Alex Wells-Request for Exemption

1

August 24, 2015

Alex Wells

4775 Demaray Drive

Grants Pass, OR 97527

Private Pilot- Certificate # 3802076

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); 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) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Alex Wells, 

operator of small Unmanned Aerial Systems (UAS), hereby applies for an exemption from the listed Federal 

Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are conducted 

within and under the conditions outlined herein or as my be established by the FAA as required by Section 333. 

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, 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, and 

cinematography. 

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

or local government authority. 

4. 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. 

As described fully below, the requested exemption would permit the operation of small 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’s (the FAA 

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

the national airspace system.” 
Alex Wells-Request for Exemption

2

The name, phone, email and address of the applicant: 

Name: Alex Wells

Phone: (541) 778-2718

Email: viperwells@hotmail.com

Address: 4775 Demaray Dr, Grants Pass, OR 97527 USA 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113(a) 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) 

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. including payload. Under 

normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover and 

move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the 

exempted person only obeying all other local and federal laws. 

Given the small size of the small 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. 
Alex Wells-Request for Exemption

3

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: 

1. The small UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer.

3. 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. 

4. 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. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) when needed and may include but not limited to a Camera Operator. 

6. The small UAS pilot will be Alex Wells ONLY not allowing any other person to operate the small UAS in 

a commercial capacity. 

7. A briefing will be performed regarding the planned small UAS operations prior to each day’s flight 

consisting of all the days’ production activities. 

8. The PIC 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 or direction of the FSDO, operations at closer range 

may be approved. 

9. The PIC and VO will have been trained in operation of small UAS and receive up-to-date information 

for the particular small UAS to be operated and will be able to show upon request their competent 

ability to operate the small UAS and/or Camera. 

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

11. 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 when 

needed. 

12. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability to 

return to a pre-determined location within a designated location and land autonomously. 

13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 
Alex Wells-Request for Exemption

4

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 small UAS. In all cases, an analysis of these criteria demonstrates that 

the small 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 small UAS to be operated 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 small 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 small UAS will have no airworthiness certificate, an exemption may be needed as the 

small 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 small UAS, two-inch lettering will be impossible. 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (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. Our small 

UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 

61.113(a). Although helpful, a Commercial Pilot’s License will not ensure remote control piloting skills. 

The risks attendant to the operation of small UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. I feel the operation and limitations can be understood well 

enough with a Private Pilot's License.
Alex Wells-Request for Exemption

5

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 checklists 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 small 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 small 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 OPERATOR will take all actions including 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. Small 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 small 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 small UAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the small UAS is 

used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not 

be operated more than 100' 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 small 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 
Alex Wells-Request for Exemption

6

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 small UAS will ensure separation 

between these small- 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 small 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 

small UAS provides approximately 30 minutes of powered flight. To meet the 30 minute reserve 

requirement in 14 CFR §91.151, small UAS flights would be severely limited in length. Given the 

limitations on the small 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 small 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 small 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 small 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 small 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 small UAS. An 

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

where the pilot flying the small UAS will have immediate access to them; to the extent they are 

applicable to the small UAS. 
Alex Wells-Request for Exemption

7

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 these small UASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical issues arise the small UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the small 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 small 

UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in 

the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and 

perform required maintenance needed. 
Alex Wells-Request for Exemption

8

Small UAS Information

Small UAS’s to be used are as follows but not limited to providing they are within the scope of the 

exemption granted by the FAA: 

1. DJI Phantom 1 Nighthawk Kit From DSLRPros 

 Max Speed 30mph

 V3 Anti-Gravity Motors

 4 OEM 9" self tightening propellers

 Prop Guards

 DJI OEM Transmitter

 DSLR Pros 2400mAH LiPo Battery

 GoPro Hero 3 or 4 Camera

 Weight: 3.3lbs

Additions by DSLR Pros

 PDB board upgrade

 FPV Monitor System

 DSLR Pros OSD

 900MHZ Data Radio w/USB Ground Reciever

 DSLR Pros Battery Capacity Checker

 Tarrot 2-Axis Stabilized Gimbal

 5.8GHz FPV Video Transmitter

2. DJI Inspire ( Future Plans to Purchase)

 Max Speed 49mph

 DJI Inspire Battery 4500mAH

 DJI Inspire Gimbal 

 DJI Inspire Remote Controller 

 DJI Camera

 Weight : 6.4lbs

3. 3DR Solo (Future Plans to Purchase)

 Max Speed 55mph

 3DR Battery 5200 mAH

 3DR Solo GoPro Gimbal

 3DR Solo Remote Controller

 GoPro Hero 4 Black Camera

 Weight: 3.9lbs

Conclusion 

Thank you for the consideration of these exemptions. 

Sincerely,

Alex Wells