Planehook Aviation Services, LLC

6010 Windhaven Drive

San Antonio, TX 78239

July 22, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

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

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.56; 14 CFR

61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR

91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Administrator:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 CFR Part 11, Planehook Aviation Services, LLC, operator of an Unmanned Aircraft

System (UAS), hereby applies for an exemption from Title 14 of the Code of Federal Regulations

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. This request for exemption is similar or identical to numerous previously submitted

requests that have received exemption.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and

sensors, would operate in the following manner:

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

architecture, mapping, land surveying, engineering, and other related professional

activities.

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

events, cinematography, and news gathering.

3. Aerial inspection, photography, and video of residential and commercial structures under

contract with the owners or local government authority.

4. Aerial inspection, photography, and video of residential and commercial utility

infrastructure including, but not limited to, electrical power lines, wind turbines and

cell towers.
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July 22, 2015

Page 2

5. Aerial photography, video, and live-feed imagery 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.

6. Training of recreational or commercial UAS operators and visual observers (a.k.a. safety 

observers) of private (civil) and public organizations that have interests in the use and

application of a UAS for the purpose of the safe operation of a UAS, thus enhancing the

safety of the National Airspace System (NAS) and protecting persons, property, and the 

uninvolved public.

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

controlled conditions in the NAS that would be limited, preplanned, controlled, and safe.

Approval of this exemption would, therefore, enhance safety and fulfill the responsibility of the

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

systems in the National Airspace System.”

The name and address of the applicant is:

David C. Hook, ATP, CFI, AGI

President

Planehook Aviation Services, LLC

6010 Windhaven Drive

San Antonio, TX 78239

Phone: 210-653-8442

Email: planehook@hotmail.com

Regulations from which the exemption is requested:

14 CFR 21 Subpart H

14 CFR 45.23 (b)

14 CFR 61.3

14 CFR 61.56

14 CFR 61.113 (a) and (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) and (b)
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July 22, 2015

Page 3

14 CFR 91.405 (a)

 14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Planehook Aviation Services, LLC, referred to herein after as Planehook, will operate a DJI 

Innovations Phantom 3 sUAS. The sUAS is powered using lithium polymer batteries and controlled

with a ground control system operating on the 2.4 Ghz band. The applicant will operate the sUAS 

in line of sight within a preplanned area.

Given the small size of the sUAS and the controlled environment, the proposed operations will 

adhere to the Reform Act’s safety requirements. The approval of this application presents no

known national security issues. Regarding the level of safety surrounding the proposed operations

and the public benefit, reduction in environmental impacts, including, but not limited to, reduced 

emissions and noise, granting the requested exemption is in the public interest. Accordingly, the

applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operational limitations proposed herein provide for equivalent or higher level of safety

because operations will further enhance the safety of the persons and/or property using

conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption and as set forth in the user manual

include:

1. The UAS will weigh less than 55 lbs.

2. The UAS will have a maximum operating speed of no more than 36 mph (16 m/sec).

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual

Observer (VO).

4. Maximum flight time for each operational flight will be 23 minutes. Flights will be planned 

to be complete at 20% battery power reserve or 5 minutes remaining flight time,

whichever occurs first.

5. Flights will be operated at a maximum altitude of 400 feet AGL, unless a waiver is 

granted in writing by the local FAA Flight Standards District Office for that flight.

6. Minimum crew for each commercial operation will consist of the sUAS Operator

(a.k.a. Pilot-in-Command, or PIC) and at least one Visual Observer (VO). For the 

purposes of flight instruction, the instructor may serve as VO.
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July 22, 2015

Page 4

7. The UAS operator will be a designated as Pilot in Command (PIC) and hold a minimum of 

a Private Pilot License. The UAS operator will hold a current Third Class Medical 

Certificate or valid state-issued driver’s license.

8. A UAS operator acting as flight instructor in furtherance of flying training of another will 

possess a valid and current Certified Flight Instructor certificate for any category and class 

of powered aircraft. For the purposes of ground instruction, a ground instructor shall 

possess a current Certified Flight Instructor certificate for any category and class of 

powered aircraft or an Advanced Ground Instructor certificate.

9. The UAS operator shall accomplish a pre-flight briefing with assisting VOs prior to the 

first flight of the day with updates as required. The UAS operator shall accomplish a 

pre-flight inspection of the sUAS prior to each flight.

10. All flights will occur under Visual Flight Rules (VFR) only.

11. The flights will occur no closer than a 5 statute mile radius of the Airport Reference Point

(ARP) of a tower controlled or uncontrolled airport. If the airport has no ARP listed, then 

the 5 statute mile radius shall be based upon the location of the airport as depicted on a 

Sectional Chart.

12. Should flight operations be required within a 5 statute mile radius of the geographic

center/ ARP of a tower controlled or uncontrolled airports, the respective airports will be 

contacted to receive permission prior to takeoff and advising them of the estimated

takeoff time, flight duration, planned altitude above the ground of the flight, and other

pertinent information.

