Nic Summers

212 S. Albert St. 

Mount. Prospect, IL 

60056

May 11, 2015

Hon. Michael Huerta

Administrator

Federal Aviation Administration

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

May 20, 2015

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from 

certain parts of the FARs.

Dear Administrator Huerta:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, Nic Summers, a professional FAA certificated 
Airman holding a Aircraft Dispatcher and Private Pilot rating, in addition to working as 

a freelance professional photographer for the Chicago Tribune Media Group, hereby 

applies for a summary exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow him to operate small Unmanned Aircraft Systems (“sUASs”) under 

the conditions and limitations set forth in this Petition.

The requested exemption would permit the operation of small, unmanned and 

relatively inexpensive sUASs under controlled conditions in airspace that is (1) limited, 

(2) predetermined, (3) news gathering which would provide safer and less costly 

alternatives to the already safe news gathering operations presently using manned 

helicopters and airplanes, (4) aerial photography and/or video for public and/or private 

use including real estate, architecture, land surveying, engineering and other related 

professional activities, (5) 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. 

Approval of this exemption would thereby enhance safety and fulfill the FAA 

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

such aircraft systems in the national airspace system.” Section 333(c) of the Reform 

Act. 

The name and address of the applicant is:

Nic Summers

212 S. Albert St.

Mount Prospect, IL 60056

Telephone: (847)284-2777 

Email: nic.summers@jetphotos.com

Regulations from which the exemption is requested as follows:
14 CFR Part 21

14 CFR § 61.3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)
14 CFR § 417 (a) & (b)

List examples of previously granted exemptions similar to his operation.

AERIAL PRODUCTION SERVICES, INC. 

Regulatory Docket No. FAA–2014–0836

Mr. Michael Fortin, CineDrones, LLC 

Regulatory Docket No. FAA-2014-0798 

Mr. Adam C. Orens 

Regulatory Docket No. FAA-2014-0939 

Mr. Henry H. Perritt, Jr. 

Regulatory Docket No. FAA-2014-0608

Ms. Melinda Sokoloski 

Regulatory Docket No. FAA-2015-0004 

Mr. David L. Farley 

Regulatory Docket No. FAA–2014-1110 

Mr. David Ho 

Regulatory Docket No. FAA–2015–0114 

Mr. Gregory Zonsius

Regulatory Docket No. FAA-2015-0056 

Mr. Seth Hellinga 

Regulatory Docket No. FAA–2015–052
Mr.Wesley W. Myers, Jr.

Regulatory Docket No. FAA–2015–0443

Mr. George Riethof

Regulatory Docket No. FAA-2015-0390

Mr. Darrell Reid Wilson

Regulatory Docket No. FAA–2015–0378

Ms. Terry L. Carbonell

Regulatory Docket No. FAA-2015–0417

The Appendix describes the FARs from which an exemption is requested and 

summarizes the justification for each requested exemption. The Petition is submitted 

to fulfill Congress’ goal under Section 333(a) through (c) of the Reform Act, which 

directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before completion 

of the rule making required under Section 332 of the Reform Act. In making this 

determination, the Administrator must determine which types of UASs do not create a 

hazard to users of the NAS or the public or pose a threat to national security in light of 

the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). 
If the Administrator determines that such vehicles “may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system.” Id. § 333(c) (emphasis added). 

The Secretary has delegated his aviation authority to the Administrator of the FAA. 

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions 

from its regulatory requirements for civil aircraft, a term defined under §40101 of the 

Act, which includes sUASs. The Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or 

any sections 44702-44716 of the Federal Aviation Act if Administrator finds the 

exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC§ 44711(a); 49 

USC § 44704; 14 CFR §91.203 (a) (1). 

The petitioner is a professional FAA certified Airman Flight Dispatcher and is currently 

employed with United Airlines and has been for the last 21 years in this position. He 

also holds an FAA certified Private Pilot license. The Petitioner has spent over 200+ 

hours, on a countless number of flights, observing ALPA represented pilots on the 

flight deck of 14 CFR FAA §121 turbojets and in discussion with the flight crew of 

these flights as required by 14 CFR FAA §121.463 in the performance of his Airman 

duties. 

In his position as a Flight Dispatcher, he is responsible for the safe operation of every 

flight that he dispatches, along with the Captain of each flight. He daily plans 

international flights around the globe. He must brief Captains of all known issues that 

will affect the safety of flight. He, as a Flight Dispatcher, is keenly aware of all aspects 

of safe flight. The petitioner, on a daily basis must check, including, but not limited to, 

space weather/solar events that might affect navigation and communication reliability 

for the Boeing 747, B777, B787 and other fleet types operated by United Airlines, and 
plan accordingly. Solar storms have the ability to reduce GPS signal quality thus 

affecting the ability to operate a UASs safely.

