Stanley Burton

CEO

Nation Aerial MMS, Inc. 

42050 Humber Dr. 

Temecula, Ca. 92591 

(949)295-2718 

June 17, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re:

Exemption Request; Section 333 of the FAA Modernization & Reform 

Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 

45.23(b);14 CFR Part 21;14 CFR61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 

91.103(b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.405 

(a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

To: Secretary of Transportation

Nation Aerial MMS dba hereby petitions the Secretary of Transportation 

and Federal Aviation Administration ("FAA") for exemption to the above 

referenced and below more fully described Federal Aviation 

Regulations, ("FARs") that currently may or may not apply to the 

recreational/ business operations of model aircraft including small 

unmanned aerial vehicles/systems ("sUAS").

Nation Aerial MMS is aware the FAA has granted similar exemptions 

for aerial photography and is on the verge of granting similar 

exemptions.
2. Petition for Exemption

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

2012 ("FMRA") and 14 C.F.R. Part 11, Nation Aerial MMS developer 

and operator of small unmanned aerial vehicles ("sUAS ") equipped to 

conduct aerial photography/Inspection/ included but not limited to the 

following;

1. Safety & Education training RC UAS flight simulators

2. Television productions, music video productions, advertising and 

news gathering.

3. Marketing of residential and commercial real estate

4. Inspection surveys i.e. agricultural land for farmers, roofing, oil & gas 

companies, shoreline protection for ecological concerns

5. Assist local law enforcement in emergency matters, over land, waterways, and oceans, disaster relief, medical supplies delivery and missing 

persons.

6. State side virtual tours

As described more fully below, the requested exemption would permit 

the operation of sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined; and 3) controlled as to access.

This exemption will also provide safety enhancements to the already 

safe operations within the aerial photography industry presently using 

conventional aircraft and small, unmanned and relatively inexpensive 

sUAS.

Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities 

to " establish requirements for the safe operation of such aircraft systems 

in the national airspace system." Section 333(c) of the FMRA.

3. Nation Aerial MMS

Stanley Burton

42050 Humber Dr., Temecula, Ca. 92591 
stanleyb1972@gmail.com, 

(949) 295-2718 

4. Regulations Petitioner Petitions for Exemption, If Such Regulations 

Apply to sUAS.

14 CFR Part 21

14 C.F.R. 91.109

14 CFR 91.405 (a)

14 C.F.R. 45.23(b)

14 C.F. R. 91.119

14 CFR 407 (a) (1)

14 CFR 61.113 (a) & (b) 14 C.F.R. 91.121

14 CFR 409 (a) (2)

14 C.F.R. 91.7 (a)

14 CFR 91.151 (a)

14 CFR 417 (a) & (b) 14 CFR 91.9 (b) (2)

14 CFR 91.203 (a) & (b) 14 C.F.R. 91.103

This exemption application is expressly submitted to fulfill the goals 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 FMRA. In making this determination, the 

Secretary is required to determine which types of sUAVS/UAS do not 

create a hazard to users of the NAS, or the public, or pose a threat to 

national security in light of the following:

A. The s sUAS s size, weight, speed, and operational capability;

B. Operation of the s sUAS in close proximity to airports and populated 

areas; and

C. Operation of the s sUAS within visual line of sight of the operator. 

FMRA § 333 (a)
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." /d. 

§333(c) (emphasis added).

Nation Aerial MMS interprets this provision to place the duty on the 

Secretary/FAA Administrator to not only process applications for 

exemptions under section 333, but for the Secretary/Administrator to 

affirmatively craft conditions for the safe operation of the s sUAS, if it 

should be determined that the conditions set forth herein do not fulfill 

the statutory requirements for approval.

The Federal Aviation Act expressly grants the Secretary/FAA 

Administrator the authority to issue exemptions. This statutory authority, 

by its terms, includes exempting civil aircraft, as the term is defined 

under §401 01 of the Act, which currently may or hereafter may include 

s sUAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

The Secretary/FAA 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 Secretary/FAA 

Administrator finds the exemption in the public interest. 49 U.S.C. 

§44701 (f) See also 49 USC §44711 (a); 49 USC §44704; 14 CFR 

§91.203 (a) (1).

