Kevin	Wainscott

3001	Nottoway	Ct.	

Union,	KY	41091

859-443-2706

kkwainscott@gmail.com

August	6,	2015

U.S.	Department	of	Transportation,	Docket	Operations	West	Building	Ground	Floor,	

Room	WI2-140	

1200	New	Jersey	Avenue,	SE	

Washington,	DC	20590

Kevin	Wainscott	Submission	of	Request	for	Authorization	to	Conduct	

Unmanned	Aircraft	Systems	Operations	Allowed	by	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012	Through	the	Exemption	Process	Identified	

Under	14	C.F.R.	§	11.81.

Dear	Sir/Madam,	

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of2012	

(The	Reform	Act),	Kevin	Wainscott	("Petitioner"),	hereby	applies	for	an	exemption	

from	the	Federal	Aviation	Regulations	(FARs)	to	allow	commercial	operation	of	an	

unmanned	aerial	system	(UAS)	for	aerial	photography	and	videography	in	

advertising	campaigns	within	the	United	States	National	Airspace	System	(NAS)	so	

long	as	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	is	separate	from	any	Certificate	of	Authorization/Waiver	(COA)	

requested.	

Section	333	of	The	Reform	Act	allows	the	Secretary	of	Transportation	to	

determine	if	certain	UAS	may	operate	safely	in	the	national	airspace	based	on,	"their	

size,	weight,	speed,	operational	capability,	proximity	to	airports	and	populated	

areas,	and	operation	within	visual	line	of	sight..	"	as	to	not	create	a	hazard	to	users	of	

the	national	airspace	system	or	the	public,	and	not	pose	a	threat	to	national	security.	

Pursuant	to	14	C.F.R.	§	11.8	I,	contained	within	is	detailed	information	on	why	the	

approval	of	the	request	is	in	the	best	interests	of	the	public	and	how	the	approval	

will,	"	..	.	provide	a	level	of	safety	at	least	equal	to	that	provided	by the	rule	from	

which,"	exemption	is	sought.

Thank	you	for	your	time	and	consideration	in	this	matter,

Kevin	Wainscott
Table	of	Contents

 Background

 Training	and	Operations

 Regulations	- Exemptions	Requested

a. 14	CFR	Part	21	Subpart	H;	14	CFR	§ 91.203	(a)	(1):	

Airworthiness	Certificates

b. 14	CFR	§	61.113	(a)	and	(b)	and§	61.133(a)(l)(ii):	

Private	and	Commercial	Pilot	Privileges	and	Limitations

c. 14	CFR	§	91.7(a):	Civil	Aircraft	Worthiness

d. 14	CFR	§	91.9	(b)(2):	Civil	Aircraft	Flight	Manual

e. 14	CFR	§	91.109:	Flight	instruction

f. 14	CFR	§	91.119:	Minimum	Safe	Altitudes

g. 14	CFR	§	91.121:	Altimeter	Settings

h. 14	CFR	§	91.151(a):	Fuel	Requirements	for	Flight	in	VFR	

Conditions

i.	 14	CFR	§	91.405(a),	§	91.407(a)(1),	§	91.409(a){2)	and§	

91.417(a)	and	(b): Maintenance	Inspections

 Public	Interest	and	Safety

 Federal	Register	Summary
I. Background

Petitioner	has	provided	commercial	photography	and	videography	for	advertising,	

corporate	publications,	catalogs,	charities	and	websites for	nearly	two	years.	

Petitioner	continually	seeks	to	bring	new	technology,	techniques,	and	creative	

methods	to	clients	in	order	to	maximize	the	effectiveness	of	advertisement	

campaigns.	In	order	to	continue	to	provide	the	best	in	advertising	campaigns,	

Petitioner	seeks	regulatory	exemptions	that	will	allow	Petitioner	to	employ	UAS	

technology	in	the	photography	and	videography	process.

