Jeffrey A. Yuhasz

JAYuhasz HDV Productions

842 Cranberry Lane

Akron, OH 44313

330-836-2601

jayuhasz@att.net

February 23, 2015

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 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11,

JAYuhasz HDV Productions, operator of an Unmanned Aircraft System (UAS), hereby applies 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. 

The name and address of the applicant is:

Jeffrey A. Yuhasz

842 Cranberry Lane

Akron, OH 44313

Phone: (330) 836-2601

Email: jayuhasz@att.net

Regulations from which the exemption is requested:

14 CFR subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.103

14 CFR 91.119(c)

14 CFR 91.121; 91.151(a)

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)

Commercial operation of an UAS, as described herein, which are equipped with camera(s) 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 video and/or photography for public and/or private use including television, public events, 

cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners or 

local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

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.

6. 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.

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 weighs less than 55 lbs.

- The UAS has a maximum operating speed of no more than 50mph.

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

- A flight check list will be performed regarding the planned UAS operations prior to each flight.

- All flights will occur under Visual Flight Rules.

- A 2-man crew for each operation consists of a properly certified UAS Pilot in Command (PIC), according to FAA 

regulations, and the Visual Observer (VO).

- Flights will be operated within line of sight of the Pilot in Command (PIC) and Visual Observer (VO).

- The PIC and VO will be able to communicate by voice or radio at all times.

- Maximum flight time for each operational flight is 15-20 minutes. 

-The flights will occur no closer than a 5 mile radius of local airports.

- If operations will be within a 5 mile radius of an airport, the control tower or operations manager of the 

respective airports will be contacted contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information.

- 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.

- We will always obtain verbal/written consent of all persons involved with the planned operation ensuring 

that only consenting persons will be allowed within 100 feet of our flight operation. This radius may be 

reduced to 30 feet based upon an equivalent level of safety determination.

-All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, 

including local law enforcement, fire, or other appropriate governmental agencies.

- If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a predetermined location within the Security Perimeter and land.

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

FAA will have advance notice of all operations. 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. We may achieve an 

equivalent level of safety as achieved by current regulations because the applicant’s UAS 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 the proper 

certifications.

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 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. §91.119: 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.

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 25 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately -5 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. Applicant believes that an equivalent level of safety 

can be achieved by limiting flights to 15 minutes or 75% 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 5 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.

In conclusion, satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security) provide more than adequate justification to grant the requested exemptions.

If you have any questions or need additional information, please contact me at (330) 836-2601 or 

jayuhasz@att.net.

Thank you,

Jeffrey A. Yuhasz