13. The operator will file FAA Form 7711-2, or its equivalent, as modified in light of the 

requested exemption, with the local Flight Standards District Office (FSDO) no more

than 72 hours but no less than 48 hours from planned operation.

14. The operator will obtain verbal or written consent of all persons involved with the planned

operation and ensure that only consenting persons will be allowed within 100 feet of the

flight operation. The radius may be reduced to 30 feet based upon an equivalent level of

safety determination. With the advanced permission of the FSDO, operations at closer

range may be approved.

15. The Operator and VO(s) will have been trained in the operation of UAS and received upto-date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice, either via radio transmissions or cell 

phones, or by pre-arranged hand signals in the event of a noisy environment or failure of 

voice communications.

17. Necessary written or verbal permissions and permits will be obtained in advance from 

territorial, state, county or city jurisdictions, including law enforcement, fire, or other

appropriate governmental agencies.

18. If the UA loses communications with the GCS or loses GPS signal, the UAS will have the

capability to return to a pre-determined location and land autonomously.

19. The UAS will have the capability to abort a flight in case of in-flight emergencies.
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July 22, 2015

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Planehook requests exemption from 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 aircraft to be utilized by the Applicant, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

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

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of

these criteria demonstrates that the UAS operated without an airworthiness certificate, 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 UAS to be operated hereunder has a maximum takeoff and landing gross weight less than 55

pounds, does not carry a pilot or passengers, carries no explosive materials or flammable liquid

fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft,

operations under this exemption will be controlled and monitored by the operator in accordance 

with federal, state, and local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the uninvolved

public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Finally, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS or its operator

due to UA size, speed, declared location of operation, lack of explosive materials or flammable

liquid fuels, and inability to carry a substantial external load.

Planehook requests exemption from 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 UAS will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the UAS, two-inch lettering will be impossible.
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July 22, 2015

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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 UAS marked on its fuselage as required

by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as “Experimental.”

Planehook requests exemption from 14 C.F.R. § 61.3 (d) (2) and (i) (ii) and (iii) Requirement for 

Certificates, Ratings, and Authorizations

Pursuant to 14 CFR 61.3 (d) (2) “...no person other than the holder of a flight instructor certificate 

issued under this part with the appropriate rating on that certificate may...”provide instruction. As no 

category, class, or propulsion system and lift-type specifications exist for UAS, Planehook petitions for 

authority to provide flight and ground instruction on the safe and efficient flight operations for UAS. 

Planehook reasons that since the basis for flight instruction is demonstrated ground and flight 

proficiency to a minimum of the commercial pilot level and that a grant of exemption in furtherance of 

commercial flight operations serves as evidence of meeting such practical standards for UAS, that an 

airmen possessing a valid and current flight instructor certificate can provide both ground and flight 

instruction. Planehook opines that providing ground instruction and flight instruction in the 

furtherance of flight safety and efficient integration of UAS into the National Airspace is a benefit to 

people, property, and the uninvolved public of the United States.

Pursuant to 14 CFR 61.3 (i) (ii) and (iii) the holder of a ground instructor certificate can endorse an 

applicant for a knowledge test and endorse a logbook to show ground training given. As 14 CFR 107 (as 

proposed) would require operators to take an airman’s knowledge test, there will be a requirement for 

instructors to provide that ground training and make endorsements in the logbooks of future UAS 

commercial operator applicants. Planehook opines that it is in the public interest to provide ground 

instruction in the interest of flying safety and in furtherance of implementation of airman knowledge 

testing. Therefore, Planehook petitions for the authority to provide ground instruction which will 

benefit the people, property, and the uninvolved public of the United States.

Planehook requests exemption from 14 C.F.R. § 61.56 Flight Review

Pursuant to 14 CFR 61.56 (a) “... a flight review consists of a minimum of 1 hour of flight training and 1 

hour of ground training. The review must include: (1) A review of the current general operating and 

flight rules of part 91 of this chapter; and (2) A review of those maneuvers and procedures that, at the 

discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise 

of the privileges of the pilot certificate.“

Further, pursuant to 14 CFR 61.56 (f) “A person who holds a flight instructor certificate and who has, 

within the period specified in paragraph (c) of this section, satisfactorily completed a renewal of a flight 
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July 22, 2015

Page 7

instructor certificate under the provisions in §61.197 need not accomplish the one hour of ground 

training specified in paragraph (a) of this section.”

As the maneuvers and procedures cited in 14 CFR 61.56 (a) (2) refer specifically to maneuvers 

accomplished in manned aircraft, not unmanned aircraft, no correlation can be made as to equivalent 

levels of safety for this requirement in previously granted exemptions under Part 333. The safety 

equivalent is found in the requirement for periodic ground training. Therefore, the applicant petitions 

for relief from the flying portion of the flight review.

The one hour ground training review covering Part 91, however, does provide for an equivalent level of 

safety for airman’s knowledge. The applicant requests that in accordance with 14 CFR 61.56 (f) a flight 

instructor who satisfies the ground training portion of the flight review be exempted from the flight 

review in its entirety for the purposes of operating and providing flight instruction for sUAS.