II. Training	and	Operations

The	Aircraft:	3DR	SOLO

Design:

The	3DR	Solo	is	comprise	of	a	UAS	and	a	transportable	ground	station.	It	is	a	quadcopter	that	is	equipped	with	4	rotors	that	are	driven	by	electronic	motors	and	

powered	by	batteries.	The	3DR	Solo	uses	two	Linux	computers	under	the	shell	of	the	

quad-copter	and	the	controller	making	Solo	the	first	smart	drone.	It	is	

approximately	18	inches	from	motor	to	motor	across	and	10	inches	high.

Aircraft	Performance/Specifications:

• Flight	Controls:

Primary:	GPS	guided autopilot	(lock	into	at	least	7 satellites)

Backup:	Standard	flight	controls	that	combine	gyro,	accelerometers,	

barometer	and	compass	for	navigation and	orientation	when	flying	in	a	manual	

setting.

• Power	Supply:	Battery	- Lithium-Polymer	5200	mAh,	14.8	vDc

• Speed:	

Cruise	Speed	:	5.7	mph	(2.5m/s)

Maximum	Speed:	55mph	(25.5m/s)

Maximum	Climb	Rate:	11	mph	(5.0m/s)

Maximum	Descend	Rate:	5.5	mph	(2.5m/s)

Headwind	Limitation: 25	mph	(11m/s)

Crosswind	Limitation: 25	mph	(11m/s)
• Flight	Time:	Maximum	of 25	minutes

• Weight:	Approximately	3.3 lbs.	Including	battery	and	propellers.

Aircraft	Registration:	

The	UAS	will	be	identified	by	serial	number	and	registered	in	accordance	with	14	

C.F.R.	§	47,	and	have	an	identification	markings	in	accordance	with	14	C.F.R.	§	45	

Subpart	C.	These	markings	will	be	made	as	large	as	is	practicable	on	the	UAS	in	

accordance	with	14	C.F.R.	§	45.29	(f).

Maintenance	Standards:

- Pilot	in	charge	(PIC)	must	determine	whether	UAS	is	in	condition	for	safe	flight.

- Pre	and	post	flight	inspections	will	be	routinely	conducted.	

- Maintenance	will	be	performed	in	accordance	with	the	manufacturer's	guidelines	

and	by	certified	technicians.	

- All	inspections	and	maintenance	will	be	documented	in	house.	

- After	maintenance,	certified	technicians	will	verify	the	UAS	is	ready	for	flight.

PIC	Training:

PIC	will:

Meet	the	minimum	flight	hour	requirements	required	by	the	FAA	in	Exemption	No.	

11062	(Astraeus)	and	in	a	manner	consistent	with	14	C.F.R.	§	61.51	(b	),

Defined below

• Flight	hours:	PIC	must	complete	25	hours	of	total	time	as	a	UAS

rotorcraft	pilot.	Included	in	these 25	hours,	the	PIC	must	log	at	least	10 hours	

as	a	UAS	pilot	with	a	multi-rotor	UAS	and	at	least	5	hours	operating	the 3DR	

SOLO.	Training,	proficiency,	and	experience building	flights	can	also	be	

conducted	under	the	grant	of	exemption	to accomplish	the	required	flight	

time.	During	training,	proficiency,	and experience-building	flights,	the	PIC	is	

required	to	operate	the	UAS	within	appropriate	distances	in	accordance	with	

14	C.F	.R.	§	91.119.	Pursuant	to	Exemption	No.	11138	(Trudeau).

• Skills:	The	PIC	must accomplish	3	take-offs	and	landings	in	the	

preceding	90	days	(for	currency	purposes).

• Manufacturer's	Certification	and	Training:	PIC	must	review	all	3DR	

Solo	manuals,	training	and	quick start	guides,	and tutorials.	These	will	be	
updated	from	time	to	time	and	PIC	is	required	to	keep	up	to	date	with	these	

manuals,	guides,	and	tutorials.

• Prior	Documented	Flight	Experience:	Prior	documented	flight

experience	that	was	obtained	in	compliance	with	applicable	regulations	will	

satisfy	the	flight	hour’s requirement.

Visual	Observer:

- Must	complete	all	training	contained	in	Operating	Documents.

- Must	maintain	sight	of	UAS	at	all	times.

