U.S. Department of Transportation 

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 61.113(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 9fR 

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

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"}.' 

and 14 CFR Part 11, I Claude Auguste owner of 1 Man 1 Drone 10625 Old Hammockr.V:Vay ·· · 

Wellington, FL 33414, operator of an Unmanned Aircraft System (UAS), hereby applie$ 1

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. 

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/or video for public and/or private use including real estate, 

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

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

owners or local government authority. 

3. Aerial inspection/photography of residential/commercial utility infrastructure including but 

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

4. 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. 

5. The ability to offer training to persons individually or belonging to both private and/or 

public organizations that have interests in the use and application of a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of the persons and property. 

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's (the FAA Administrator's) responsibilities to " .... establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 
Regulations from Which the Exemption Is Requested: 

These Exemptions are further detailed in the Addendum 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR61.113 (a) & (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 

14CFR91.151 (a) 

14 CFR 91.203 (a) &(b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

Equipment to be operated is the DJI Phantom 3, 81000, 8900, and Inspire 1, with a total weight of 

2935g or 6.471bs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 

11.85inch. Under still air the maximum speed is no more than 22m/s or 49mph with a cruising 

speed of 11 m/s or 25m ph. The OJI Inspire 1 has the ability to hover and move along a vertical 

and horizontal plane simultaneously. The DJIInspire 1 has four motors, Motor Model OJI 3510, 

powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer battery. There are four propellers, 

Propeller Model DJI1345, in use. The DJIInspire 1 will be controlled with the C1 remote 

controller with an operating frequency of 2.400GHz -2.483GHz. The live video feed will have an 

operating frequency of 5.728GHz -5.850GHz. The applicant will operate the UA8 in line of sight 

within a closed off and predetermined area owned and/operated by the property representative. 

Given the small size of the UA8 and the controlled environment provided the proposed operations 

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

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, the grant of 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 operation limitations proposed for an 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 as set forth in the Flight Operations 

Manual (FOM) include: 

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

Observer (VO ). 

2. The UAS will weigh less than 551bs. 

3. The UAS will have a maximum operating speed of no more than 50mph. 

4. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first. 

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned. 

6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) 

and may include but not limited to a Camera Operator. 

7. The UAS pilot will be a designated Pilot in Command (PIC) and hold a Medical Certificate. 

If the PIC feels another operator to be qualified with the necessary skills to be PIC & Class 

Medical Certificate, that person may be designated PIC provided they have a minimum of 

20 hours of flight time with the UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each day's 

flight consisting of all the days' production activities. 

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

10. The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport. 

11. If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted 

advising them of the estimated flight time, flight duration, elevation of flight and other 

pertinent information. 

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

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

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

13. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 1 00 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOM. With the advanced permission of the 

FSDO, operations at closer range may be approved. 

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 

16. Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agencies. 

17. If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated location 

and land autonomously. 

18. The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies. 
Sincerely, 

Claude 

?t~d' Auguste 

1 Man 1 Drone 

10625 Old Hammock Way Wellington, FL 33414 

Phone# (954) 263 9610 

Email: Claudeauguste@yahoo.com 
ADDENDUM 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

I, Claude Auguste request an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operations of the OJI Phantom, OJI Phantom 2 

Vision +, OJI Phantom3, QJI Inspire 1, and the OJI 8900: 

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 UA to be utilized by the Petitioner, 

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

under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and 

Section 333 of the FMRA 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 UA. In all cases, an analysis of 

these criteria demonstrates that the UA 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 UA to be operated hereunder is less than 

55 lbs. fully loaded, is by definition unmanned and carries neither a pilot nor passenger, carries 

no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the Operator and will also remain within the requirements of, and in compliance 

with, local public safety requirements. These safety enhancements, which already apply to civil 

aircraft provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UA due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. 45.23 (b). Marking of the Aircraft 

The regulation requires; When marks include only the Roman capita/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 a/so 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 UA will have no airworthiness certificate, an exemption may be needed as the 

UA will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" 

can be placed. Given the size of the UA, two-inch lettering will be impossible. 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 UA marked on its fuselage as required by 45.29 (f) 

where the pilot, observer and others working with the UA will see the identification of the UA as 

"Experimental. " 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167 A. 

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 and the requirements contained herein for the use of safety check lists prior to each 

flight, an equivalent level of safety will be provided. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation; the 

documentation would not be available to the crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for, flight. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299,9299A,9565,95658, 10167, 10167A, 10602, 32827,and 10700. 
..... --------------~ 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act 

as pilot in command of an aircraft in connection with any business or employment if: ( 1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either 

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 1 0 hours of flight 

experience in this type of UA, or 

2. Meet the requirements of 8900.227 para 16(c)(2){c) "Operations without a pilot certificate" in 

which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA 

Private Pilot written examination." Since there are currently no means available for the pilot of a 

UA to gain the experience in an equivalent category and class in order to apply for a private 

pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to 

complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private Pilot 

written examination in addition to completing the private pilot requirements. Since the aircraft 

cannot carry passengers or property, we feel that we meet the intent of 61.113 Subparagraph 

{b) even though the intent of this application is to conduct a business. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

The UA 's ground-based control station consists of a small hand-held radio transmitter and while 

it does not offer a second set of "controls", both the student and instructor can, and will, operate 

the single set of controls simultaneously. With both student and instructor having "hands-on" 

the controls during flight, we feel that this technique meets the intent 91.109 and provides an 

equivalent level of safety. 
14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at 

a maximum of 400 feet AGL, we cannot comply with this requirement. 

