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October 08, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Petition of Keith Holland 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, Keith Holland, 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 is in accordance with protocols outlined in this petition for exemption,

the enclosed, the DJI UAS manufacturer's operations and/or instructions manual, DJI

UAS User’s Manuals, DJI UAS Quick Start Guides, and any other requirements

established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by Keith Holland,

which uses the DJI Phantom 3

Professional, to conduct, real estate photography and videography, local promotional 

photography and

videography to promote tourism and business, Keith Holland’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 Keith Holland will be operated under controlled

VFR conditions at low altitude in airspace that is permitted in accordance with Keith Holland’s 

approved Certificate of Authorization (COA). Finally, the FAA

ATC will approve the airspace in which the sUAS will operate in advance.

Keith Holland respectfully submits this request for an exemption

because it wishes to operate sUASs. The operations Keith Holland will

be conducting will be in lieu of comparatively hazardous operations now conducted by

others using fixed wing and rotary conventional aircraft. The FAA can have confidence

that the operations will be conducted at an equivalent level or greater level of safety

than those providers. 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.”

For your convenience, Keith Holland has organized this Exemption

request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

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III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest
VII. Privacy

VIII.Federal Registry Summary IX. Conclusion

I. Petitioner's Description:

Keith Holland is located in the City of Costa Mesa, CA

is a individual that wishes to provide sUAS support to real estate

photography and videography, local promotional photography/videography, and surveying and 

assist coastal jurisdictions in monitoring for

the presence of large oceanic predatory animals in an effort to notify beachgoers of their

presence. Keith Holland intends to operate in a compliant and safe

environment. Keith Holland plans on providing a wide range of

services as the sUAS market expands.

Keith Holland’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.

The contact information for Petitioners is as follows: Keith Holland

135 Rochester Street

Apartment D2

Costa Mesa, CA 92627

C. 909-731-8430

email: keithmholland@gmail.com

II. 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

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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.

III. 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 Keith Holland 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. (3) Provides less noise disturbance 

to the public and wildlife to that of manned rotor craft

Keith Holland 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. I welcome 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.

Keith Holland will use UASs that are multirotor, 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. Keith Holland’s UAS will operate in line of sight and during daylight hours. 

Keith Holland will

operate at or below 400 feet AGL. All required permissions and permits would be

obtained from territorial, state, county or city jurisdictions, Including local law 

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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 Keith Holland’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 rulemaking.

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.

IV. Description of Proposed Operations

To assist the FAA in its safety assessment of Keith Holland’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 Keith Holland.

8. Keith Holland 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

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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. Keith Holland’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 Keith Holland’s UAS,

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

tested by the petitioners.

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, Keith Holland

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 pre-determined 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. Keith Holland, will assure no individuals’ privacy is violated.

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

other than G.

V. 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: Preflight 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 in

Command

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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. Keith Holland

respectfully proposes that the FAA should take into account the

characteristics and procedures of the particular UAS.

Keith Holland proposes that the actual operation of the DJI sUAS

does not require the Pilot to hold a private pilot certificate. Keith Holland proposes the following 

requirements:

• Pilot in Command Requirements:

1. The PIC must have accumulated and logged a minimum of twenty (20) 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

Keith Holland requests an exemption from the preflight actions

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

may 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.

Keith Holland will not operate sUAS’s under IFR conditions, or when

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

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Equivalent Level of Safety

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

will be adequate to complete the mission in VFR condition. Keith Holland operates in

Southern California where the density altitude rarely exceeds 500 feet, UAS

performance should not be effected. Prior to commercial operations the intended sUAS

will be test flown at gross weight to test performance limitations prior to conducting

sUAS operations.

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

Keith Holland 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.

Keith Holland will operate small pilotless UAS’s and cannot comply

with these rules as they have been written

Equivalent Level of Safety

Keith Holland will operate sUAS’s at or below an altitude of 400 feet

AGL, well below the normal operating altitude of other aircraft. Keith Holland 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

Keith Holland 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 

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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, Keith Holland’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 uncontested 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

Keith Holland 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. Keith Holland

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

Keith Holland 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

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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 Keith Holland’s UAS’s provide approximately

15-23 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.

Keith Holland 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

Keith Holland 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

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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. Additionally the petitioner is currently a DJI retail dealer

and has a direct line of communication with the manufacturer and their representatives.

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.

VI. PUBLIC INTEREST

Granting Keith Holland 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.

Keith Holland 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 pre-designed 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.

VII. Privacy

Keith Holland knows that many individual have concerns about

privacy from the operations of sUAS’s. Keith Holland 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.

VIII. 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:

Keith Holland 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).

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Approval of this exemption request allows Keith Holland to conduct commercial operations with 

small and lightweight unmanned aerial systems. Keith Holland’s vision is to enhance safety of 

sUAS operations in the NAS while reducing risk to the general public and property owners.

The DJI 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.

Owner/Petitioner Keith Holland

Cell Phone: 909-731-8430

Email: keithmholland@gmail.com