Operations	Execution

Given	the	fact	that	commercial	UAS	operations	are	restricted	due	to	the	lack	of	

regulations,	a	logical	and	safe	solution	is	to	utilize	the	parameters	of	model	aircraft	

operation	outlined	in	Section	336	of	PL	112-95	as	well	as	other	guidelines	found	

within	14	C.F.R.	

The	following	list	provides	specific	rules	and	guidelines	all	Petitioner	UAS	

operations	will	adhere	to	in	order	to	ensure	at	least	an	equivalent	or	higher	level	of	

safety	when	compared	to	manned	aircraft	performing	the	same	functions	as	

outlined	in	14	C.F.R.:

1) All	flight	crews	will:

• Be comprised	of	a	minimum	of	3	members.	One	for	piloting,	one	for	

visual observation,	and	one	for	camera	operation.

• Perform pre	flight	operations	to	ensure	the	safety	of	the	flight	in	

accordance	with C.	F.R.	§	91.103	(b)	(l)	and	(2),	excepting	the	Aircraft	and	Rotorcraft	

Manual requirements	of	the	regulation,	including	reviewing:

• Weather	such	as	wind	speeds	that	will	affect	the	flight	or	cloud	cover	

and	sun	glare	that	will	affect	visibility	of	the	UAS	or	other	aircraft;

• Flight	battery	requirements;

• Landing	and	take-off	distances;

• Aircraft	performance	data;	and

• Relevant	site-specific conditions.

• Schedule	flight	in	a	daily	production	sheet.

• Informs all	persons	on	site	of	the	flight	plan	and	the	UAS's	operation.
2) All	flight	operations	will:

• Fly	below	400	feet	and	remain	clear	of	surrounding	obstacles.

• Keep	the	aircraft	within	visual	line	of	sight	at	all	times.

• Remain	well	clear	of	and	not	interfere	with	manned	aircraft	

operations.

• Not	fly	within	5	miles	of	an	airport	unless	contact	is	made	with	the	

airport	and	control	tower	before	flying.

• Not	fly	near	groups	of	people,	stadiums	or	members	of	the	general	

public.

• Be	conducted	using	a	UAS	weighing	less	than	55	lbs.

• Not	fly	in	a	careless	or	reckless	manner.

• Limit	flight	to	days	when	weather	will	not	create	unnecessary	safety	

risks.

• Limit	flight	to	remote	areas	away	from	the	public,	and	if	possible	

conducted	on	a	closed	set.

• Be	conducted	with	the	permission	of	property	owner	or	controller	

where	the	flight	is	taking	place.

• Have	a	predetermined	flight	plan	that	all	crew	members	are	aware	of.

• Take	place	500	feet	away	from	non-participating	persons,	vessels,	

vehicles,	and structures.	Non-participating	means	those	persons,	vessels,	

vehicles,	and	structures that	are	not	associated	with	the	UAS	photography	or	

videography	production.

• Brief	participating	persons	on	the	potential	risks	of	the	proposed	

flight	operations. Participating	persons	must	acknowledge	and	accept	the	

risks.

• Utilize	a	barrier	including	terrain	features,	obstructions	or	buildings	

for	non-participating	persons	in	the	event	the	UAS	will	fly	closer	than	500	

feet	to	them. Pursuant	to	Exemption	No.	11189	(Video	Solutions).

• Conduct	flight	at	a	safe	distance	from	pa11icipating	persons	as	to	not	

present	an	undue	hazard	to	the	essential	person.
• Be	conducted during	daylight.

For	safety,	the	UAS	is	equipped	with	preprogrammed	and	user	programmable	flight	

limits.	GPS	coordinates	for	Restricted	Flight	Areas	including	all	airports	worldwide	

are	preprogrammed	into	the	UAS.	The	UAS	will	not	take	off	or	fly	in	these	restricted	

areas	in	either	mode	of	navigation	and	if	flown	into	restricted	airspace,	will	

automatically	descend	and	land.	

