US Department of Transportation Exemption Request Pursuant to Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation 

October 2, 2015 

Scott B. Crosby

7123 Cedar Mill Ct.

Avon, IN 46123

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) and (b); 14 CFR 

91.7(a); 14 CFR91.9(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) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR 

Part 11, Scott B Crosby operator of Unmanned Aircraft Systems (UAS), hereby applies for ·an exemption 

from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of designated UAS, 

provided such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

Thank you in advance for your consideration. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, 

would provide professional services in the following areas: 

 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. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the NAS. 
As described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling 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." 

The name and address of the applicant is: 

Scott B Crosby 

Ph: 317-965-1730 

Email: avonpicturethis@sbcglobal.net

Address: 7123 Cedar Mill Ct

 Avon IN, 46123

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

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) 

Scott B. Crosby will operate the Following model UAS: DJI Phantom 3 Professional

Aircraft 
Weight (including battery and propellers)-1280 g 

Diagonal size (including propellers)-590 mm 

Max Ascent Speed-S 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 (ATil mode, no wind) 

Max Altitude Above Sea Level-6000 m 

Operating Temperature-ooc to 40°C 

GPS Mode-GPS/GLONASS 

Camera 

Sensor-Sony EXMOR 1/2.3" Effective pixels: 12.4 M (total pixels: 12.76 M) 

Lens-FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at oo 

ISO Range-100-3200 (video) 100-1600 (photo) 

Shutter Speed-8s -1/8000s Image Max Size-4000 x 3000 

Still Photography Modes 

*Single Shot *Burst Shooting: 3/5/7 shots 

*Auto Exposure Bracketing (AEB): 3/5 

*Bracketed Frames at 0.7EV Bias 

*Time-lapse 

Video Recording Modes 

Phantom 3 Professional 

•UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 

•FHD: 1920x1080p 24/25/30/48/50/60 

•HD: 1280x720p 24/25/30/48/50/60 

Supported SD Card Types- 

*Micro SD 

*Max capacity: 64GB. Class 10 or UHS-1 rating required 

Max Bitrate of Video Storage60 Mbps 

Supported File Formats- 

•FAT32/exFAT 
•Photo: JPEG, DNG 

•Video: MP4, MOV (MPEG-4 AVC/H.264) 

Operating Temperature- 0°C to 40°C 

Gimbal 

Controllable Range-Pitch -90° tp +30° Stabilization-3-axis (pitch, roll, yaw) 

Vision Positioning 

Max Velocity-Less than 8 m/s (when 2 m above ground) 

Altitude Range-30 cm-300 cm 

Operating Range-30 cm-300 cm 

Operating Environment-Surface with clear pattern and adequate lighting (Lux> 15) 

Remote Controller 

Operating Frequency-2.400 GHz-2.483 GHz 

Max Distance-2000m (outdoors and unobstructed) 

Video Output Port-USB 

Operating Temperature-0°C- 40°C 

Battery-6000 mAh LiPo 2S 

Mobile Device Holder-For tablet or phone 

Receiver Sensitivity (1%PI:R)--101 dBm ±2 dBm 

Transmitter Power (EIRP) *FCC: 20 dBm *CE: 16 dBm 

Working Voltage-1.2 A @7.4 V 

Battery ChargerVoltage-17.4 V Rated Power: 

Phantom 3 Professional 

•100W 

Intelligent Flight Battery 

Capacity-4480 mAh 

Voltage-15.2 V 

Battery Type-LiPo 45 

Energy-68 Wh 

Net Weight-365 g 

Max Flight Time-Approximately 23 minutes 

Operating Temperature--10° to 40°

Max Charging Power-100 W 
Given the small size of the UAS in scope 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 graciously 

requests that the FAA grant the requested exemption. 

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 UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and 

camera.

 2. The UAS, depending on the model in operation, will have a maximum operating speed of no more 

than 50mph. 

 3. Flights will be operated within line of sightofthe Pilot in Command (PIC) and/or Visual Observer 

(VO). 

 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, 

but will not exceed 30 minutes. Flights will be terminated at 25% battery power reserve or 30 

minutes of flight time whichever occurs first.

 5. 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. 

 6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual Observer 

(VO), and may include a third, but separate, Camera Operator (CO). 

 7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a minimum 

of 20 hours on the designated UAS. 

 8. A safety briefing will be performed prior to each day's flights consisting of all the days' production 

activities. 

 9. All flight activities will be logged. 

 10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 

 11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic center/

Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. 

 12. Flights will not be closer than a 5 mile radius of the geographic center/Airport. 

 13. The operator will file FAA Form 77111, 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. 

 14. The operator 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 U.S. Department of Transportation required under the FOM. With the advanced 

permission of the FSDO, operations at closer range may be approved.

 15. The PIC and VO will have been trained in operation of UAS and receive uptodate 

information for the particular UAS to be operated. 

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

 17. 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 as appropriate to flight operations. 

 18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a predetermined location within a designated location and land 

autonomously. 

 19. The UAS will have the capability to abort a flight in case of emergencies with an 

automated "Return Home and Land" function. 

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

weather, or emergencies such as low battery. 

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. 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 

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). US Department of Transportation February 20, 

2015 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. The proposed UAS operations 

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 

be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher 

medical certificate. It is believed that the operation and limitations set forth in the FOM will equate to the 

safe operation of the UAS. 

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 ofthis 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 as stated in the FOM in Section 4 

under Normal Procedures 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. §91.109: 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. 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 is 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 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 with the exception that in circumstances where the UAS is 

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

operated more than 200 feet 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, 

and 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 

SSibs. 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 U.S. 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 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 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. The 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 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 well under the proposed 551b limit 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 sections 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. 

Additional Information. 

The applicant, Scott B. Crosby, believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing sufficient 

justification for the granting of commercial operations of the applicant's UAS. 

The applicant, Scott B. Crosby requests your respective approval of this Section