Nov 5, 2015 

United States Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam:

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

C.F.R. Part 11, Scott S. Booth, owner and operator of Ozark Aerial Imagery, is requesting to be 

exempted from the Federal Aviation Regulations (FARs) listed below so Ozark Aerial Imagery may 

operate UASs commercially in airspace regulated by the Federal Aviation Administration; as 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. 

The Name and address of the applicant is: 

Ozark Aerial Imagery

Attn: Scott S. Booth – ozarkaerialimagery@gmail.com, 601.616.9167 

53 Fallbrook Ln.

Mountain Home, AR 72653

Introduction and Interests of the Petitioner

Scott S. Booth is the owner of Ozark Aerial Imagery. He has over 13 years of professional aviation 

experience. As a former United States Marine Corps Naval Aviator, he was NATOPS qualified in the 

AV-8B and the T-45C. He has extensive experience utilizing eletro-optical sensors that are video 

downlink capable while piloting thru complex airspaces. Scott S. Booth holds an FAA Airline 

Transport Pilot Certificate, multi-engine, with Commercial Privileges for single-engine and powered 

lift ratings; and holds an FAA 1st Class Medical Certificate. Scott S. Booth is a current, Certified 

Flight Instructor and Certified Flight Instructor Instrument (CFI/CFII). Additionally, Scott S. Booth 

has been military trained and certified as a Forward Air Controller/Joint Terminal Attack Controller, 

which requires an intense understanding of airspace geometries, obstructions, and lines of sight in 

order to safely direct aircraft thru complex battle airspace and in close proximity to ground 

personnel. He also holds FCC AC & RR Operator Permits. Scott S. Booth intends to utilize his 

military and commercial aviation experience so that Ozark Aerial Imagery may safely provide its

clients aerial video and photography operations for a variety of commercial, public, and residential 

uses, specifically targeting:

• Real-estate marketing

• Real-estate appraisals

• Construction sites before and after

• Special Events such as, but not limited to, weddings, family gatherings, and local fairs

• Aerial acquisitions used for inspections of public and private structures

• Increase public knowledge of UAS and promote safe UAS operations

• Search and Rescue operations
UAS Proposed by the Petitioner

Unmanned Aircraft System: DJI Inspire 1 UAS

Ozark Aerial Imagery seeks an exemption to operate the DJI system for compensation or hire within 

the NAS. The DJI Inspire 1 is a vertical takeoff and landing Unmanned Aircraft (UA) with a Ground 

Control Station (GCS) utilizing electronic tablet and/or smart phone systems. The DJI Inspire 1, 

Model T600, has a total weight of 6.47lbs. The dimensions are 17.24” x 17.75” x 11.85”. Under still 

air the maximum speed is no more than 49mph with a cruising speed of 25mph. The DJI Inspire 1 

has the ability to hover and move along a vertical and horizontal plane simultaneously. This is a 

commercially sourced, “off the shelf” professional aerial photography UAS. 

The DJI Inspire 1 UAS that will be operated by Scott S. Booth will be registered in accordance with 

49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and 

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

Basis for Petition

As described below, the requested exemption would permit the operation of lightweight (less than 

fifty five pounds (55 lbs.) total take off gross weight) UASs under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfilling 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 

Reform Act. 

Ozark Aerial Imagery respectfully requests the grant of an exemption to the following specific 

sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for 

commercial use: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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) 

Ozark Aerial Imagery submits this application in accordance with the Reform Act, 112 P.L. 95 331-

334, seeking relief from any currently applicable FAR's operating to prevent Ozark Aerial Imagery 

future commercial use of small UASs to operate in the national airspace system as described below. 

The Reform Act Section 332 provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. Ozark Aerial Imagery’s 

lightweight UASs meet the definition of "small unmanned aircraft" as defined in section 331 and 

therefore the integration of Ozark Aerial Imagery’s lightweight UASs are expressly contemplated by 

the Reform Act. Ozark Aerial Imagery would like to operate its lightweight UASs prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

The Reform Act 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 Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a hazard to users of the NAS, 

to the public, or pose a threat to national security in regards to the following: 

• The UAS's size, weight, speed and operational capability 
• Operation of the UAS in close proximity to airports and populated areas 

• Operation of the UAS within visual line of sight of the operator Reform Act 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. 

Ozark Aerial Imagery UAS’s are rotorcraft weighing less than 55 pounds including payload. They 

operate at a speed of less than fifty knots (50 knots) and have the capability to hover and move in the 

vertical and horizontal plane simultaneously. The UAS will operate only within the line of sight of 

the pilot within a protected flight area as described below. Such operations will ensure that the UASs 

do not create a hazard to the users of the National Airspace System or the public. 

The small nature of the UASs utilized by Ozark Aerial Imagery, combined with the safety protocols 

outlined below will allow for a greater than equivalent level of safety in which Congress envisioned 

that the FAA must, by exemption allow commercial operations of UASs to commence immediately. 

Also due to the size of the UASs and the areas and altitudes they will operate, approval of the 

exemption presents no national security issue and absolutely minimal safety concerns which have 

been mitigated through a rigorous risk management process. Given the clear direction given in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, the significant public benefit, 

including enhanced safety, reduced emissions utilizing UASs verse traditional aircraft as well as the 

economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater 

public's interest. Accordingly, the applicant requests that the FAA grant the requested exemption 

without delay. The following limitations are considered to be binding for the operation of UASs for 

commercial purposes by Ozark Aerial Imagery: 

1. Flights will be operated in the line-of-sight by a ground-based pilot 

2. Flights will operate clear of clouds 

3. The UASs will weigh less than 55lbs at take off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 

6. Pilots, camera operators and observers will be trained as to the applicable portion of the UAS's 

manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a current 

Second Class FAA medical certificate. A camera operator and/or observer may be added as required 

to further reduce the possibility of task saturation by the pilot depending on the mission 

requirements. 