The	UAS	is	also	equipped	with	user	programmable	flight	limits.	The	programmable	

flight	limit	functions	allows	the	UAS	pilot	to	set a	"maximum	distance	from	a	home	

point,"	(generally	the	location	of	the	pilot),	and	a	maximum	altitude	that	the	UAS	

will	not	fly	beyond,	in	Petitioner's	case,	the	UAS	will	be	programmed	to	allow	for	the	

distance	of	required	filming,	but	no	further.

3) Emergency	Procedures:	Failsafe	Mode

•	Pilot	Activated	or	Loss	of	Communication

The	3DR	Solo is	equipped	with	failsafe	mode.	Failsafe	mode	is	activated	if	

communication	between	the	RC	controller	is	broken	or	if	the	pilot	activates	it.	It	

causes	the	aircraft	to climb	to	a	programmable	altitude	that	is	set	by	the	

operator	to	avoid	obstacles,	and	fly	at	that	altitude	to	a	preset	"home	point",	

which	will	generally	be	the	takeoff	location,	and	land.

•	Loss	of	Power

The	3DR	Solo is	also	equipped	with	failsafe	protection	in	the	event	the	battery	is	

running	low.	The	aircraft	will	monitor	the	battery	level	throughout	the	flight	and	

if	the	battery	reaches	a	level	of	35%,	the	UAS	will	communicate	with	the	pilot	via	

a	flashing	red	screen	and	alert	with	voice	on	the	3DR	Solo app,	which	is	used	on	

a	smart	device	via	WiFi,	as	well	as	flashing	red	lights	on	the	aircraft	itself.	The	

3DR	Solo app	is	used	in	conjunction	with	the	RC	controller.	Once	the	UAS	

reaches	a	battery	level	of	25%,	the	UAS	will	enter	failsafe	mode,	return	to the	

home	point,	and	land.

III. Regulations	-Exemption	Requested

Pursuant	to	14	CFR	§	11.81	(b)	and	(	e	),	Petitioner	seeks	exemptions	from	the	

below	mentioned	regulations	and	provides	reasons	as	to	why	the	exemptions	

should	be	approved	based	on	the	level	of	safety	at	least	equal	to	what	the	rule	

requires.
a. 14	C.F.R.	§	21	Subpart	H;	14	C.F.R.	§	91.203	(a)	(1):	Airworthiness Certificates

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	

requirements	for	the	issuance	of	airworthiness certificates	as	required	by	14	

C.F.R.	§	91.203	(a)	(1).	An	exemption	from	14	C.F.R.	§	21	subpart H	meets	the	

requirements	of	an	equivalent	level	of	safety	under§	11	and§	333	of	The	

Reform	Act	considering	the	UAS's	"size,	weight,	speed,	operational	capability	

and	proximity	to	airports	and	populated	areas	...	"	

The	UAS	measures	18	inches	from	motor	to	motor	across	and	10	inches	tall.	

It	weighs	just	3.3lbs.,	can	achieve	a	maximum	flight	speed	of	just 55mph, and	

a	maximum	flight	time	of	25	minutes.	It	does	not	carry	passenger,	pilot,	or	

flammable	or	explosive	materials,	liquids,	or	fuels.	As	stated	in	the	

Operations	Execution	section	above,	the	UAS	will	operate	in	compliance	with	

the	model	aircraft	operation	parameters	and	will	be	programmed	before	

each	flight to	only	the	areas	necessary	for	Petitioner's	specific	job.	Further,	

the	UAS	is	able	to	respond	to	a	loss	of	GPS,	controller	communication,	or	

battery	power	with	a	pre-coordinated,	predictable,	automated	flight	

maneuver	known	as	fail	safe	mode.	These	safety	features	provide	an	

equivalent	level	of	safety	compared	to	a	manned	aircraft	holding	a	restricted	

airworthiness	certificate	performing	a	similar	operation.

b. 14	C.F.R.	§	61.113	(a)	and	(b)	and§	61.133(a)(l)(ii)-Private	and Commercial	

Pilot	Privileges	and	Limitations

14	C.F.R.	§	61.113	(a)	and	(b)	states	that,	"(a)	...	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;	nor	may	that	

person,	for	compensation	or	hire,	act	as	a	pilot	in	command	of	an	aircraft	(b)	

