October	20,	2015

U.S.	Department	of	Transportation	

Federal	Aviation	Administration	

800	Independence	Avenue,	SW	

Washington,	DC	20591

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	

of	the	Federal	Aviation	Regulations	from:	14	CFR	61.113{a)	&	(b);	91.7	(a);	91.103;	

91.119{c);	91.121;	91.151{a);	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,	I,	Sean	Haga,	

operator	of	an	Unmanned	Aircraft	System	(UAS),	hereby	apply for	an	exemption	

from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	

operation	of	his UAS, 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.	

I	would	like	to	formally	submit	for	an	exemption	from	part	21,	subpart	H;	and	

Sections	45.23(b),	91.7(a),	91.9(b)(2),	91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	

91.405(a),	91.407(a)(1),	91.409(a)(2),	and	91.417(a)	and	(b)	of	Title	14,	Code	of	

Federal	Regulations	(14	CFR).	This	proposed	exemption	would	allow	the	operation	

of	unmanned	aircraft	systems	(UAS)	for	the	purpose	of	aerial	videography	and	

photography.	

Applicant:

Sean	Haga

Owner

CyberdeckFlights

7230	Ackerman	Ave

Cocoa,	FL	32927

seanhaga@gmail.com

321-506-1533
Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	

camera	and	sensors,	would	operate	in	the	following	manner:	

Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate	

and	other	related	professional	activities.

Aerial	video	and/or	photography	for	public	and/or	private	use	including	public	and	

private	events.	

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	

UAS	under	controlled	conditions	in	the	NAS	that	would	be	a)	limited,	b)	controlled,	

c)	predetermined,	and	d)	will	provide	safety	enhancements	to	the	already	safe	

operations	in	the	industry	presently	using	conventional	aircraft.	Approval	of	this	

exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	Transportation	

responsibilities	to	“....establish	requirements	for	the	safe	operation	of	such	aircraft	

systems	in	the	national	airspace	system.”	

As	found	in	Exemption	No.	11138	(Trudeau),	the	FAA	recently	approved	similar	use	

of	a PHANTOM	2	UAS.	We	will	operate	a	UAS,	the	DJI	FJ550,	which	is	comprised	of	

an	unmanned	aircraft	(UA),	an	attached camera	and	a	transportable	ground	

station. The	FJ	550	is	a	hex-copter	with	a	gross	weight	of	3.2 pounds.	It	is	equipped	

with	six rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The UA	has	

a	maximum	airspeed	of	18 m/s.	It	will	be	operated	over	various	metropolitan	areas,	

primarily	around	Cocoa,	FL,	to	augment	real	estate	listing	videos,	capture	event	

areal	video	and	photography,	assist	in	search	and	rescue	operations	and	related	

business	operations.	

UAS	Operating	Parameters	

We	will	abide	by	the	following	additional	operating	conditions	under	this	

exemption,	which	ensures	a	level	of	safety	at	least	equal	to	existing	rules:	

operate	UAS	below	300	feet	and	within	a	radius distance	of	1000	feet	from	

the	controller	to	aid	in	direct	line	of	sight	visual	observation;	

obtain	permission	from	the	owner/controller	of	any	vessels,	vehicles	and	

structures	when	operations	may	be	conducted	closer	than	500	feet	to	any	

such	vessels,	vehicles	or	structures;	we	will	conduct	a	safety	assessment	of	

the	risk	of	operating	closer	to	those	objects	and	determine	that	it	does	not	

present	an	undue	hazard;	

operate	the	UAS	for	5-15 minutes	per	flight;	

land	UAS	prior	to	the	manufacturer’s	recommended	minimum	level	of	battery	
power;	

operate	UAS	during	daylight	hours	only	within	visual	line	of	sight	(VLOS);	

use	the	UAS’	global	positioning	system	(GPS)	flight	safety	feature	whereby	it	

hovers	and	then	slowly	lands	if	communication	with	the	remote	control	pilot	

is	lost;	

conduct	all	operations	under	the	flight	safety	protocols	(including	posting	a	

warning	sign	reading:	“Attention	Aerial	Photography	in	Progress	– Remain	

Back	150	feet”)	contained	in	the	operating	documents	and	will	actively	

analyze	flight	data	and	other	sources	of	information	to	constantly	update	and	

enhance	safety	protocols;	

contact	respective	airports	if	operations	will	be	within	5	miles to	advise	them	

of	his	estimated	flight	time,	flight	duration,	elevation	of	flight	and	other	

pertinent	information;	

always	obtain	all	necessary	permissions	prior	to	operation;	have	procedures	

in	place	to	abort	flights	in	the	event	of	safety	breaches	or	potential	danger;	

only	operate	in	safe	environments	that	are	strictly	controlled,	are	away	from	

power	lines,	elevated	lights,	airports	and	densely	populated	areas	(defined	by	

areas	depicted	in	“yellow”	on	VFR	charts	and	through	obtaining	information

regarding	congested	areas	from	the	local	Flight	Standards	District	Office	

(FSDO);	

conduct	extensive	preflight	inspections	and	protocols,	during	which	safety	

carries	primary	importance	(reference	PHANTOM	Flying	Flow	Chart	and	User	

Manual).	Regarding	UAS	operational	training,	we	have	flown	numerous	

practice	flights	in	remote	areas	as	hobbyists	simulating	flights	for	future	

commercial	use	to	gain	familiarization	with	the	characteristics	of	the	UAS’	

performance	under	different	temperature	and	weather	conditions.	