Nation Aerial MMS sUAS are small multi-rotorcraft equipped with an 

on board NAZA computer stabilization controller and GPS, weighting 

55 lbs or less and most

typically less than 10 lbs., including camera/payload. They operate, 

under normal conditions, at speeds of 5-40 KIAS and at speed of no 

more than 50 KIAS and have the capability to hover and move in the 

vertical and horizontal plane independently/simultaneously.

They will operate in line of sight and will operate only within the areas 

described herein. Such operations will insure that the s sUAS will "not 
create a hazard to users of the NAS or the "public" as described in the 

FMRA §333(b).

Given the small size of the sUAS involved, and the limited environment 

within which they will operate, Nation Aerial MMS falls squarely within 

that zone of safety in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of sUAS to commence 

immediately.

Also, due to the size of the sUAS and the restricted areas in which the 

relevant sUAS will operate, approval of the application presents 

nonational security issue.

Given the clear direction in FMRA §333, the authority contained in the 

Federal Aviation Act, as amended, the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts 

(including reduced emissions associated with allowing sUAS for filming 

operations rather than full-sized aircraft, the grant of the requested 

exemptions is in the public interest.

Accordingly, Nation Aerial MMS respectfully requests that the FAA 

grant the requested exemption without delay.

5. Limitations and Conditions

Nation Aerial MMS proposes that the exemption requested herein be 

issued pursuant the limitations and conditions listed herein. These 

conditions/limitations provide for an even higher level of safety to 

operations under the current regulatory structure which apply to actual 

certificated aircraft because the proposed operations represent a safety 

enhancement to the already very safe sUAS filming operations 

conducted by recreational sUAS and conventional aircraft.

Nation Aerial MMS primary mission includes but are not limited to 

marketing of residential and commercial real estate, inspection/survey of 

agricultural land for Farmers, Shoreline protection for ecological 
concerns, television and news coverage, assist local law enforcement in 

emergency matters.

Nation Aerial MMS business locations shall be primarily in the US. These 

conditions to which Nation Aerial MMS agrees to be bound when 

conducting business/commercial operations under this FAA issued 

exemption are consistent with the administrators grant of exemption to 

the MPAA, include:

1. The sUAS weighs less than 55 pounds (25 Kg), including energy 

source(s) and equipment. Operations authorized by this grant of 

exemption are limited to the following aircraft: DJI Phantom quadcopter 

and 3DRobotics X-8m.

2. The sUAS will not be flown at a speed exceeding a ground speed of 

50 knots.

3. Flights will be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operator's manual. All altitudes reported to ATC must be in feet AGL.

4. The sUAS will be operated within visual line of sight (VLOS) of the 

Operator at all times. This will require the operator to be able to use 

human vision unaided by any device other than corrective lenses, as 

specified on the PIC's FAA-issued medical certificate.

5. All Nation Aerial MMS operations will utilize a visual observer (VO). 

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.

6. The operator's checklist is considered acceptable to the FAA, provided 

the additional Requirements identified in these conditions and 

limitations are added or amended. The operator's checklist and this grant 

of exemption must be maintained 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 checklists the conditions and limitations herein take precedence 
and must be followed. Otherwise, the operator will follow the 

procedures as outlined in its checklists.

The operator will update or revise its operator's checklists. It will be the 

operator's Responsibility to track such revisions and present updated and 

revised documents to the administrator upon request. The operator will 

present updated and revised

documents if Nation Aerial MMS petitions for extension or amendment. 

If the operator determines that any update or revision would affect the 

basis for which the FAA granted this exemption, then the operator must 

petition for amendment to their exemption. The FAA's sUAS Integration 

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

or revisions to the operator's manual.

7. Prior to each Nation Aerial MMS flight the PIC will inspect the sUAS 

to ensure it is in a condition for safe flight. If the inspection reveals a 

condition that affects the safe operation of the sUAS, the aircraft will be 

prohibited from operating until the necessary maintenance has been 

performed and the sUAS is found to be in a condition for safe flight. The 

Ground Control Station, will be utilized, and included in the preflight 

inspection. All maintenance and alterations will be properly documented 

in the aircraft records.