As an example of the situational awareness he maintains in his aviation work, he has 

knowledge of many dynamic situations on a global basis affecting the safe operation 

of his flights. There is extensive global volcano activity to consider for ash avoidance, 

political events, NOTAMS for all stations, constant review of weather not only for origin 

and destination station but also for all enroute ETOPS airports and maintains 

operational control for all his flights as required by 14 CFR FAA §121.535 and 

performs all additional duties under 4 CFR FAA §121.591. He, as a flight dispatcher 

must attend 18 hours of recurrent Flight Dispatch training annually in addition to a 

minimum of 5 hours riding as an observer on the flight deck of the various types of 

aircraft and global regions he dispatches under 14 CFR FAA § 121.463. The Petitioner 

is subjected to random drug and alcohol tests account of his safety sensitive position 

as a professional FAR part 121 Flight Dispatcher at United Airlines.

The petitioner is also a professional freelance photojournalist for the Chicago Tribune 

and formerly the Chicago Sun-Times, photographing sports and news events. His 

regular weekly assignments involve various newsworthy and sports events happening 

on a daily basis covering current and breaking events as assigned by his photo editor 

at the Chicago Tribune Media Group and Pioneer Press. He has photographed 

newsworthy events at O'Hare published in the Chicago Tribune and was the only 

photographer present at times. He has photographed hundreds of airplanes departing 

and arriving O'Hare and other airports over the years and has sold thousands of 

dollars’ worth of photos to United's ALPA represented pilots and to ALPA directly since 

2000. 

The wide availability of small Unmanned Aircraft Systems, also known as 

“microdrones,”capable of carrying high-quality professional cameras and priced at 

affordable levels intrigued the petitioner. His entire professional career has involved 
exploring new technologies and adapting them to capture good imagery to inform the 

public. In May 2015, he bought a DJI S1000+ Spreading Wings, installed a three axis 

gimbal and a Canon 5DIII and has flown them for total of 30 hours over remote areas 

of the Chicago metropolitan area and suburbs northwest of Chicago outside of 

controlled airspace for recreational purposes, exploring the potential and the 

limitations of its photo/video subsystem and the UASs aircraft. The Petitioner has also 

a second sUASs DJI Phantom 3 Professional used to practice flying manually and 

help maintain proficiency in flying. 

He is pleased with the quality of the imagery captured and has edited it into a number 

of photographic vignettes that meet his high standards for technical quality and artistic 

merit. 

Now, a number of people, some professional colleagues and some strangers, have 

heard about Petitioner’s activities and have seen the results and are pressing 

Petitioner to undertake additional microdrone photography for compensation. 

Many competitors of Petitioner are actively flying sUAS to conduct aerial photography 

for commercial purposes, notwithstanding the FAA’s stated prohibition. He also notes 

and has read the congressional mandate in sections 332 and 333 of the FAA 

Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the 

economic and societal benefits that can result from widespread deployment of sUAS 

technology. Accordingly, Petitioner applies for authorization under the Federal Aviation 

Act, and the FARs rules to undertake the following activities for commercial purposes. 

Unless the Petition is granted, Petitioner will be at a significant competitive advantage 

if he, as he prefers, complies with FAA policy. 

Vehicle 

The Petitioner will fly an 8 engine DJI S1000+ Spreading Wings octocopter equipped 
with a three-axis gimbal and Lumix camera with plans to interchange other similar 

digital cameras as the needs arise. This vehicle has built in capability to limit the 

height it flies above the ground, to limit the radius of the distance it flies from the 

operator, and to exclude it from class B, C, and D airspace. The S1000+ will utilize a 

DJI A2 flight controller with GPS receiver to maintain autonomous position and 

operational control at all times. 

The S1000+ A2 flight controller has a programmed fail-safe capability to autonomously 

climb or descend but not over 400' AGL and then return to the launching point if the 

wireless control link is interrupted or if the operator attempts to exceed any of the 

height, radius, or airspace limitations programmed into it. The vehicle weighs about 11 

pounds empty and has a maximum gross weight of approximately 24 pounds. It has a 

top speed of about 50 knots. It has 8-eight fixed-pitch 15 inch rotors, thrust from which 

is varied by changing RPM. It is powered by multiple lithium polymer batteries for 

redundancy and safety. 

Also the Petitioner, will also operate a DJI Phantom 3 Professional when conditions 

exist based on the Petitioner’s evaluation of the most safe and efficient equipment to 

complete the job. The Phantom 3 weighs less than 5 pounds, far less than the 55 

pound limit including camera and gimbal. Aircraft specifics are appended below.

Flight profiles

• He will, prior to every operation, complete an extensive pre-flight check list 

specifically customized by the manufacture for this type of sUAS to assure that 

its compass and GPS system are properly calibrated and that the return-tohome feature, altitude, and radius limitations work. If any parameters of 

operation are not met, he will ground the aircraft until he is assured it will 

operate in complete compliance with Section 333 and the manufacturers 

limitations. 
• He will operate it on aerial photography/video missions only during daylight 

hours. 

• He will at all times operate the UASs (S1000+ and Phantom 3 Professional) with 

safety and in compliance with the limitations of the exemption at all times. 

• He will not operate it in controlled airspace. In the unlikely event that a manned 

aircraft flies below 400 feet AGL where the petitioner is operating his S1000+, 

he will keep both the vehicle and manned aircraft in sight and avoid the manned 

aircraft. 