A	private	pilot	may,	for	compensation	or	hire,	act	as	a	pilot	in	command	of	an	

aircraft	in	connection	with	any	business	or	employment	if:	(l)	The	flight	is	

only	incidental	to	that	business	or	employment	(2)	The	aircraft	does	not	

carry	passengers	or	property	for	compensation	or	hire."	14	C.F.R.	§	61.133	

(a)	(1)	states,"	...	A	person	who	holds	a	commercial	pilot	certificate	may	act	as	

a	pilot	in	command	of	an	aircraft	...	(ii)	For	compensation	or	hire,	provided	

the	person	is	qualified	in	accordance	with	this	part	and	with	the	applicable	

parts	of	this	chapter	that	apply	to	the	operation." §61.113	(a)	and	(b)	limits	

private	pilots	to	non-commercial	operations.	But,	because	the	UAS will	not	be	

carrying	a	pilot	or	passengers,	will	operate	in	the	UAS	over	property	which	

they	have	been	granted	permission	by	the	property	owner/controller,	and	

the	airmanship skills	necessary	to	operate	a	UAS	are	not	as	extensive	as	

those	necessary	to	operate	a	commercial	airliner,	an	equivalent	level	of	

safety	can	be	achieved	by	requiring	the	pilot	operating	the	UAS	to	have	a	

private	pilot's	license	and	a	third-class	airman	medical	certificate.	Further,	

the	area	of	operation	of	the	UAS	will	be	controlled	and	restricted	and	all

flights	are	planned	and	coordinated	in	advance	using	the	UAS's	preprogrammed	flight	limits.	Unlike	a	conventional	commercial	aircraft	with	
pilot	and	passengers,	a	UAS	operated	by	a	private	pilot	exceeds	the	level	of	

safety	provided	in§	61.113	and§	61.133.

Petitioner	requests	the	same	relief	as	was	granted	in	Exemption	No.	11172	

(Blue-Chip)	and	Exemption	No.	11062	(Astraeus).

c. 14	C.F.R.	§	91.7(a)-Civil	Aircraft	Worthiness

This	regulation	states	that,	"no	person	may	operate	a	civil	aircraft	unless	it	is	

in an	airworthy	condition."	As	there	will	be	no	airworthiness	certificate	

issued	for	the	aircraft,	should	this	exemption	be	granted,	no	FAA	regulatory	

standard	will	exist	to	determine	airworthiness.	Given	the	size	of	the	aircraft	

and	Petitioner's	maintenance standards,	an	equivalent	level	of	safety	will	be	

provided.

d. 14	C.F.R.	§	91.9	(b)(2)	-Civil	Aircraft	Flight	Manual	in	the	Aircraft

This	section	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	shape	has	no	ability	to	place	or	carry	such	a	flight	

manual	on	the	aircraft.	An	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.

e. 14	C.F.R.	§	91.109	-Flight	instruction

This	section	prohibits	operation	of	a	civil	aircraft,	other	than	a	manned	free	

balloon,	that	is	being	used	for	flight	instruction	unless	the	aircraft	has	fully	

functioning	dual	controls.	

The	majority	of	UAS	and	remotely	piloted	aircraft	by	their	design	do	not	have	

fully	functional	dual	controls.	Generally,	they	are	developed	with	a	single	

operational	control	through	the	use	of	pre-determined	GPS	enabled	

waypoints	programmed	before	flight	in	addition	to	the	use	of	a	single	hand	

held	transmitter	or	control	station	controlled	by	the	pilot.	This	design	does	

not	allow	for	dual	controls	during	flight	training.

An	equivalent	level	of	safety	will	be	ensured	during	training	operations	

based	on	the	size	and	speed	of	the	aircraft	coupled	with	the	lack	of	pilots,	

passengers,	and	flammable	liquids	and	fuels,	by	utilizing	the	same	flight	

planning	process	as	normal	operations.

f. 14	C.F.R.	§	91.119	- Minimum	Safe	Altitudes
This	section	establishes	safe	altitudes	for	the	operation	of civil	aircraft	and	

states,	"[	e	]xcept	when	necessary	for	takeoff	or	landing,	no	person	may	

operate	an	aircraft	below	the	following	altitudes:	...	(	c)	Over	other	than	

congested	areas.	An	altitude	of	500	feet	above	the	surface,	except	over	

open	water	or	sparsely	populated	areas.	In	those	cases,	the	aircraft	may	not	

be	operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure."	