8. Any Nation Aerial MMS sUAS that has undergone maintenance or 

alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will undergo a functional test 

flight in accordance with the operator's manual. The PIC will conduct 

the functional test flight and will make an entry in the sUAS aircraft 

records of the flight. The requirements and procedures for a functional 

test flight and aircraft record entry must be added to the operator's 

manual.

9. Nation Aerial MMS operators will follow the manufacturer's sUAS 

aircraft/component, maintenance, overhaul, replacement, inspection, and 

life limit requirements. When unavailable, aircraft maintenance/ 

component/overhaul, replacement, and inspection/maintenance 
requirements will be established and identified in the operator's manual. 

At a minimum, the following must be included in the operator's manual:

a. Actuators I Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The operator in command (OIC) will own a certificate for the 

satisfactory completion of the ground-flight school portion.

11. Prior to Nation Aerial MMS operations conducted for the purpose of 

motion picture filming (or similar operations), the OIC will have 

accumulated and logged, in a manner consistent with 14 CFR § 61.51 

(b), a minimum of 25 hours of total time as a sUAS rotorcraft pilot and 

at least ten hours logged as a sUAS pilot with a similar sUAS type 

(single blade or multi rotor). Prior documented flight experience that 

was obtained in compliance with applicable regulations may satisfy this 

requirement. Training, proficiency, and experience-building flights can 

also be conducted under this grant of exemption to accomplish the 

required flight cycles and flight time. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations 

will be considered non-participants, and the PIC will operate the sUAS 

with appropriate distance from non-participants in accordance with 14 

CFR § 91.119. Prior to operations conducted for the purpose of motion 

picture filming (or similar operations), the OIC must have accumulated 

and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum 

of five hours as sUAS pilot operating the make and model of sUAS to be 

utilized for operations under the exemption and three take-offs and three 

landings in the preceding 90 days. Training, proficiency, experience-
building, and take-off and landing currency flights will be conducted 

under this grant of exemption to accomplish the required flight time and 

90 day currency. During training, proficiency, experience- building, and 

take-off and landing currency flights all persons not essential for flight 

operations are considered non-participants, and the PIC must operate the 

UA with appropriate distance from non-participants in accordance with 

14 CFR § 91.119.

12. Prior to Nation Aerial MMS operations conducted for the purpose of 

motion picture filming (or similar operations), a flight demonstration, 

administered by an operator-approved and -qualified pilot must be 

successfully completed and documented.

13. The sUAS will not be operated directly over any person, except 

authorized and consenting production personnel, below an altitude that 

is hazardous to persons or property on the surface in the event of a sUAS 

failure or emergency.

14. Regarding the distance from participating persons, the operator's 

manual has safety mitigations for authorized and consenting production 

personnel. At all times, these persons will be essential to the closed-set 

film operations. Because these procedures

are specific to participating persons, no further FSDO or Aviation Safety 

Inspector (ASI) approval is necessary for reductions to the distances 

specified in the petitioner's manuals. This is consistent with the manned 

aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a 

Certificate of Waiver for Motion Picture and Television Filming.

15. The sUAS will not be operated directly over any person, except 

authorized and consenting production personnel, below an altitude that 

is hazardous to persons or property on the surface in the event of a sUAS 

failure or emergency.

16. Regarding distance from non-participating persons, Nation Aerial 

MMS operators will ensure that no persons are allowed within 500 feet 

of the area except those consenting to be involved and necessary for the 

filming production. This provision may be reduced to no less than 200 
feet if it would not adversely affect safety and the Administrator has 

approved it. For example, an equivalent level of safety may be 

determined by an aviation safety inspector's evaluation of the filming 

production area to note terrain features, obstructions, buildings, safety 

barriers, etc. Such barriers may protect non-participating persons 

(observers, the public, news media, etc.) from debris in the event of an

accident. This is also consistent with the same FAA Order 8900.1, V3, 

C8, S1.

17 .If the sUAS loses communications or loses its GPS signal, the sUAS 

will return to a pre-determined GPS location within the security 

perimeter and land or be recovered.

18. The sUAS OIC will abort the flight in the event of unpredicted 

obstacles or emergencies. The Operator will carry/use appropriate LIPO 

battery protective bags and fire extinguishing equipment.

19. Each sUAS operation will be completed within 30 minutes flight 

time or with 25% battery power remaining, whichever occurs first.