Planehook requests exemption from 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and

Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a

pilot in command of an aircraft that is carrying passengers or property for compensation or hire.

Planehook Aviation Services, LLC and its operators achieve an equivalent level of safety as

achieved by current Regulations because the applicant’s UAS does not carry any pilots,

passengers, or property. The risks associated with the operation of the UAS are less than the

levels of risk inherent in the commercial activities outlined in 14 CFR 61. The operation

and limitations set forth in the user manual equate to the safe operation of the UAS.

Planehook requests exemption from 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, maintenance, and operator use of pre-flight checklists prior to each flight,

an equivalent level of safety will be provided.

Planehook requests exemption from 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.
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Page 8

The UAS, given its size and configuration does not have the ability to carry such a flight manual on

the aircraft due to its size and specified maximum gross takeoff and landing weights. An equivalent 

level of safety will be maintained by keeping the flight manual at the ground control point where

the operator flying the UAS will have immediate access to it.

Planehook requests exemption from 14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to ensure the

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an

exemption will be needed. The operator will take all actions as stated in the user manual

including, but not limited to, reviewing weather, flight battery requirements, landing and takeoff

limitations, and aircraft performance data before each flight.

Planehook requests exemption from 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. UAS and remotely piloted aircraft, by their design, do not have fully functional dual

controls. Flight control is accomplished through the use of a ground control box that

communicates with the aircraft via radio communications. 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. The equivalent level of safety is 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.

Planehook requests exemption from 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. As this exemption is for a UAS that is a rotorcraft and the exemption requests authority to

operate at altitudes up to 400 feet AGL or not more than 200 feet above an elevated platform

from which filming or inspecting is planned, an exemption may be needed to allow such

operations. As set forth herein, the UAS will not operate at higher than 400 feet AGL with the

exception that in circumstances where the UAS is used to survey or photograph a structure

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the

highest point on the structure. It will however be operated in a restricted area with security

perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed

of the UAS as well as the location where it is operated. No flight will be taken without the
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permission of the property owner or local officials.

Because of the advance notice to the property owner and participants in the flight activity, all

affected individuals will be aware of the planned flight operations. Compared to flight operations 

with aircraft or rotorcraft weighting far more than the proposed maximum 55 lbs. and the lack of

flammable fuel, any risk associated with these operations is less than those presently presented 

with conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude

operations of the UAS will ensure separation between these UAS operations and the operations

of conventional aircraft that must comply with Section 91.119.

Planehook requests exemption from 14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS does not have a barometric altimeter

that can be set by the operator, but instead has a GPS and SONAR altitude read out, an

exemption is be needed. An equivalent level of safety will be achieved by the operator, pursuant

to the safety check list and live flight data monitoring, confirming the altitude of the launch site

shown on the GPS altitude indicator before flight.

Planehook requests exemption from 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

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

the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 23 minutes of powered flight. To meet the

30 minute reserve requirement in 14 CFR §91.151, UAS flights would not be possible. Given the

limitations on the UAS’s proposed flight area, minimal footprint for suitable takeoff and landing 

areas, and the localized operations within a predetermined area, equivalent levels of safety can 

be achieved with a lesser amount of planned flight reserve.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 18

minutes or minimum reserve power of 20%— whichever happens first. This approach allows for 5

minutes of planned flight reserve power, adequate to return the UAS to its planned or alternate

landing zone from anywhere in its planned limited operating area.
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Planehook requests exemption from 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 UAS fully loaded weighs much less than the maximum 55 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 or in the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control 

location where the operator flying the UAS will have immediate access to them, to the extent

they are applicable to the UAS.

Planehook requests exemption from 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, these

sections will not apply to the applicant. Maintenance will be accomplished by the operator in 

accordance with the manufacturer’s user’s manual. An equivalent level of safety will be achieved 

because the UAS is limited in size, will carry a small camera payload, and operate in limited areas

for a limited period of time. If mechanical issues arise, the UAS can normally land immediately. 

The aircraft will be operating from no higher than 400 feet AGL. The operator will ensure that 

the UAS is in working order prior to initiating flight, perform required scheduled and 

unscheduled maintenance, and record in an aircraft log any maintenance performed. Further,

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.
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An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the UAS manufacturer's user manual. As provided in that manual,

the operator will ensure that the UAS is in working order prior to initiating flight and perform

required maintenance needed.

Additional Information

The applicant, Planehook Aviation Services, LLC, is an aviation security company that has served 

public and private clients in the United States for over ten years. Planehook’s president is a current

certified flight instructor with over 33 years of flying training experience. He holds both an airline 

transport pilot’s license and an advanced ground instructor certificate. Further, he has been

involved in flying remote controlled aircraft for over three years and is a member of the Academy 

of Model Aeronautics.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide adequate

justification for the grant of the requested exemptions allowing commercial flight operations and 

flight instruction using the applicant’s UAS. Thank you for your time and consideration.

Sincerely,

David C. Hook, ATP, CFI, AGI

President

Planehook Aviation Services, LLC

Licensed Aviation Security Company

Texas # B17127