January 1, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue SE 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act 

Petitioner: Janis L. Powell

Matrix PhotoVideo, LLC

PO Box 693

Laconia, NH 03247

Phone: 207-370-9696

To Whom It May Concern:

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and 

Reform Act of 2012 and 14 CFR Part 11, Matrix PhotoVideo, LLC requests an exemption 

from the Federal Aviation Regulations (FARs) identified below, to allow commercial 

operations of small unmanned aerial systems (sUAS). This exemption is in accordance with 

protocols outlined in this petition for exemption, pursuant to Section 333 of the Modernization 

and Reform Act of 2012. 

This exemption will permit commercial operation of sUAS’s, weighing less than 25 lbs, to 

provide photography and videography service to clients for the following applications:

• Real estate

• Marketing

• Promotion of tourism

• News gathering

• Search & rescue

• Special events

• Industrial/construction inspections

• Education

• Sports 

• Private for-hire requests

Summary

Matrix PhotoVideo, a photography and video production company, provides clients with photo 

and video related services for a variety of applications to include: real estate, marketing,

tourism, news gathering, search & rescue operations, special events, industrial/construction

operations, education, sports, and private for-hire requests. Matrix PhotoVideo requests an 

exemption Pursuant to Section 333 of the Federal Aviation Administration (FAA) 

Modernization and Reform Act of 2012 and 14 CFR Part 11 to allow commercial operation of 

Small Unmanned Aircraft Systems (sUAS) in airspace regulated by, and under the conditions

established by, the Federal Aviation Administration (FAA). Matrix PhotoVideo operations

under the exemption will be subject to strict operating requirements and conditions to ensure 
safety at all times and under conditions as may be modified from time to time by the FAA.

Relief Desired

Matrix PhotoVideo requests relief from the following regulations: 

14 CFR 21, subpart H

14 C.F.R. 61.101(e)(4), (5), & (6)

14 C.F.R. 61.113 (a)&(b), 61.315(b)(2)

14 C.F.R. 91.9(b)(2) 

14 C.F.R. 91.119 (c)

14 C.F.R. 91.121

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.205(b) 

14 C.F.R. 91.215 

14 C.F.R. 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2),91.417(a) and (b)

14 C.F.R. 21, subpart H, 14 C.F.R. 91.203(a) & (b) - CERTIFICATION	PROCEDURES	FOR	

PRODUCTS	AND	PARTS,	CIVIL	AIRCRAFT:	CERTIFICATIONS	REQUIRED

Airworthiness certificates are not currently issued to sUAS. The petitioner will comply with 

the manufacturer manual in regard to inspection and determination of sUAS airworthiness. The 

sUAS will be registered with the FAA and properly identified with an assigned registration

number.

14 C.F.R. 61.101(e)(4), (5), & (6), 14 C.F.R. 61.113 (a)&(b), C.F.R. 61.315(b)(2) – PILOT	

PRIVILEGES	AND	LIMITS

The petitioner is requesting exemption to allow commercial operations. Additionally, such 

operations may include operating at night to meet the needs of clients for night photography 

and videography. Night operations include additional safety measures for sUAS, including 

appropriate navigational lights for visibility. 

14 C.F.R. 91.9(b)(2) - CIVIL AIRCRAFT FLIGHT MANUAL, MARKING, AND PLACARD 

REQUIREMENTS

Due to the size and nature of sUAS, the operating manual will not be on board the sUAS but 

instead be readily available to the operator. The operator will comply with all operating 

procedures and limitations as defined in the manufacturer operating manual. 

14 C.F.R. 91.119 - MINIMUM	SAFE	ALTITUDES:	GENERAL

Some of the requested photography/videography needs of clients relate to towers, buildings, or 

other structures exceeding 400 ft AGL. Under these circumstances, flight operations will be 

less than 1500 feet horizontally, and no more than 100 ft vertically above a target structure 

(i.e.: tower or building). Given the distance requirements of manned aircraft, there is sufficient 

separation of activity to prevent an in-air safety hazard under such circumstances. Under all 

other circumstances, sUAS shall not exceed 400 feet altitude.

14 C.F.R. 91.121 - ALTIMETER	SETTINGS

The sUAS does not utilize an altimeter and instead uses GPS and barometric pressure to 

determine height above ground.

14 C.F.R. 91.205(b) - INSTRUMENT	AND	EQUIPMENT	REQUIREMENTS

Due to the nature of sUAS, the operating data available is from GPS and barometric pressure 
and includes ground speed, height above ground, direction, distance from the controller, 

battery level and voltage, and available flight time. The sUAS has programmable safety 

features to support the prevention of any potential safety conflicts.

