US Department of Transportation Exemption Request Pursuant to 

Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation November 2, 2015 

James B. Heck

14455 Sanctum Place

Nevada City, CA 95959

jim@breckport.com

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 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) 

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 of Unmanned Aircraft Systems (UAS), Brendan Brooks 

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. 

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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.RealEstate

2. Aerial Photography/Videography 

3. Crops and Farming

4. Search and Rescue

5. Public/Private Events

6. Towers & Roof Inspections

7. Cinematography 

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:

James B. Heck

14455 Sanctum Place

Nevada City, CA 95959

jim@breckport.com

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) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) 

14 CFR 91.409 (a) 

14 CFR 91.417 (a): 

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Grants of exemption in circumstances similar in all material respects, In Grants of 

Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to 

Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see 

Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA

−2014−0642), and 12645 to Allied Drones (see Docket No. FAA- 2014-0804) Exemption 

Nos. 11062, 11109, 11112, 11213, and 12645; Nos. 11062, 11109, 11112, 11213, and 

12645. 

James B. Heck Will operate one or more of the Following model UAS 

Yuneec Q500, DJI Phantom 3 

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 sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). 

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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 day’s 

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 mile 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 do a pre check of aircraft prior to each flight. And log each flight. 

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 up to 

date information for the particular UAS to be operated. 

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

17. The PIC will abide by all rules. 

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 

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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. 

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 

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 With a N 

number and or Experimental. Given the size of the UAS, two inch 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 , 14 C.F.R. § 61.113 (a) and (b). 

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. 

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. 

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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 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 

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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 powerwhichever 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. 

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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 55 lb 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, and a link on last page, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed. Authority contained in 49 U.S.C. 106(f), 40113, and 

44701. 

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Additional Information. 

James B. Heck 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 James B. Heck requests your respective approval of this Section 333 

exemption petition request. 

Thank you for your attention in this matter. Please notify James B. Heck

Of your actions, and or approvals. Thank you, for your interest in this request. 

Sincerely, 

James B. Heck

Manuals: 

http://www.yuneec.com/support.html 

https://dl.djicdn.com/downloads/phantom_3_standard/en/Phantom_3_Stan 

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