20.1n addition to the conditions and limitations proposed by the 

operator, the FAA has determined that any operations conducted under 

this grant of exemption must be done pursuant to the following 

conditions and limitations:

21.Nation Aerial MMS operators will obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (GOA) prior to 

conducting any operations under this grant of exemption. This GOA will 

also require the operator to request a Notice to Airman (NOT AM) not 

more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

22. All Nation Aerial MMS aircraft operated in accordance with this 

exemption will 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 will be as large as 

practicable.
23. The OIC will develop procedures to document and maintain a record 

of the sUAS maintenance, preventative maintenance, alterations, status 

of replacement/overhaul component parts, and the total time in service 

of the sUAS. These procedures must be added to the operator's manual/

checklists.

24. Each sUAS operated under this exemption will comply with all 

manufacturer Safety Bulletins.

25. The OIC will develop sUAS technician qualification criteria. These 

criteria will be added to the operator's manual/Checklists.

26. The preflight inspection section in the operator's checklists manual 

will be amended to include the following requirement: The preflight 

inspection will account for all discrepancies, i.e. inoperable components, 

items, or equipment, not covered in the relevant preflight inspection 

sections of the operator's manual.

27. Before conducting Nation Aerial MMS operations, the radio 

frequency spectrum used for operation and control of the sUAS will 

comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

28. At least three days before scheduled filming, the OIC of the sUAS 

affected by this exemption will submit a written Plan of Activities to the 

local 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 will include at least the following:

a. Dates and times for all flights

b. Name and phone number of the operator for the sUAS filming 

production conducted under this grant of exemption

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

operation of the sUAS

d. Make, model, and serial or N-number of sUAS to be used

e. Name and certificate number of sUAS PICs involved in the filming 

production event f. A statement that the Nation Aerial MMS 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

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

29. The documents required under 14 CFR § 91.9 and § 91.203 will be 

available to the OIC at the ground control station of the sUAS any time 

the aircraft is operating. These documents will be made available to the 

administrator or any law enforcement official upon request.

30. The sUAS will remain clear and yield the right of way to all other 

manned operations and activities at all times (including, but not limited 

to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.).

31. Nation Aerial MMS sUAS operations may be conducted during 

night, as defined in 14 CFR § 1.1. All operations will be conducted 

under visual meteorological conditions (VMC). Flights under special 

visual flight rules (SVFR) will not be permitted..

32. The sUAS will not be operated by the OIC from any moving device 

or vehicle.

33. The sUAS will not be operated less than 200 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC.

34.The sUAS will not operate in Class B, C, or D airspace without 

written approval from the FAA. The sUAS will not operate within 5 

nautical miles of the geographic center of a non-towered airport as 

denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport's management is obtained, and the operation 

is conducted in accordance with a NOT AM as required by the operator's 
GOA The letter of agreement with the airport management will be made 

available to the Administrator upon request.

35.Any 1) incident, 2) accident, or 3) flight operation that transgresses 

the lateral or vertical boundaries of the operational area as defined by the 

applicable GOA will be reported to the Federal Aviation Administration's 

(FAA) UAS Integration Office (AFS- 80) within 24 hours. Accidents 

will be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov. Further 

flight operations will not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume 

operations is provided. Unless otherwise specified in this grant of 

exemption, the SUAV, and operator must comply with all applicable 

parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

6.

Description of Regulations Which May Apply From Which Petitioner 

Requests Exception 14 C.F.R. Part 21, Subpart H: Airworthiness 

Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by 

FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the sUAS to be utilized by the Petitioner, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the FMRA. The Federal Aviation 

Act (49 U.S.C.§44701 (f)) and Section 333 of the FMRA both authorize 

the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular 

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

UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions 

proposed.
The sUAS to be operated hereunder is less than 55 lbs. fully loaded, is 

by definition unmanned and carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates 

exclusively within a limited flight area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored 

by the PIC/Operator and will also remain within the requirements of, 

and in compliance with, local public safety requirements. These safety 

enhancements, which already apply to civil aircraft provide a greater 

degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by 

the UAS due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires; When marks include only the Roman capital 

letter "N" and the registration number is displayed on limited, restricted 

or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less 

than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as 

applicable. Even though the sUAS will have no airworthiness certificate, 

an exemption may be needed as the sUAS will have no entrance to the 

cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the sUAS, two-inch lettering will be 

impossible. The word "Experimental" will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the sUAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAS 

will see the identification of the sUAS as "Experimental." The FAA has 

issued the following exemptions to this regulation to Exemptions Nos. 