Petitioner	will	achieve	an	equivalent	level	of	safety	because	UAS	operation	

will	be	conducted	below	400	feet	in	accordance	with	the	model	aircraft	

operation	parameters.	In	open	areas,	the	UAS	will	not	be	operated	within	500	

feet	of	any	non-essential	persons,	vehicles,	vessels,	or	structures.	The	UAS	

may	be	operated	within	500	feet	of	essential	flight	personnel	when	

operations	are	necessary,	provided	operations	will	not	cause	an	undue	

hazard	to	an	essential	person.	In	areas,	which	are	not	open	areas,	the	PIC	

shall	make	a	safety	assessment.	If	barriers	or	structures	are	present	that	can	

sufficiently	protect	non-essential	persons	from	the	UAS	or	debris	in	the	event	

of	an	accident,	then	the	UAS	may	operate	closer	than	500	feet	to	persons	

afforded	such	protection,	for	so	long	as	the	persons	remain	under	such	

protection.	The	operator	shall	immediately	cease	operations	in	a	safe	manner	

when	such	non-essential	persons	leave	their	protection	and	the	UAS	is	within	

500	feet.	Petitioner	may	conduct	operations	closer	than	500	feet	to	vessels,	

vehicles,	and	structures	only	when	the	owner/controller	of	any	such	vessels,	

vehicles,	or	structures	grants	permission	for	the	operation	and	the	PIC	makes	

a	safety	assessment	of	the	risk	of	operating	closer	to	those	objects	and	

determines	that	it	does	not	present	an	undue	hazard.

g. 14	C.F.R.	§	91.121	- Altimeter	Settings

This	section	states,"[ e	J	ach	person	operating	an	aircraft	shall	maintain	the	

cruising	altitude	or	flight	level	of	that	aircraft,	as	the	case	may	be,	by	

reference	to	an	altimeter	that	is	set,	when	operating	...	"	

UASs	are	equipped	with	GPS,	which	provides	altitude	and	geo-location	data,	

rather	than	a	barometric	altimeter.	An	equivalent	level	of	safety	will	be	

achieved	by	utilizing	the	3DR	Solo software	during	flight	which	allows	the	

PIC	to	view	real	time	altimeter	readings	via	a	WiFi	signal	to	a	smart	device	

and	by	the	PIC	confirming	the	altitude	of	the	UAS	at	launch	and	in	flight.	

Further,	the	3DR	Solo emergency	procedures	commence	landing	if	contact	

with	the	pilot	is	broken.

h. 14	C.F.R.	§	91.tSl(a)- Fuel	Requirements	for	Flight	in	VFR	Conditions

This	section	states,	"No	person	may	begin	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	- (])	during	the	day,	to	fly	for	at	least	30	minutes	...	"	
This	regulation	is	written	based	on	the	capabilities	of	traditional	aircraft	

which	have	flight	times	of	several	hours	or	greater.	UAS	on	the	other	hand,	

generally	only	have	flight	times	of	an	hour	or	less.	The	3DR	Solo only	has	a	

maximum	flight	time	of 25	minutes.	In	order	to	ensure	an	equivalent	level	of	

safety,	once	the	UAS	reaches	a	power	level	of	no	less	than	25%,	Petitioner	

will	begin	return	to	home	procedures	and	initiate	a	landing	sequence.

i. 14	C.F.R.	§	91.405(a),	§	91.407(a)(l),	§	91.409(a)(2)	and§	91.417(a)	and	(b)-

Maintenance	Inspections

§ 91.405	(a)	states,	"Each	owner	or	operator	of	an	aircraft	- (a)	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	

...	"

§ 91.407	(a)(	I)	states,	"No	person	may	operate	any	aircraft	that	has	

undergone	maintenance,	preventative	maintenance,	rebuilding,	or	alteration	

unless	- (l)	it	has	been	approved	for	return	to	service	by	a	person	authorized	

under§	43.7	of	this	chapter	...	"