8. Pilot, observer and camera operator will maintain real time communication capability throughout 

flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility (AOR). This 

AOR is the actual area for UAS operations for a particular day. Each survey will include the 

assessment of potential hazards to include but not limited to airspace classification, NOTAMS, 

temporary flight restrictions, closest airport proximity, natural and manmade obstacles, and 

unnecessary persons which may pose a risk to operations or safety. If deemed necessary, the crew 

will employ additional personnel as safety observers. 

10. Ozark Aerial Imagery will employ safety observers, as well as sign notifications, in areas close to 

public activity. 
11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing the 

briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are conducted will 

be present for this briefing. 

12. Ozark Aerial Imagery will obtain consent (verbal or written) for any persons who need to be 

within one hundred 100 feet of UAS flight operations. 

13. Written and/or verbal permission from the relevant property owners will be obtained prior to 

flight. 

14. All required permissions and permits will be obtained from territorial, state, county, parish or city 

jurisdictions, including local law enforcement, fire or other governing governmental agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to 

return to a pre-determined location within the AOR and land autonomously. 

16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies. 

14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 

(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area of 

operations for Ozark Aerial Imagery UAS flights permits exemption from Part 21 because Ozark 

Aerial Imagery meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the 

ACT (49 U.S. C. 44701(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the 

FAA to exempt UASs from the airworthiness certificate requirement in consideration of weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. Ozark Aerial 

Imagery meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and registrations. They 

are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by 

maintaining such certifications and registrations at Ozark Aerial Imagery’s business address.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this regulation is 

inapplicable. 

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

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining an operators manual at the flight operations center. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. 91.103(b) Preflight actions 

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include: (b) For any flight, 

runway lengths at airports of intended use, and the following takeoff and landing distance 

information. This subparagraph is not applicable due to our off airfield operations. 

14 C.F.R. 91.109 Flight instructions; Simulated instrument flight and certain flight tests.
14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in 

conjunction with training and flight tests. The UAS to be employed by Ozark Aerial Imagery is not 

designated in this category.

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Ozark Aerial Imagery UASs 

utilize GPS systems and internal gyroscopes to provide spatial stability and a reference datum. 

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions 

14 C.F.R. 91.151 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. 

The battery powering the UAS provides approximately 25 minutes of powered flight, which is less 

than the reserve requirement alone by FARs for day. Given the limitations on the UAS's flight 

envelope, proposed AOR size, battery life and its ability to land immediately it is reasonable to allow 

an exception. 

An equivalent level of safety can be achieved by limiting flights to 20% of battery power. This 

restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 

and 10808. 

14 C.F.R. 45.23 Marking of the Aircraft 

Applicable Codes of Federal regulations require aircraft to be marked according to certain 

specifications. Two-inch lettering is impractical to place on such small aircraft. The FAA has 

previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 

10700. 

14 C.F.R. 91.119 Minimum Safe Altitudes 

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. Ozark Aerial Imagery will only operate its UASs at 

or below 400 AGL. Ozark Aerial Imagery will operate its UASs in a defined AOR that has been 

carefully reviewed for hazards and minimizes the presence of any persons not essential for 

operations. The equivalent level of safety will be achieved given the size, weight and speed of the 

UAS as well as the location where it is operated. Compared to flight operations with traditional 

aircraft or rotorcraft weighing far more than 55lbs and operating below 500 AGL with flammable 

fuel, UAS operations present a far smaller risk. 

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 the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as prescribed 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. 
These regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to Ozark Aerial Imagery UASs should its requested exemption be granted. As an equivalent 

level of safety, Ozark Aerial Imagery requires its pilots to conduct a preflight, thorough flight and 

post flight inspection of the UAS to ensure its flight worthiness prior to launch. Each UAS is flown 

in compliance with the applicable manufacturer’s manual to include all software update cycles as 

well as flight checklists. In the event of a malfunction the UAS can land immediately. 

Privacy 

All flights over private or controlled access property will have the property owner's prior consent and 

knowledge. 

Summary 

Ozark Aerial Imagery is seeking exemption from the following rules: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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). 

Approval of the above exemptions allowing commercial operations of small UASs in the service of 

aerial photography will greatly enhance safety by reducing the overall risk associated with traditional 

aircraft. Traditional aerial photography requires large aircraft weighing thousands of pounds and 

carrying hundreds of pound of fuel presenting a significant risk to life and property. With Ozark 

Aerial Imagery’s use of small UASs weighing less than 55 lbs, powered by batteries and operating at 

or below 400 AGL, they virtually eliminate all of the risk associated with traditional aerial 

photography. The UASs will carry no people, thereby eliminating the exposure to the risks associated 

with flying while accomplishing the same task in a much safer manner. 

Granting Ozark Aerial Imagery the above exemptions will allow for the expansion of UAS systems 

into the future, in a professional, safety conscious culture steep in the tradition of aviation. The safety 

culture established by the founding member of Ozark Aerial Imagery is based on 13 years of military

and professional aviation experience. 

Ozark Aerial Imagery respectfully requests that the FAA grant its exception without delay. The FAA 

has the authority to issue the exemption sought by Ozark Aerial Imagery pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

Sincerely, 

Scott S Booth

Ozark Aerial Imagery

Mountain Home, AR

ozarkaerialimagery@gmail.com

601.616.9167