10700, 8738, 10167 and 10167 A.
14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial 

operations. Because the sUAS is unmanned and 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 FAA ground school rather than a commercial pilot's license to 

operate this small sUAS Unlike a conventional aircraft that carries the 

pilot and passengers, the sUAS is remotely controlled with no living 

thing on board. The area of operation is controlled and restricted, and all 

flights are planned and coordinated in advance. The level of safety 

provided by the requirements included herein exceed that provided by a 

single individual holding a commercial pilot's certificate operating a 

conventional aircraft. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested with a private pilot as the 

PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 

(a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless 

it is in airworthy condition. As there will be no airworthiness certificate 

issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft and the requirements contained herein for the use of 

safety check lists prior to each flight, an equivalent level of safety will 

be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered 

civil aircraft ...
(2) For which an Airplane or Rotorcraft Flight Manual is not required by 

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to 

carry such a flight manual on the aircraft, not only because there is no 

pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft.

The equivalent level of safety will be maintained by keeping the sUAS 

operation manual and appropriate checklists at the ground control point 

where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 

10602, 32827, and 10700.

14 C.F.R. § 91.103: Pre-flight action

This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft an exemption will be 

needed. An equivalent level of safety will be provided as set forth 

hereinabove. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight using appropriate checklists.

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

Section 91.103 provides that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use 

of a radio transmitter that communicates with the aircraft via a receiver 

in the sUAS. The FAA has approved
exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. See 

Exemption Nos.5778K & 9862A.

The equivalent level of safety provided by the fact that neither a pilot 

nor passengers will be carried in the aircraft and by the size and speed of 

the aircraft.

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. This exemption is for a sUAS and the exemption requests 

authority to operate at altitudes up to 200 AGL underneath navigable 

airspace and in class E and G airspace maintaining safe separation from 

actual aircraft, an exemption may be needed to allow such operations.

The equivalent level of safety will be achieved given the size, weight, 

speed of the sUAS as well as the location where it is operated. No flight 

will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and 

participants in the filming activity, attempts will be made to contact all 

affected individuals regarding the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weighting far 

more than the maximum 551bs. proposed herein, and the lack of 

flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft.

In addition, the low-altitude operations of the sUAS will ensure 

separation between these sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set " ... to the 

elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be 

needed.

An equivalent level of safety will be achieved by the operator, pursuant 

to the Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

The requirements are that altitude information be provided to the sUAS 

pilot via digitally encoded telemetric data feed, which downlinks from 

the aircraft to a ground-based on- screen display. This altitude 

information will be generated by equipment installed on board the 

aircraft, using GPS triangulation, or digitally encoded barometric 

altimeter, or radio altimeter, or any combination thereof. Prior to each 

flight, a zero altitude initiation point will be established and confirmed 

for accuracy by the pilot.

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an 

airplane under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed- (1) During the 

day, to fly after that for at least 30 minutes; or (2) At night, to fly after 

that for at least 45 minutes."

The battery powering the sUAS provides approximately between 40 

minutes of powered flight. To meet the 30 minute reserve requirement in 

14 CFR §91.151, sUAV flights would be limited to approximately 10 

minutes in length. Given the limitations on the sUAS proposed flight 

area and the location of its proposed operations within predetermined 

area, a longer time frame for flight in daylight or night VFR conditions 

is reasonable.
Petitioner believes that an exemption from 14 CFR §91.151 (a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the sUAS in controlled area where only people 

and property owners or official representatives who have signed waivers 

will be allowed, with less than 30 minutes of flight operation time, does 

not give rise to the type of risks that Section 91.151 (a) was intended to 

alleviate particularly given the size and speed of the sUAS. Additionally, 

limiting sUAS flights to 20 minutes would greatly reduce the utility for 

which the exemption will be granted.

