Gullviews Aerial Photography

Attn: Thomas Hale

PO Box 1891

Cotuit, Ma. 02635

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 61.113(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 Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR 

Part 11, Gullviews Aerial Photography, operator of an Unmanned Aircraft System (UAS), hereby applies for 

an exemption from the listed Federal Aviation 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.

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

would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, architecture,

 land surveying, engineering and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public events,

 cinematography and news gathering.

Aerial inspection/photography of residential/commercial structures under contract with the owners

 or local government authority.

Aerial inspection/photography of residential/commercial utility infrastructure including but not

 limited to electrical power lines, wind turbines and cell towers.

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.

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 (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of such aircraft 

systems in the national airspace system.”
The name and address of the applicant is:

Gullviews Aerial Photography

Attn: Thomas Hale, Director of Operations/Chief Pilot

Phone: 508-982-6970

Email: gullviews@aol.com

Address: PO Box 1891 Cotuit, Ma. 02635

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (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

14 CFR 91.151 (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)

Gullviews Aerial Photography will operate the DJI Phantom 2, Model P330Z, with a total weight of 2935g or 

6.47lbs. The dimensions are 16.00 inch X 16.00inch X 8.5inch. Under still air the maximum speed is no more 

than 15m/s or 33.55mph with a cruising speed of 10m/s or 22.37mph. The DJI Phantom 2 has the ability to 

hover and move along a vertical and horizontal plane simultaneously. The DJI Phantom 2 has four motors, 

Motor Model DJI 3510, powered by a 6-cell 5200mAh Lithium Polymer battery.

There are four propellers, Propeller Model DJI 1345, in use. The DJI Phantom 2 will be controlled with the 

DJ6 remote controller with an operating frequency of 2.404GHz –2.476GHz. The live video feed will have an 

operating frequency of 5.728GHz –5.850GHz. The applicant will operate the UAS in line of sight within a 

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

Given the small size of the UAS 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: The UAS will weigh less than 55 lbs.

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

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO).

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.
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.

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.

The UAS pilot will be a designated Pilot in Command (PIC) and hold a Pilot’s License along with 

a Third or higher Class Medical Certificate. If the PIC feels another operator to be qualified with 

the necessary skills to be PIC & possess a Pilot’s License along with a Third or higher Class 

Medical Certificate, that person may be designated PIC provided they have a minimum of 20 

hours of flight time with the UAS.

A briefing will be performed regarding the planned UAS operations prior to each day’s flight

consisting of all the days’ production activities.

All flights will occur under Visual Flight Rules Meteorological Conditions (VFR) only.

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.

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.

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 100 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.

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.

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

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.

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.

The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

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 is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

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 tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public safety
requirements. These safety enhancements 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 UAS, 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 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. 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.”

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. Gullviews Aerial Photography may 

achieve an equivalent level of safety as achieved by current Regulations because the applicant’sUAS do not carry 

any pilots or passengers nor property. The risks attendant to the operation of UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Pilot’s License along 

with a current Third Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.113 (a) & 

(b). I feel the operation and limitations set forth in the FOM will equate to the safe operation of the UAS.

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 for maintenance 

and use of safety check lists prior to each flight an equivalent level of safety will be provided.

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. The UAS, given its size and configuration has no ability or place to 

carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by 

keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate 

access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including 

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

performance data before initiation of flight.
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 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 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.

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 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the UAS will never operate at higher than 400 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 pre-obtained 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 permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the filming 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 maximum 55lbs. proposed herein and the lack of 

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

conventional aircraft operating at or below 500 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.

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 may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may 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.

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 30 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. 

Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the
exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power— whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

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 no more than 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 the UAS. 

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

pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 

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 pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved 

because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a 

limited period of time. If mechanical issues arise the UAS can land immediately and 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 maintenance, and keep a log of any maintenance performed. Moreover, 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. 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 the FOM, the operator 

will ensure that the UAS is in working order prior to initiating flight and perform required maintenance needed.

Additional Information

The applicant, Thomas Hale, DBA Gullviews Aerial Photography has been involved in the building and piloting of 

remote controlled aircraft for more than 40 years. Also the primary pilot, Thomas Hale, currently holds an 

Airline Transport Pilots Certificate. Thomas Hale has an in-depth understanding of the capabilities and safety 

concerns involved in using this technology as an asset to the community. Satisfaction of criteria provided in 

Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested 

exemptions allowing the commercial operation of the applicant’s UAS.

Sincerely,

Thomas Hale