Any	PIC	operating	our	UAS	will	have	accumulated	and	logged,	in	a	manner	

consistent	with	14	CFR	61.51(b),	25	hours	of	total	time	as	a	UAS	rotorcraft	pilot	

including	at	least	10	hours	logged	as	a	UAS	pilot	with	a	multi-rotor	UAS.	The	PIC	will	

also	have	accumulated	and	logged	a	minimum	of	5	hours	as	a	UAS	pilot	operating	

the	same	make	and	model	of	UAS	to	be	used	for	operations.	In	addition	to	the	hour	

requirements,	the	PIC	will	accomplish	3	take-offs	and	landings	in	the	preceding	90	

days	(for	currency	purposes)	prior	to	any	flight.	

Specific	Exemptions	Requested	
Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	UA,	we	

feel	an	exemption	from	14	CFR	part	21,	Subpart	H	(Airworthiness	Certificates)	and	

§ 91.203(a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and	

limitations, is	warranted	and	meets	the	requirements	for	an	equivalent	level	of	

safety	under	14	CFR	part	11	and	Section	333	of	P.L.	112-95	(Section	333).	

We	request	an	exemption	from	§	45.23	Marking	of	the	aircraft	because	the	UA	will	

not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	or	phrases.	

Further,	the	two-inch	lettering	is	difficult	to	place	on	such	a	small	aircraft	with	

dimensions	smaller	than	the	minimal	lettering	requirement.	Regardless	of	this,	we	

can	mark	the	UAS	in	the	largest	possible	lettering	by	placing	the	word	

“Experimental”	on	its	fuselage	as	required	by	§	45.29(f)	so	that	anyone	will	see	the	

markings.	

We	request	an	exemption	from	§	91.7(a)	which	prohibits	the	operation	of	an	aircraft	

without	an	airworthiness	certificate,	since	there	is	currently	no	certificate	

applicable	to	our	operation,	this	regulation	is	inapplicable.	

We	request	an	exemption	from	§§	91.405(a),	91.407(a)(1),	91.409(a)(2)	and	

91.417(a)	and	(b)	Maintenance	inspections	since	they	only	apply	to	aircraft	with	an	

airworthiness	certificate.	However,	as	a	safety	precaution	we	will	perform	a	

preflight	inspection	of	the	UAS	before	each	flight	.

We	request	an	exemption	from	§	91.9(b)(2)	which	requires	an	aircraft	flight	manual	

in	the	aircraft,	however	since	there	are	no	pilots	or	passengers	on	board	the	aircraft	

and	given	its	size,	this	regulation	is	inapplicable.	We	believe	an	equivalent	level	of

safety	will	be	achieved	by	maintaining	a	safety/flight	manual	with	the	UAS	ground	

station.	

We	request	an	exemption	from	§	91.119	which	prescribes	safe	altitudes	for	the	

operation	of	civil	aircraft,	but	it	allows	helicopters	to	be	operated	at	lower	altitudes	

in	certain	conditions.	We	will	not	operate	our	UAS	above	the	altitude	of	300	feet	

above	ground	level	(AGL)	and	will	also	only	operate	in	safe	areas	away	from	the	

public	and	traffic,	thus	“providing	a	level	of	safety	at	least	equivalent	to	or	below	

those	in	relation	to	minimum	safe	altitudes.”	Given	the	size,	weight,	

maneuverability,	and	speed	of	the	UAS,	an	equivalent	or	higher	level	of	safety	will	be	

achieved.	

We	request	an	exemption	from	§	91.121	Altimeter	settings	as	it	is	inapplicable	since	

the	UAS utilizes	electronic	GPS	with	a	barometric	sensor.	

We	request	an	exemption	from	§	91.151(a)	Fuel	requirements	for	flight	in	VFR	

conditions. The	UAV	is	100%	electric	and	two	low	battery	alerts	are	issued	- per	the	
operating	documents,	the	UAV	will	be	landed	at	the	first	alert.	Also,	our	flights	will	

last	only	5-15 minutes	each,	and	the	UAS	has	an	automated	function,	which	results	

in	immediate	landing	when	a	low	battery	is	detected.	The	PIC	will	not	begin	a	flight	

unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	power	to	

fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	land	

the	UA	with	30%	battery	power	remaining.	

Public	Interest	

Aerial	photography	and	videography	for	real	estate	and	events	are	proven strategies	

to	enhance	marketing	efforts	and	increase	business	success.	The	industry	is	not	

new.	However,	until	recently	it	was	conducted	through	the	use	of	costly	manned	

aircraft,	a	prohibitive	business	activity	for	small	companies.	By	granting	this	

exemption	I	would	be	able	to	provide	affordable	services.	

Further,	the	small	UAS	will	pose	no	threat	to	the	public	given	its	small	size	and	lack	

of	combustible	fuel	when	compared	to	larger	manned	aircraft.	Additionally,	the	

operation	of	our	UAS	will	minimize	harm	to	the	environment	economic	growth	by	

providing	information	to	companies	and	the	public	looking	to	relocate	or	build	in	

the	metro	areas	we	service.	Public	and	private	events	serviced	by	our	business	

enhance	vibrancy	and	add	culture	to	the	community	and its	citizens.	

If	you	have	questions	or	need	additional	information,	please	contact	me	at	

seanhaga@gmail.com or	321-506-1533

Thank	you,	

Sean	Haga