Petitioner believes that an equivalent level of safety can be achieved by 

limiting flights

to 30 minutes or no less than 25% of battery power, whichever happens 

first. This restriction would be more than adequate to return the sUAS to 

its planned landing zone from anywhere within its limited operating 

area. Similar exemptions have been granted to other operations, 

including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate a civil aircraft 

unless it has within it the following:

(1) An appropriate and current airworthiness certificate ....

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and typically less 

than 20 lbs. And is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to 

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

documents at the ground control point where the pilot flying the sUAS 

will have immediate access to them, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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

Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have 

that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this 

chapter ... ," and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, and the requirements of pre-flight inspection 

required herein, these sections will not apply to the applicant. Routine 

and pre-flight maintenance will be accomplished by the operator. An 

equivalent level of safety will be achieved because these sUAS are very 

limited in size and will carry a very small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the 

sUAS can land immediately and given its small size poses very little risk 

to persona or property. 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. 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.

7. Publication Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that 

publication is needed:
Petitioner seeks an exemption from the following rules: 14 C.F.R. §21, 

subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 

91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and 

(b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 

(a) & (b) to operate commercially a sUAV vehicle (551bs or less) for 

Aerial Photography & Motion Picture television Operations.

Approval of exemptions allowing commercial operations of sUAS for 

Aerial Photography & Motion Picture television Operations for the 

following; Business Operations: over land, water-ways, and oceans; 

operation over/in non restricted National Parks, National Forests, flight 

in non-navigable airspace, using non-intrusive recording devices, 

operation in otherwise unrestricted US States/Territories will enhance 

safety by reducing risk.

Conventional film operations, using jet or piston power aircraft, operate 

at extremely low altitudes, just feet from the subject being filmed, and in 

extreme proximity to people and structures; and present the risks 

associated with vehicles that weigh in the neighborhood of 4,0001bs, 

carrying large amounts of jet A or other fuel. In addition such actual 

certificated aircraft must fly to and from the film location. In contrast, a 

sUAS weighing fewer than 55 lbs., and powered by batteries rather than 

fuel, eliminates virtually all of that risk. The sUAS is driven/carried to 

the film set, not flown. The sUAS will carry no passengers or crew and, 

therefore, will not expose any crew to the risks associated with manned 

aircraft flights.

The operation of sUAS, weighing less than 55 lbs., conducted in the 

strict conditions outlined above, will provide at least an equivalent level 

of safety supporting the grant of the exemptions requested herein, 

including exempting the Petitioner from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at 

slow speeds, close to the ground, and in a line of sight, relatively sterile 

environment and are, as a result, far safer than conventional operations 

conducted with actual aircraft/helicopters operating in close proximity to 

the ground and people.
8. Privacy

All business/commercial flights which occur over private or controlled 

access property will be with the property owner's prior consent and 

knowledge. Filming will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take 

place. Petitioner will not infringe on any individual or landowner 

privacy rights.

Limited nighttime operations may be conducted. nighttime as defined 

FAR's in section

is as follows 1.1. "Night means the time between the end of evening 

civil twilight and the beginning of morning civil twilight, as published in 

the American Air Almanac, converted to local time.

" Night operations may be conducted by the sUAS following the 

guidelines above and provided such operations have sufficient lighting 

so that Petitioner/Operator maintains visual line of sight. Allowing 

sUAS this exemption will provide a far safer nighttime filming 

alternative to the current full size aircraft operations.

9. Conclusion

The FAA's purported "ban" on business/commercial Model Aircraft 

sUAS operations has actually had the current effect of causing American 

skies to be less safe. There are many actual certificated pilots who are 

exceptionally qualified to fly model aircraft sUAS with their model 

aircraft sUAS experience, private, commercial or ATP pilot training, 

licenses and instructor ratings. However, these experienced operators 

and licensed pilots familiar with the FARs, airspace and safe operating 

procedures are currently reluctant to commercially operate model 

aircraft sUAS or be involved, for fear of the FAA seeking an 

enforcement action against them or their actual pilot's licenses.

Presently, during the pendency of these issues in the Pirker case, it defies 

safety or regulatory logic that according to the FAA's current alleged 

"ban" on business operations of sUAS, your average enthusiastic 12 year 

old, who's well meaning Father bought him a quadcopter s sUAS 
equipped with a camera, can operate his sUAS wherever he wants and 

take whatever recreational video/pictures subject only to the suggestions 

of FAA AC

91-57 and yet an FAA certificated private/commercial/ATP pilot cannot 

be paid to use a far higher quality and equipped sUAS to take an aerial 

photo or aerially inspect a farmersfield, despite the significant 

improvement in safety over non-pilots operating sUAS recreationally 

and real aircraft used for aerial photography.