In order to provide an equivalent level of safety The UA 's will not be operated over congested 

areas or over any open air assembly of persons with prior approval. Any property owner 

affected will be briefed on the expected route of flight and the associated risks to persons and 

property on the grdund. The aircraft will be operated at a low altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the 

exemption. 

14 CFR 91.121 Altimeter Settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 1 00 NM of the aircraft. 

The UA wi/1 always fly below 400 feet AGL and will not need to maintain cruising altitudes in 

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement 

above the takeoff point is transmitted via radio from the VA'S on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. 

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to 

landing. Each UA is battery operated and the maximum duration of flight from a single battery 

charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from 

the point of intended landing, a full battery charge at launch will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for 

an equivalent interpretation with the word "energy". 
14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 

43. 7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." As provided in the Pre-Flight Checklist 

in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on -board computer. All other 

maintenance will be performed by the manufacturer or their designated repair facility. The PIC 

will document work performed in accordance with 91.417. We feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. 

The UA's maximum gross weight are each less than Bibs., are constructed primarily of, plastic 

and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. 

Given the unlikely event that both the PIC and VO become medically incapacitated while the 

aircraft is in flight, the VA will return autonomously to the site of launching and land without crew 

intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as 

commercial pilot carrying passengers in a large aircraft is an unnecessary burden. 

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 

20120 and a valid, state issued driver's license. The 20120 vision requirement will ensure that the 

PIC and VO n see and avoid air traffic; a licensed driver is medically qualified to operate a much 

larger vehicle. 
--------------------

APPENDIX A- FLIGHT OPERATIONS/PROCEDURES 

The UA's will be operated under the following flight restrictions. 

OPERATIONAL FLIGHT RESTRICTIONS 

The UA will be operated in the field with both a PIC and a VO in accordance with and with the 

following Restrictions: 

• All operations must occur in FAA Class G airspace at no more than 400ft AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

• All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

• The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

• 61.51 (b), 1 0 hours of total time as a UA rotorcraft pilot and at least 5 hours logged as a 

UA pilot with a similar UA type; 

• The UA will not be operated over densely populated areas; without prior approval. 

• The UA will not be operated over any open-air assembly of people; without prior 

approval. 

• The UA will not be operated within 5 NM of an airport or heliport; without prior approval. 

• Operations will be restricted to day only and weather conditions equivalent to VFR; 

• The PIC will brief the VO and property owner about the operation and risk before 

operation 

• No flight will be made without a Pre-Flight Inspection by the PIC before each operation 

to ascertain that the UA is in a condition safe for flight 

PRE-FLIGHT CHECKLIST 

Prior to operation preflight checklists provided by the manufacturer of the UA's will be followed. 

Below is such an example. 

1. Remote Controller, smart battery, Range Extender and smartphone are fully charged. 

2. Propellers are mounted correctly. 

3. Damping absorbers are in good condition, not broken or worn. 

4. Camera lens cap has been removed. 

5. Micro-SO card has been inserted if necessary. 

6. Gimbal is functioning as normal. 

7. Motors can start and are functioning as normal. 

8. Smart phone App can connect to the camera. 
.. 

TAKE OFF/LANDING PROCEDURES 

Manufacturer recommended Takeoff and Landing procedures will be followed. 

Place the UA on ground with the battery level indicator facing you. 

1. Power on the remote controller. 

2. Power on the range extender. 

3. Switch the camera to the "WIFI ON" position. 

4. Power on the aircraft by turning on the intelligent battery 

5. Connect the mobile device to the UA, run the Smart phone App to enter the camera preview 

page. 

6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the aircraft is 

initializing and entering the "Ready to Fly"/"Ready to Fly (non-GPS)." state. Then proceed to 

execute the esc command to start motors. 

7. Push the throttle stick up slowly to lift the aircraft off the ground. 

8. When landing, be sure to be hovering over a level surface. Pull down on the throttle stick 

gently to descend and land. 

9. After landing the aircraft on the ground, keep the throttle stick at its lowest position for about 3 

to 5 seconds which will automatically stop the motors. 

FAILSAFE FUNCTION 

The UA will enter Failsafe mode when the connection from the remote controller is lost. The 

flight control system will automatically control the aircraft to return to home and land to reduce 

injuries or damage. The following situations would make the aircraft fail to receive a signal from 

the remote controller and enter Failsafe mode: 

1. The remote controller is powered off. 

2. The aircraft has flown out of the effective communication range of the remote controller. 

3. There is an obstacle obstructing the signal between the remote controller and the aircraft, 

essentially reducing the distance the signal can travel. 

4. There is interference causing a signal problem with the remote controller. 

APPENDIX B-USER'S MANUALS DJI PHANTOM 2 VISION +, DJI Phantom3, DJIInspire 

1, and DJI S900 

Users Manuals for each of these systems can be downloaded here. 

A copy is kept with each UAS. 

http://www.dji .com/productlspreading-wings-s900/download 

http://www.dji.com/product/phantom-3-pro/info#downloads 

http://www.dji.com/product/inspire-1/info#downloads