§ 91.409	(a)(2)	states,	"Except	as	provided	in	paragraph	(c)	of	this	

section,	no	person	may	operate	an	aircraft	unless,	within	the	preceding	12	

calendar	months,	it	has	had	- ...	(2)	An	inspection	for	the	issuance	of	

airworthiness	certificate	in	accordance	with	part	21	of	this	chapter.	No	

inspection	performed	under	paragraph	(b)	of	this	section	may	be	substituted	

for	any	inspection	required	by	this	paragraph	unless	it	is	performed	by	a	

person	authorized	to	perform	annual	inspections	and	is	entered	as	an	

"annual"	inspection	in	the	required	maintenance	records."

§ 91.417	(a)	and	(b)	states,	"Except	for	work	performed	in	accordance	

with	§	91.	411	and	§91.413,	each	registered	owner	or	operator	shall	keep	the	

following	records	for	the	periods	specified	in	paragraph	(b)	of	this	section	...	

(b)	The	owner	or	operator	shall	retain	the	following	records	for	the	periods	

prescribed	...	"

Given	that	these	sections	and	part	43	only	apply	to	aircraft	with	an	

airworthiness	certificate,	these	sections	will	not	apply	to	Petitioner,	and	

therefore	an	exemption	is	required.	An	equivalent	level	of	safety	can	be	

achieved	because	the	UAS	is	small,	has	a	25	minute	flight	time,	and	will	be	

operated	in	restricted	and	controlled	areas.	Once	the	UAS	reaches	a	power	

level	of	no	less	than	25%,	Petitioner	will	begin	return	to	home	procedures	

and	a	initiate	landing	sequence.	Therefore,	if	mechanical	issues	do	arise,	the	

UAS	will	land	immediately	within	the	controlled	operating	area.	Further,	an	

equivalent	level	of	safety	is	achieved	through	Petitioner's	maintenance	

standards.	Petitioner	will	routinely	conduct	pre	and	post	flight	inspections	
and	maintenance	will	be	performed	in	accordance	with	the	manufacturer's	

guidelines	and	by	ce1tified	technicians.	All	inspections	and	maintenance	will	

be	documented	in	house.	After	maintenance,	certified	technicians	will	verify	

the	UAS	is	ready	for	flight.

IV. Public	Interest	and	Safety

The	Public's	best	interest	is	achieved	by	the	safe	integration	of	UAS	into	the	

NAS.	With	the	ongoing	exemption	process,	the	FAA	has	to	identify	those	

exemption	requests	with	the	public's	best	interest	in	mind	and	select	the	

companies	who	will	be	able	to	achieve	this	in	a	safe	and	responsible	manner	

in	order	to	pave	the	way	for	commercial	use	of	UAS.	Petitioner	is	one	of	these

up	rising	freelancers.	

Petitioner	will	provide	aerial	photography	and	videography	utilizing	UAS	in	

strict	operating	environments.	The	use	of	UAS	in	this	field	will	benefit	the	

public	by	encouraging	a	higher	level	of	creative	work	at	a	lower	cost	to	

clients,	which will	allow	these	clients	to	become	more	profitable.	The	

increase	in	profitability	can	create	a	larger	customer	base	for	the	client,	

which	can	therefore	increase	demand	of	their	products,	and	ultimately	lead	

to	more	jobs,	increased	wages,	and	the	growth	of	the	overall	economy	in	

Petitioner's	region.	

Further,	the	use	of	UAS	in	this	field	will	benefit	the	public	by	utilizing	a	safer	

aircraft	for	creative	purposes.	Aerial	photography	and	videography	has	been	

limited	to	manned	fixed	wing	aircraft	and	helicopters.	These	aircraft	can	

weigh	5000	lbs.	or	more	and	are	operated	by	an	on	board	pilot,	in	addition	to	

other	onboard	crew	members,	as	necessary.	In	comparison,	Petitioner's	

aircraft	weighs	just	3.3	lbs.	and	the	pilot	and	crew	will	be	remotely	located	

from	the	aircraft.	The	limited	weight	of	the	aircraft	significantly	reduces	the	

potential	for	harm	to	persons	or	damage	to	property	in the	event	of	an	

incident	or	accident	while	the	risk	to	on	board	pilot	and	crew	is	eliminated.	