Satisfaction of the criteria provided in Section 333 of the FMRA of 

2012, and requiring the sUAS PIC to have or obtain medical certificate 

and a actual pilots license and considering the small size, weight, speed, 

operating capabilities, limited operations in proximity to airports and 

populated areas and operation within visual line of sight and national 

security-all of which provide more than adequate justification for the 

grant of the requested exemptions allowing business /commercial 

operation of applicant's sUAS for aerial photography/ motion picture/

television productions as requested herein.

Ex. 1.

Nation Aerial MMS Preflight Checklists

Inspect Vehicle

1. Check props

2. Check screws

3. Check Radio

4. Check body/arms for cracks 5. Prepare log book

6. Review mission/Check review weather 7. Check/test batteries record 

voltages

8. Prepare nav/gps system

9. Radio RX/TX distance test/Check timers 10. Satellite localization/

lock

Narrative Descriptions.
Inspect the vehicle for previous damage like cracked chassis, loose 

props, motors and wires, this will ensure the safe operation of the 

vehicle and not a catastrophic failure of parts.

Tighten all screws and record which ones are becoming loose over time. 

This will indicate problems with the vehicle structure and you should 

use more CA or thread locking liquid to keep this problem to a minimal. 

If you are repeatedly tightening the screws in the same spot then there is 

a problem with the screw hole and should be tapped or corrected.

Prepare a logbook, this will ensure that you are recording the proper 

flight times and will indicate battery health, saving you from a failure 

and possible loss of vehicle. Pull out the

document you use for logging your flight fill out the information that is 

most important: date, time, and mission information.

Weather affects the performance of a vehicle and should be calculated to 

ensure proper weights given to your flight and battery time totals. 

Weather information to include as follows: Temperature, wind speed, 

maximum gusts, ambient temperature, humidity, dew point, barometric 

pressure, and any solar information that can effect your GPS. Review 

your mission so that you know exactly what you plan to do and what 

data you will gather.

Check and test your batteries so that you have sufficient power for your 

mission. If you followed this checklist your batteries should have been 

charged the last time you put your vehicle away. Turn on the navigation 

system if applicable and verify the appropriate settings to localize the 

satellite signal. Check for solar flare information and gps outages in your 

area connected to your mission.

II. Before Flight

1. Turn on transmitter; Check set flight mode 2. Set throttle down

3. Clear flight area

4. Connect battery on the vehicle
5. Start motors

6. Verify indicator lights for proper indications/GPS locks 7. Throttle up 

slowly

8. Maintain visual separation from all obstructions

Narrative Descriptions:

You should always be near your transmitter so that in the case of a 

failure you can control the vehicle to the best of your abilities and get 

the vehicle safely to the ground. First turn the transmitter on, with the 

throttle turned all the way down.

Next walk over to the vehicle that you plan to fly clear area and connect 

the battery. You should connect the battery in a way that does not disturb 

the vehicle from sitting on the ground, when you plug the vehicle up it is 

calibrating the flight system and powering up safely.

When the lights give proper indications it is safe to either pick up the 

vehicle safely and move it or walk away from it with your controller in 

your hand. To begin your flight move the sticks up slowly until the 

vehicle leaves the ground maintain visual separations from people, 

buildings, obstructions, other UAS/aircraft.

Ill. Post Flight/After Landing

1. Unplug battery on vehicle while near the controller 2. After battery is 

unplugged turn off the controller

3. Fill out log books

Narrative Descriptions:

Once the vehicle has returned to the ground, walk over with your 

controller and disconnect the wire to the vehicle battery, this will 

essentially kill the power and render the vehicle in the safe to transport 

mode.

Next you can power the controller off to save the battery life. Return the 

vehicle to a safe place and then locate your logbooks and recover your 

data.
IV. Debrief

1. Fill out logs

2. Complete calculations for batteries and flight times 3. Put away gear, 

vehicle and log books

Our Aircraft: DJI Phantom 2 and 3DRobotics X-8m