Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

March 30, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and 

(5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Intelligent Imagery, LLC, an operator of Small Unmanned Aircraft (UA) hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UA, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown: 

o DJI Phantom 1,

o DJI Phantom 2,

o DJI Phantom 3,

o DJI S900,

o DJI Inspire.

 The operations will be for:

o Aerial filming and inspections (previously granted under Exemption # 11221 for 

MicroCopter Professional Services, Inc.) We understand aerial filming to include real 

estate photography.

o Mapping (Exemption # 11213 for Aeryon Labs, Inc.), 

o Performing market research (Exemption # 11213 for Aeryon Labs, Inc.),
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o Aerial data collection1(Exemption # 11213 for Aeryon Labs, Inc.),

 We have a commercial pilot who will operate the drone. 

 We already agree to all the restrictions listed in Exemption # 11221 so an examiner can quickly 

copy-paste the granted exemption.

Intelligent Imagery, LLC requests that the publication and comment procedures be waived in 

accordance with 14 C.F.R. § 11.87 which states:

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my 

petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if 

you present or we find good cause why we should not delay action on your petition. The factors 

we consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, Intelligent Imagery, LLC has good cause to request the 

FAA to waive the comment period and not delay action on the petition because:

(a) Intelligent Imagery, LLC would not set any precedent. Intelligent Imagery, LLC agrees to the 

almost SAME exact limitations as Exemption # 11221.

(b) Intelligent Imagery, LLC agrees to the almost SAME exact limitations as Exemption # 11221, 

except we would like to add the Phantom 2 base model which has been granted in other 

exemptions and the Phantom 3 base model.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and 

Intelligent Imagery, LLC. The public, as well as the FAA, would be better served by the FAA 

quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include 

imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical 

measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. From Exemption 

# 11213.
3

inspectors to dedicate their time and attention to much higher priorities. Moreover, Intelligent 

Imagery, LLC is eagerly seeking to start commercial operations and is adversely affected by the 

above listed regulations.

(d) The petition has been filed in a timely manner.

Petitioner’s contact info:

Intelligent Imagery, LLC 

Attn: Brent Dillon

Phone: 561-350-8945

Email: ebrentdillion@gmail.com

Address: 8129 Emerald Winds Circle, Boynton Beach, FL 33473

Rupprecht Law, P.A.

Attn: Jonathan Rupprecht

Phone: 561-222-6979

Email: jon@jrupprechtlaw.com

Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401

Regulations from which the exemption is requested:

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform 

Act. In making this determination, the Secretary is required to determine which types of UA do not 
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create a hazard to users of the NAS or the public or pose a threat to national security in light of the 

following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS).2

Lastly, 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).3

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 UAS’s, 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(b).

OPERATING DOCUMENTS

Intelligent Imagery, LLC will operate only within the limitations below and also under the DJI 

Phantom 1 User’s Manual, the DJI Phantom 2 User’s Manual, DJI Phantom 3 User’s Manual, the DJI 

Inspire User’s Manual, and the DJI S900 User’s Manual.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies 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.

 

2

 Reform Act § 333(a).

3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined 

that the conditions set forth herein do not fulfill the statutory requirements for approval.
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These limitations and conditions, almost identical to Exemption # 11221. Intelligent Imagery, 

LLC agrees to be bound when conducting commercial UA operations. Additions will be underlined and 

in bold. Deletions will be striked-through. The list of limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the Tarot T-15 

(octocopter), Tarot 960 and Tarot 690 (hexacopters) DJI Phantom 1, 2, and 3; DJI 

Inspire; and DJI S900 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft 

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. 

driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the 

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. Electronic messaging or 

texting is not permitted during flight operations. The PIC must be designated before the 
6

flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations 

in accordance with the conditions and limitations stated in this grant of exemption, are 

hereinafter referred to as the operating documents. The operating documents must be 

accessible during UAS operations and made available to the Administrator upon request. 

If a discrepancy exists between the conditions and limitations in this exemption and the 

procedures outlined in the operating documents, the conditions and limitations herein 

take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator or any law enforcement official upon 

request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to this grant of exemption. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, 

then the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates 

or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such a 

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation.
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10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS 

is in a condition for safe flight. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals 

a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to 

be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, 

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft 

in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification 

flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). 

Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, 

and experience-building) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are permitted 

under the terms of this exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experience-building 

flights, all persons not essential for flight operations are considered nonparticipants, and 
8

the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA published 

aeronautical chart, unless a letter of agreement with that airport’s management is obtained 

or otherwise permitted by a COA issued to the exemption holder. The letter of agreement 

with the airport management must be made available to the Administrator or any law 

enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to 

predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the attached COA.
9

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities 

at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must 

ensure that nonparticipating persons remain under such protection. If a situation 

arises where nonparticipating persons leave such protection and are within 500 

feet of the UA, flight operations must cease immediately in a manner ensuring the 

safety of nonparticipating persons; and,

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it 

does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons 

under this exemption.
10

27. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative.

Permission from property owner/controller or authorized representative will be obtained 

for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

If this exemption closed-set motion picture and television filming and production, the following 

additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as 

documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption 

must submit a written Plan of Activities to the local Flight Standards District Office 

(FSDO) with jurisdiction over the area of proposed filming. The 3-day notification may 

be waived with the concurrence of the FSDO. The plan of activities must include at least 

the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation

of the UAS;

d. Make, model, and serial or N-Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
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f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city,

town, county, and/or state over which filming will be conducted and the altitudes

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons

consenting to be involved and necessary for the filming production, as specified in the

exemption holder’s MPTOM.

STATUTORY CRITERIA PROVIDED IN SECTION 333 

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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate and under the restrictions 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.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, 

there is no ability or place to carry certification and registration documents or to display them on the 

unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UA will have immediate access to them. Given the size 

of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a 

font as possible.
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14 C.F.R. § 61.23(a) & (c): MEDICAL CERTIFICATES

Exemption # 11221, granted to MicroCopter Professional Services, Inc, provided that a U.S. 

driver’s license could be used in lieu of the medical certificate. 

14 C.F.R. § 61.101(E)(4) & (5): RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS & 14 C.F.R.

§ 61.315(A): SPORT PILOT LIMITATIONS.

Exemption # 11221, granted to MicroCopter Professional Services, Inc, provided that the 

“PIC must hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate.” Likewise, Intelligent Imagery, LLC is also performing commercial UAS work and is 

asking for the same restrictions which have been previously deemed to provide an equivalent level 

of safety as the burdensome regulations. 

14 C.F.R. § 61.113 (a) & (b): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN 

COMMAND.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAS 

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 a private pilot's 

license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on 

board. 

14 C.F.R. § 91.7(a): CIVIL AIRCRAFT AIRWORTHINESS.

Exemption # 11224 granted to NextEra Energy, Inc. determined that the DJI Phantom 2 

Vision +, DJI Inspire, and DJI S900 were previously determined in other exemptions to not be 

required to have an airworthiness certificate based upon the authority of Section 333 of the FAA 

Modernization and Reform Act of 2012. Other exemptions have also determined that the Phantom 2 

platform does not need an airworthiness certificate. See Exemption # 11220 for Aerial Production 

Services, Inc. The Phantom 3 platform is similar to the Phantom 2 and should not need an 

airworthiness certificate. 
13

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. 

Because of 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 

addition, the low-altitude operations of the UAS 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 UAS 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 operating manuals.

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 UAS provides approximately 40 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 C.F.R. § 91.151, UAS flights would be limited to approximately 

10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its 

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

conditions is reasonable.

Applicant believes that an equivalent level of safety can be achieved by limiting the PIC from 

beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal 
14

cruising speed) “there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the manufacturer 

if greater.” Exemption # 11224, at page 9.

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. An equivalent level of safety will be achieved because these 

small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

CONCLUSION:

The operation of Intelligent Imagery, LLC using a small UAS, weighing less than 55 lbs., conducted 

under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein. 

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at 

(561)222-6979 or at my email jon@jrupprechtlaw.com. 

Sincerely yours,

_____________________

Jonathan Rupprecht, Esq.