George Tio

3012 Lexham Rd.

Louisville, KY 40220

4/29/2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

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. Parts 21; 45.23(b); 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 

(b)(2); 91.109(a); 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319 (a)(1); 91.405 (a); 91.407 (a)(1); 

91.409 (a)(2) and 91.417 (a) & (b)

Dear Sir or Madam,

I, George Tio, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the 

procedures contained within 14 C.F.R. 11, to request that I, George Tio, an owner and operator 

of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed 

below so that I, George Tio, may operate my small ultra light weight unmanned aircraft system 

(“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, George Tio, am an experienced RC multi-copter enthusiast, in the state 

of Kentucky. I intend to use my AeroSky H100 and DJI F550 equipped with a GoPro camera for 

aerial photography/videography/cinematography. My small lightweight UAS is a cost effective 

and potentially safer option than utilizing the industry standard single engine plane or rotorcraft 

for aerial photography. If given the exemptions required to commercially fly a UAS, I will operate 

my UAS in a safe and effective manner while observing all guidelines set forth by the 

exemption. 

Granting my, George Tio’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but 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 commercial photography. Further I, George Tio, will conduct my operations in 

compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I, George Tio, respectfully request the grant of an exemption 

allowing me to operate ultra light weight, remote controlled UAS’s for commercial aerial 

photography/videography/cinematography.
George Tio  2

I. Contact Information:

George Tio

3012 Lexham Rd. 

Louisville, KY 40220

gearbrain@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations

From Which George Tio Requests Exemption 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. 61.133 (a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109(a)

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) and (b)

14 C.F.R. 91.319 (a)(1)

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)

III. The Extent of relief George Tio seeks and the Reason He Seeks Such

Relief:

I, George Tio, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-

334, seeking relief from any currently applicable FARs operating to prevent me, George Tio, 

contemplated commercial cinematic, academic and other flight operations within the national 

airspace system. 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. My, 

George Tio’s, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined 

in Section 331 and therefore the integration of my ultra light weight UAS is expressly 

contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior to the 

time period by which the Reform Act requires the FAA to promulgate rules governing such craft. 

The Reform Act guides the Secretary in determining the types of UAS's that may operate safely 

in our national airspace system. Considerations include: The weight, size, speed and

overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily 

populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for me, George Tio. My UAS utilizes four (4) 

counter-rotating propellers for balance, control and stability. My UAS is equipped with GPS and 

auto return safety technology. Weighing less than five (5) pounds (far below the maximum

55 pound limit); including camera with gimbal.

I, George Tio, consider safety as foremost with each flight. My UAS is designed to hover in 

place via GPS and operate in less than a 20 knot wind. For safety, stability and fear of financial 

loss I will not fly in winds exceeding 10 KPH. Built in safety systems include a GPS mode that 
George Tio  3

allows my UAS to hover in place when radio controls are released. . When pilot communication 

is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near 

airports, Hospitals nor Police heliports, and do not operate near areas where general public is 

within fifty to one hundred (50-100) yards depending on location, conditions and weather. 

Utilizing battery power rather than combustible fuels, flights generally last between three (3) to 

fifteen (15) minutes, with an altitude under one hundred fifty (150) feet AGL. I, George Tio, will 

operate my UAS with a fully charged battery and will ensure there is enough power to return to 

the original starting destination with 2 minutes reserve on a battery as tested lasting 22 minutes.

IV. How George Tio’s Request Will Benefit the Public As A Whole:

Aerial videography is traditionally achieved using small single engine aircraft equipped with 

large cameras. In order to achieve a clear picture, the pilot is tasked with performing ground 

reference maneuvers at around 1000ft AGL. By utilizing a UAS for this function, pilots reduce 

the risk of damages to persons or property in the event of an in flight emergency. Congress has 

already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into 

the national airspace system, hence the passing of the Reform Act.

V. Reasons Why George Tio’s Exemption Will Not Adversely Affect Safety

Or How The Exemption Will Provide a Level of Safety At Least Equal To

Existing Rule:

I, George Tio, believe that by allowing this exemption, it will create the beginning framework for 

other UAS enthusiasts to operate their aircraft in a much more regulated and safer environment. 

By creating laws and regulations for commercial UAS use, it will legitimize the industry and 

create a clear path for safer aviation. Additionally, my UAS is equipped with fail safe 

programming that allows it to fly and return safely if the pilot were to become incapacitated, or 

the connection was lost.

VI. A Summary The FAA May Publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, 

weight and enclosed operational area of my, George Tio’s, UAS permits exemption from Part 21 

because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. My, George Tio’s current and projected UAS's meet or 

exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.
George Tio  4

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining safety/flight manual delineating areas 

of where safety can be defined. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 

and 32827.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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. UAS’s are remotely piloted aircraft and by design and 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. Additionally, in the absence of 

previous training requirements, George Tio is a seasoned UAS pilot having flown hobby grad 

UAS’s for a number of years without incident

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS

utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

me, George Tio.

14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My UAS are, by definition, unmanned. 

They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Further, two-inch lettering is difficult to place on such small aircraft with dimensions 

smaller that minimal lettering requirement. Regardless, I will mark its UASs in the largest 

possible lettering by placing the word “EXPERIMENTAL” on its fuselage as required by 14 

C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see 

the markings. The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113; 14 C.F.R. § 61.133: Private Pilot Privileges and Limitations; PIC; 

Commercial Pilot Privileges and Limitations:

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial

operations. Section 61.133(a) requires an individual with a commercial

pilot’s license to be pilot in command of an aircraft for compensation or hire. I, George Tio, can 

achieve an equivalent level of safety as achieved by current regulations because my UAS does 

not carry any pilots or passengers. The risks attended to the operation of my UAS is far less 

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, 

allowing me, George Tio, to operate my UAS meet and exceed current safety levels in relation 

to 14 C.F.R. §61.113 (a) & (b) and 14 C.F.R §61.133 (a) .

14 C.F.R. 91.119: Minimum Safe Altitudes.
George Tio  5

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at 

an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, George Tio, will 

however operate my UAS in safe areas away from public and traffic, providing a level of safety 

at least equivalent to or below those in relation to minimum safe altitudes. Given the size,

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will

be achieved.

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

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.” I 

George Tio will be operating a UAS utilizing battery power rather than combustible fuels, flights 

generally last between three (3) to fifteen (15) minutes, with an altitude under one hundred fifty 

(150) feet AGL. I, George Tio, will operate my UAS with a fully charged battery and will ensure 

there is enough power to return to the original starting destination with 2 minutes reserve on a 

battery as tested lasting 22 minutes.

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

Inspections.

Douglas Trudeau, Realtor®, Tucson AZ - Section 333 Exemption Petition

The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] 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.

. . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, George Tio’s, UAS.

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of my UAS permits exemption from Part 21 because my, George 

Tio’s, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both 

the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration 

of the weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the
George Tio  6

operation of an aircraft without an airworthiness certificate. As no such certificate will be 

applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 

91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will 

be achieved by maintaining a manual. The FAA has previously issued exemptions to this

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

maintenance program that involves regular software updates and curative measures for any 

damaged hardware. Therefore, an equivalent level of safety will be achieved.

In summary, George Tio seeks an exemption from the following

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §§ 61.133 

(a); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.109(a); 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) and (b); 14 C.F.R. § 91.319

(a)(1); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2) and, 14 

C.F.R. §§ 91.417 (a) & (b) to commercially operate my, George Tio's, small unmanned

vehicle/lightweight unmanned aircraft vehicle in thereby enhance safety. My UAS craft do not 

contain potentially

Thank you for your time and consideration in this matter.

Regards,

George Tio