Further,	manned	aircraft	can	carry	I	00	gallons	or	more	of	fuel	and	therefore	

are	at	risk	of	fuel	spillage	or	fire	in	the	event	of	an	incident	or	accident.	The	

3DR	SOLO carries	no	fuel	and	therefore	the	risk	of	fire	following	an	incident	

or	accident	due	to	fuel	spillage	is	related.

V. Federal	Register	Summary

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of2012	

(The	Reform	Act),	Kevin	Wainscott (Petitioner),	hereby	applies	for	an	

exemption	from	the	Federal	Aviation	Regulations	(FARs)	to	allow	

commercial	operation	of	unmanned	aerial	systems	(UAS)	for	aerial	

photography	and	videography	in	advertising	campaigns	within	the	United	

States	National	Airspace	System	(NAS)	so	long	as	operations	are	conducted	

within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	

the	FAA	as	required	by	Section	333.	Section	333	of	The	Reform	Act	allows	the	
Secretary	of	Transportation	to	determine	if	certain	UASs	may	operate	safely	

in	the	national	airspace	based	on,	"their	size,	weight,	speed,	operational	

capability,	proximity	to	airports	and	populated	areas,	and	operation	within	

visual	line	of	sight.	..	"	as	to	not	create	a	hazard	to	users	of	the	national	

airspace	system	or	the	public,	and	not	pose	a	threat	to	national	security.	

Petitioner	has	provided	commercial	photography	and	videography	for	

advertising,	corporate	publications,	catalogs,	charities,	and	websites	for	

nearly	two years.	Petitioner	continually	seeks	to	bring	new	technology,	

techniques,	and	creative	methods	to	clients	in	order	to	maximize	the	

effectiveness	of	advertisement	campaigns.	Petitioner	has	a	vested	interest	in	

seeing	that	the	UAS	is	operated	safely,	so	as	not	to	tarnish	Petitioner's	

business	reputation.	In	order	to	continue	to	provide	the	best	in	advertising	

campaigns,	in	a	safe	and	reasonable	way,	Petitioner	seeks	regulatory	

exemptions	that	will	allow	Petitioner	to	employ	UAS	technology	in	the	

photography	and	videography	process.	

Regulations	from	which	an	exemption	is	requested:

a. 14	C.F.R.	§	21	Subpart	H;	14	C.F.R.	§	91.203	(a)	(l)-Airworthiness	

Certificates

b. 14	C.F.R.	§	61.113	(a)	and	(b)	and§	61.133(a)(1)(ii)-Private	and	

Commercial	Pilot	Privileges	and	Limitations

c. 14	C.F.R.	§	91.7(a)-Civil	Aircraft	Worthiness

d. 14	C.F.R.	§	91.9	(b)(2)-Civil	Aircraft	Flight	Manual

e. 14	C.F	.R.	§	91.109	-Flight	instruction

f. 14	C.F.R.	§	91.119-Minimum	Safe	Altitudes

g. 14	C.F.	R.	§	91.121	-Altimeter	Settings

h. 14	C.F.R.	§	91.151	(a)	-Fuel	Requirements	for	Flight	in	VFR	Conditions

i.	 14	C.F.R.	§	91.405(a),	§	9	l.407(a)(1	),	§	91.409(a)(2)	and§	91.417(a)	

and	(b)	- Maintenance	Inspections

Through	this	exemption	request,	Petitioner	has	shown	that	they	will	ensure	

the	public's	best	interest	during	UAS	operation.	The	small	size,	weight,	and	

speed	of	Petitioner's	UAS	combined	with	extensive	safety	precautions	

ensures	that	Petitioner	will	safely	operate	UASs.	Petitioner	has	also	shown	

how	approval	of	this	request	will	meet	and/or	exceed	an	equivalent	level	of	

safety	for	the	exemptions	requested.