Gary von der Fecht

2 Belaire Lane

Manalapan, NJ 07726

FAA Ratings: 

 Private Pilot, Single Engine Land

August 15, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, D.C. 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. Part 21;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;91.121;91.151(a); 91.203(a)&(b);91.405(a);

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

Dear Sir/Madam:

I am submitting my petition for exemption for unmanned aircraft systems operations

pursuant to the FAA Modernization and Reform Act of 2012 and the procedures 

contained within 14 C.F.R. 11. I am a licensed pilot with over 20 years of experience 

piloting small civilian airplanes. I have logged more than 100 hours of flight time. I am 

born in the United States of American, have a current 3rd class FAA medical exam, and 

currently reside in New Jersey. I worked and ran a Family restaurant for 22 years with 

30 employees and currently own my own business for the past 13 years doing Garage 

and Closet Organization. I have eight employees working for me at this time.

I am making a request for a waiver of the sections listed above in an effort to operate 

my unmanned aircraft systems commercially in order to conduct aerial photography, 

and videography for residential, commercial and industrial real estate - and to survey 

privately owned land, and for events and promotional purposes. My request is not for a 

“closed-set” but to operate for commercial purposes for owners and guests with the 

expressed written permission of the property owner where the commercial flights will 

take place. I am a safe and disciplined pilot, and intend to operate my unmanned 

aircraft systems as I would any other airplane that I fly.

I believe that I should be granted an exemption for the following reasons:

1. I have a valid need to fly my UAS for commercial purposes.

2. I have been operating under the FAA rules for more than 20 years and have a 

clean record.
I am requesting the following exemptions under Section 333 of the FAA Reform Act of 

the Federal Aviation Regulations:

14 C.F.R. Part 21;

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;

91.121;

91.151(a);

91.203(a)&(b);

91.405(a);

91.407(a) (1);

91.409(a) (2);

91.417(a)&(b)

Suggested Public Federal Register Summary:

“The petitioner is seeking an exemption to operate an unmanned aircraft system (UAS)

under the new FAA “Summary Grant” approach, announced April 9th, 2015

(http://www.faa.gov/news/updates/?newsId=82485) that will help speed up Section 333

exemption approvals for many commercial UAS operators prior to finalizing the small

UAS proposed rules published this past February. It is my understanding that the FAA 

will still review each Section 333 petition individually. However, I am hoping that the 

agency will accept my particular petition, and include it in the next summary grant, and 

issue me an exemption on the presumption that the FAA has “already granted a 

previous exemption similar to this request”. Apparently, the new interim policy includes 

the granting of a Certificate of Waiver or Authorization (COA) for flights at or below 200 

feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 

55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within 

visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or 

heliports such as 5 nautical miles (NM) from an airport having an operational control 

tower; or 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or 2 NM from a heliport with a published instrument 

flight procedure. It is also understood that the “blanket” 200-foot COA allows flights 

anywhere in the country except restricted airspace and other areas, such as major 

cities, where the FAA prohibits UAS operations.

UAS Description:

Although I am asking for an exemption for piloting unmanned aircraft systems up to 55 

pounds, I plan on using commercially manufactured systems that will weight much less. 

At the time of this application, my intentions are to fly both the DJI Phantom 3 and the 
3D Robotics Solo drones – both weighing much less than 10 pound. From a safety and 

operational perspective, both of these units can be manually operated and software 

controlled making flight more predictable. These units have “return to home” features, 

geo-boundary limitations, and other safety features built into their hardware and 

software. Both of the companies that manufacture these devices have excellent 

reputations for providing all of the necessary tools and education to fly safely and 

respect FAA rules and regulations.

These UAS systems have limited flying time capabilities (approximately 20 minutes of 

flight on a charge), do not carry anything other than a camera, operate by battery 

power, and do not carry flammable fuel. In fact, in the event of the loss of 

communications with the pilot, these devices are programmed to “return to home” 

and/or travel a pre-determined route to land safely.

I will own several UAS where one acts as a backup for the other. In the event that one 

UAS is not airworthy, the backup UAS will be called upon to complete the task at hand.

Additional Points:

UAS technology is changing rapidly, and so are the people that are piloting them. As a 

20 year seasoned pilot, I understand the importance of choosing reliable products that 

are built by reliable companies. Both DJI and 3D Robotics are companies managed by 

smart people who work closely with their pilot-clients to improve their products and the 

safety of them. Both of these companies respect the FAA’s rules and regulations and 

understand the value that a trained pilot adds to the safe operation of their products.

In addition, I put emphasis on my 20 plus years of pilot experience flying a single engine 

aircraft in VFR conditions. The FAA has already recognized my qualifications by issuing 

me a private pilot license; I hope you will come to the conclusion that my pilot license 

and the privileges that go with that will extend to unmanned aircraft system as well.

Flight Operations and Maintenance: 

For the purpose of my UAS activities, all flying will take place in VFR conditions and will 

end when the battery reserves reach 25 percent. Preflight and post-flight check lists will 

be used to help identify any defects prior to and after flight. Any UAS that do not meet 

the qualifications for safe flight will be removed from service until they have been 

repaired and deem airworthy. A flight briefing will take place before each flight and 

shared with anyone in the general vicinity of the flight.

All flying activity will be in accordance with current FAA UAS rules and regulations.

Section 333 Compliance and Appropriateness: 
Based on the size of the craft, experience of the pilot, and operational goals, this 

request appears to be well suited for approval using the current criteria outlined in 

Section 333 of the FAA Modernization and Reform Act of 2012 (including new interim 

policies).

I eagerly await your approval.

Respectfully submitted,

Gary von der Fecht, Private Pilot

2 Belaire Lane

Manalapan, New Jersey 07726