Ralph E. Keller, III 

NexGen Productions, Ltd. 

152 Gilmore Drive 

Pittsburgh, PA 15235 

November 23, 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, Ralph E. Keller, III, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of NexGen 

Productions, Ltd., for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its 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 commercial aerial videography and photography. 

Applicant: 

Ralph E. Keller, III 

President/CEO 

NexGen Productions, Ltd. 

152 Gilmore Drive 

Pittsburgh, PA 15235 

412-824-4328 

Ralph@NexGenProductions.com

 
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Commercial operation of an UAS, as described herein, which is equipped with a camera and 

sensors, would provide professional services in the following areas: 

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

architecture, land surveying, engineering and other related professional activities; 

2. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and newsgathering; 

3. Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority; 

4. Aerial inspection/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers; 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation; and 

6. Training to persons individually or belonging to both private and/or public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the NAS. 

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 Phantom 3 Professional, Model W323, 

which is comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a 

transportable ground station.

The PHANTOM 3 Professional is a quad-­copter with a gross weight of 2.8 pounds. It is 

equipped with four rotors that are driven by electric motors powered by batteries. The UA 

has a maximum airspeed of 16 m/s. It will be operated over various metropolitan a n d 

r u r a l areas, primarily in Western Pennsylvania, to augment our video production 

capabilities with aerial video and photography, and related business operations.
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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 5‐10 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.
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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), 91.417(a) and 

91.417(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 as outlined in the attached operating documents.

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 5-10 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.
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Public Interest 

Aerial photography and videography for use in video production, until recently, was 

conducted through the use of manned aircraft, a costly and prohibitive business activity for 

small companies. With the proliferation of camera equipped UAVs, requests for these services 

has become commonplace... almost expected. Not being able to provide these services puts 

us at a competitive disadvantage. By granting this exemption we would be able to provide 

these services and remain competitive.

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 as well as minimize harm to the 

environment. Additionally, the operation of our UAS in cases of search and rescue 

operations, an emergency, or natural disaster may serve as an additional ‘tool’ available to 

local authorities or government at their request. 

Summary 

We will comply with all of the following conditions and limitations should this exemption be 

provided:

1) Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-­‐rotor aircraft weighing 2.8 pounds: Phantom 3 

Professional Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50 knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), All altitudes reported to ATC must be in feet AGL.

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times.

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

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

communicate verbally at all times. The PIC will be designated before the flight and 

will not transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the functions prescribed in the operating 

documents.

6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request.

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the UAS will not be operated until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. The Ground Control Station 

will be included in the preflight inspection. All maintenance and alterations will be 

properly documented in the aircraft records.

8) Any UAS 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. The PIC who conducts the functional test flight will make an 

entry in the aircraft records.
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9) The pre-­‐flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already 

covered in the relevant sections of the operating documents.

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations 

will be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service.

12) Each UAS operated will comply with all manufacturer Safety Bulletins.

13) An authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

14) UAS operations will be conducted by a PIC possessing at least a private pilot 

certificate and at least a current third-­‐class medical certificate. The PIC will 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.

15) Prior to operations conducted for the purpose of aerial videography/photography 

and for real estate listing videos and public and private events and similar 

operations, the PIC 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 UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-­‐rotor UAS.

16) Prior to operations conducted for the purpose of aerial videography/photography 

and for real estate listing videos and public and private events and similar 

operations, the PIC will have accumulated and logged, in a manner consistent with 

14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model 

of the UAS to be used in operations. The PIC will accomplish 3 take-­‐offs and 

landings in the preceding 90 days.

17) The PIC will not operate the UAS for the purpose of aerial 

videography/photography and for real estate listing videos and public and private 

events and similar operations, unless the PIC has demonstrated and logged in a 

manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a 

manner consistent with the operating documents, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures.

18) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC).

19) The UA will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-­‐published aeronautical chart.

20) The UA will 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.
Page - 7 

21) If a UA loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

22) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

23) The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 30% battery power remaining.

24) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice 

to Air-­‐man (NOTAM) not more than 72 hours in advance, but not less than 48 hours 

prior to the operation.

25) Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

26) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC 

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

documents will be made available to the Administrator or any law enforcement 

official upon request. 

27) The UA will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

28) The UAS will not be operated by the PIC from any moving device or vehicle.

29) The UA will not be operated over congested or densely populated areas.

30) Flight operations will 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. We will 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 and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

31) All operations will be conducted over private or controlled-­‐access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

 
Page - 8 

32) Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

the FAA's 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. 

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

Ralph@NexGenProductions.com or (412) 824-4328 

Thank you,

Ralph E. Keller, III 

President/CEO 

NexGen Productions, Ltd.