14 C.F.R. 91.215 - ATC	TRANSPONDER	AND	ALTITUDE	REPORTING	EQUIPMENT	AND	

USE

The sUAS does not have a transponder or code capability. The majority of operations do not 

occur at an altitude within Class A, B, or C airspace. In the situations where there is an 

exception to this, or where the desired airspace of operation extends to ground level, approval 

and coordination will be required with the governing agency prior to engaging in any flight 

activity.

14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2),91.417(a) and (b) – MAINTENANCE

The petitioner will inspect the small UAS before each flight to ensure it is in a condition to be 

operated safely in accordance with the operating manual.

sUAS Device

The current sUAS devices to be operated are DJI Inspire 1s and are less than 25 pounds. The 

Inspire 1 has failsafe modes of operation for either loss of radio control, GPS signal, or low 

battery level. Altitude can be limited by the onboard flight controller and maximum altitude 

can be programmed by the operator. Battery life limits flight times to approximately 25 

minutes. The onboard flight controller will warn the pilot before reaching a low battery state. 

An automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined state. Flights most typically last less than 20 minutes. 

Benefit to the Public

Matrix PhotoVideo’s sUASs are the ideal platform for providing services to clients due to their 

smaller size, less costly operation, reduced operator fatigue, and reduced noise. This provides 

for less environmental impact and ease in ensuring public safety. sUAS operations enable 

service for clients seeking an enhanced perspective for characteristics, amenities, and benefits 

of their desired photographic subjects that cannot be displayed through ground level 

videography/photography or through larger manned aircraft. Aerial photography and 

videography via sUAS is a valuable marketing tool for many businesses, increasing

competitiveness in the market and it provides individual and family clients with the personally 

desirable recording of life’s events.

Privacy

Consistent with all applicable United States legal requirements and Matrix PhotoVideo’s

required level of professionalism and integrity, utmost care will be given to protect individual 

privacy. sUAS flights will occur: over private or controlled access property with the proper 

authority’s consent and knowledge, include only people who have consented or otherwise have 

agreed to be in the area where sUAS activity will take place, or in cases within the public 

domain, including events, diligence and care shall be applied to appropriately protect privacy. 
Safety and Operations

Under the requested exemption, the petitioner ensures all operators comply with applicable 

regulations and guidance documents including aeronautical background information such as 

charts, NOTAMS and aircraft circulars, radio communications procedures, human factors and 

crew resource management, basic sUAS aerodynamics, weather factors, airmanship and 

decision-making and safe operations procedures. 

Operation under this exemption will be subject to strict operating requirements and conditions 

to ensure safety of all persons and property:

• sUAS devices will only be operated by a holder of a FAA issued private, recreational, or 

sport pilot certificate, must include a pre-flight review to include review and consideration of 

all flight characteristics in advance of any operation, a preflight inspection of sUAS 

airworthiness, and knowledge of safe operations and limitations as defined by the sUAS 

manufacturer.

• Crew for each operation shall consist of a sUAS operator and will include a visual sUAS 

observer as projects require in accordance with Section 333.

• sUAS devices will only be used in line-of-sight of an operator and/or observer. Such 

operations will ensure that sUAS devices will “not create a hazard to users of the national 

airspace system or the public.” 

• Flights will be terminated with sufficient battery reserves to ensure enough flight time to 

safely land the sUAS. 

• Flying a sUAS within five (5) miles of an airport is by exception only. The appropriate 

airport controlling office will be notified and coordinated with to ensure safety and separation 

from manned aircraft at all times; the operator will give the right-of-way to avoid flying in the 

proximity of full-scale aircraft. Maximum flight time for each operation will be 30 minutes or 

less. 

• The sUAS will not be operated at an altitude that exceeds 400 feet AGL, and not more than 

200 feet above an elevated platform from which any videography or photography is planned. 

• The petitioner requests an exception for photography/videography needs of clients with 

towers, buildings, or other structures requiring inspection that exceed 400 ft AGL. 

Under these circumstances, flight operations will be less than 1500 feet horizontally, and

no more than 100 ft vertically above a target structure (i.e.: tower or building). Given the 

distance requirements of manned aircraft, there is sufficient separation of activity to 

prevent an in-air safety hazard under such circumstances.

• The sUAS will operate at speeds of no more than 60 knots.

Closing

The granting of an exception under Section 333 to Matrix PhotoVideo will allow the business 

to meet the aerial photography and videography needs of clients through efficient, limited, 
low-risk commercial sUAS operations for the activities stated in this petition, respecting at all 

times the space and privacy of citizens and property while maintaining safety within the 

operating airspace.

Respectfully,

Janis L. Powell 

Matrix PhotoVideo, LLC