operations. These lightweight sUAS's operate at slow speeds,

close to the ground and in a safe and uncongested environment. As a result, they are far safer than 

conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition for 

Exemption, please contact the undersigned.

Anthony Covert, Owner/Petitioner Covert Aerial Photography LLC

Business phone: (406) 548-4507

Email: montana455@msn.com