• The petitioner will program his UASs so they will not fly above 400 feet AGL at 

any time and will maintain visual line of sight(VLOS) at all times.

• The UASs will remain within 2600' horizontally or within the limits of visual line of 

sight (VSOL). At no time will the UASs be out of VLOS.

• The UASs are equipped with anti-collision LED lights to allow for higher visibility 

and greater observability of the vehicle. 

• He will maintain his Private Pilot currency and review all pertinent FAA 

documents and regulations necessary to operate the S1000+ and Phantom 3 

Professional safely. 

• He will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

• Flight will be terminated to land at home with a minimum of 25 percent battery 

reserve.
• Flight will be operated within line of sight of the Pilot in Command(PIC) and/or 

Visual Observer (VO)

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the 

Reform Act relating to size, weight, speed, operating capabilities, proximity to airports 

and populated areas, operating within visual line of sight, and respect for national 

security. The Petition justifies grant of this requested summary exemption to allow the 

Petitioner to obtain aerial photography and video with his microdrones. This Petition is 

similar to the case presented by exemptions granted and previously cited.

DJI S1000+ Spreading Wings Manufacturer Specs 
Frame

Diagonal Wheelbase

1045mm

Frame Arm Length

386mm

Frame Arm Weight

(Including Motor, ESC, Propeller )

325g

Center Frame Diameter

337mm

Center Frame Weight (with Landing Gear Mounting Base, 

Servos)

1520g

Landing Gear Size

460mm(Length)×511mm(Width)×305mm(Height)

Motor

Stator Size

41×14mm

KV

400rpm/V

Max Power

500W
Weight(with Cooling Fan)

158g

ESC

Working Current

40A

Working Voltage

6S LiPo

Signal Frequency

30Hz ~ 450Hz

Drive PWM Frequency

8KHz

Weight(with Radiators)

35g

Foldable Propeller 

(1552/1552R)

Material

High strength performance engineered plastics

Size

15×5.2inch

Weight

13g

Flight Parameters Takeoff Weight
6.0Kg ~ 11.0Kg

Total Weight

4.4Kg

Power Battery

LiPo (6S,10000mAh~20000mAh,15C(Min))

Max Power Consumption

4000W

Hover Power Consumption

1500W (@9.5Kg Takeoff Weight)

Hover Time

15min (@15000mAh & 9.5Kg Takeoff Weight)

Working Environment Temperature

-10 °C ~ +40 °C
DJI Phantom 3 Professional Manufacturer Specs
Aircraft

Weight (including battery and propellers)

1280 g

Diagonal size (including propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/-

0.5 m 

• Horizontal: +/- 1.5 m 

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level

6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS
Appendix FAR section Subject Justification 

14 CFR § 45.23(b) Requirement to display 

registration number on 

vehicle 

Insufficient space on 

vehicle 

14 CFR Part 21 Aircraft certification 

requirements and 

procedures 

Designed for manned 

aircraft; not suitable for offthe-shelf sUAS 

14 CFR § 61.3 Requirement for pilot 

certificate 

Part 61 requirements 

designed for manned 

aircraft, not sUAS; petition 

describes training for sUAS 

operator 

14 CFR § 91.7 (a) Airworthiness requirement Designed for m

aircraft; not suit

the-shelf sUAS 

14 CFR § 91.9 (b) (2) Requirement for manual to 

be available in the cockpit 

No one aboard 

manual 

14 CFR § 91.103(b) Requirement for crew 

members to be onboard 

Unmanned veh

14 CFR § 91.109 Requirement for dual 

controls during flight 

instruction 

No one aboard 

controls 

14 CFR § 91.119 Minimum altitudes for safe 

flight 

Safety requires 

below these alt

14 CFR § 91.121 Altimeter se

14 CFR § 91.151(a) Fuel require

14 CFR § 91.203 (a) & (b) Requiremen

and airworth

certificates t

14 CFR § 91.205(b) Cockpit inst

Appendix

FAR section Subject Justification 

14 CFR Part 21 Aircraft certification 

requirements and procedures 

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 

14 CFR § 61.3 Requirement for pilot certificate Part 61 requirements designed 
for manned aircraft, not sUAS; 

petition describes training for 

sUAS operator 

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 

14 CFR § 91.9 (b) (2) Requirement for manual to be 

available in the cockpit 

No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew 

members to be onboard 

Unmanned vehicle 

14 CFR § 91.109 Requirement for dual controls 

during flight instruction 

No one aboard to operate 

controls 

14 CFR § 91.119 Minimum altitudes for safe 

flight 

Safety requires operation 

below these altitudes 

14 CFR § 91.121 Altimeter settings No one aboard to read 

altimeter 

14 CFR § 91.151(a) Requirement for registration 

and airworthiness certificates 

to be onboard

No one aboard to read 

certificates 

14 CFR § 91.205(b) Cockpit instruments 

requirement 

No one aboard to read 

instruments 

14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful 
load; will be operated below 

ATC radar coverage 

14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS

14 CFR § 91.407(a) (1) Inspection approval 

requirements 

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 

14 CFR § 91.417 (a) & (b) Maintenance records 

requirements 

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS