Next Level Aerial Photography 

Owner: Brandon J. Hardin 

4616 Aylesbury Dr. 

Knoxville, TN 3 7918 

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 91.105; 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 of2012 (the "Reform Act") and 14 

CFR Part 11, Brandon J. Hardin, operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its 

VAS, 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. 

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

would operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities. 

• Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and news gathering. 

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

local government authority. 

• Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

• 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. 

• 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. 

As described fully below, the requested exemption would permit the operation of a UAS under 

con~olled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

p~ovtde safety enhancements to the already safe operations in the industry presently using conventional 

a~rcraft. 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 sate 
operation of such aircraft systems in the national airspace system." 

The name and address of the applicant is: 

Name: Next Level Aerial Photography 

Attn: Brandon J. Hardin, Owner/Chief Pilot 

Address: 4616 Aylesbury Dr. 

Knoxville, TN 3 7918 

Email: N extLevelAerialPhotography@yahoo.com 

Phone: 865-382-6609 

Next Level Aerial Photography, will operate the DJI Phantom 3, with a total weight of approximately 

1280g or 2lbs 13 oz. The dimensions are 40.36cm x 40.36cm x 19.05cm or 16inch x 16inch x 7.5inch. 

Under still air the maximum speed is no more than 16m/s or 35m ph with a cruising speed of llrnls or 

25m ph. The DJI Phantom 3 has the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Phantom 3 has four motors, Motor Model DJI 3510, powered by a 4480mAh 

4s LiPo Lithium Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI 

Phantom 3 will be controlled with the C3 remote controller with an operating frequency of 2.400GHz2.483GHz. The live video feed will have an operating frequency of 2.4GHz ISM with maximum range 

of 1.2 miles. The applicant will operate the U AS in line of sight within a closed off and predetermined 

area owned ancl/operated by the property representative. 

DJI Phantom 3 

GENERAL FEATURES 

Ready to fly 

3-axis camera stabilization 

Precision flight and stable hovering 

GPS/GLONASS positioning & auto return home 

On-screen real-time flight parameters 

High Definition Camera 

Camera tilt control 

Film straight down 

Supports Adobe DNG RAW 

Adobe lens profile support 

Camera parameter settings 

Album synchronization 

FAA no-fly zones locked out via installed software 

TRANSMITIER 

Operating Frequency:2.400 GHz- 2.483 GHz 

Communication Distance (open area): CE: 2000m; FCC: 2000m 

Receiver Sensitivity ( 1 %PER) :-101 dBm +/- 2dBm 

Transmitter Power: CE: 16dBm; FCC: 20dBm 

Working Voltage: 1.2A@ 7.4V 

Battery: 6000 mAh LiPo 2s 

CAMERA 
Operating Environment Temperature: 0°C-40°C 

FOV: 94°/85° 

Sensor size: 1/2.3" 

HD Recording 

DJI VISION APP 

System Requirement of Mobile Device: iOS version 6.0 or above/ Android system version 4.0 

or above 

Given the small size of the 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. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operational limitations proposed will provide 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 will weigh less than 55 lbs. 

• The UAS will have a maximum operating speed of no more than 1 OOmph. 

• Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO). 

• Maximum flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% 

battery power reserve or 20 minutes of flight time whichever occurs first. 

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) or not 

more than 200 feet above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer {VO). 

• The UAS pilot will be the designated Pilot in Command {PIC) and will take and pass all applicable 

certifications currently being approved by the FAA. 

• A briefing will be performed regarding the planned UAS operations prior to each day's flight 

consisting of all the day's production activities. 

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

• If operations will be within a 5 mile radius of the geographic center/ Airport Reference Point (ARP) 

of a tower controlled or uncontrolled airport, the respective airports will be contacted advising them of 

the estimated flight time, flight duration, elevation of flight and other pertinent information. 

• The operator will obtain verbaVwritten 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 redu~ed to 30 feet based upon an equivalent level of safety determination, :.S required 

under the FOM. With the advanced permission of the FSDO, operations at closer range may be 

approved. 

• The PIC and VO will have been trained in operation ofUAS and receive up-to-date information for 

the particular UAS to be operated. 

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

• Written and/or verbal permission and permits will be obtained, as applicable, from territorial. stat~. 

count~ or city jurisdictions, including law enforcement, fire or other appropriate governmental 

agenctes. 
• If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have 

the capability to return to a pre-determined location within a designated location and land 

autonomous! y. 

• The UAS will have the capability to abort a flight in case ofunpredicted obstacles, weather, or 

emergencies. 

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 91.105 

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) 

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 "~" 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 will 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, tw·o-inch lettering will be impossible. The word ''Experimental" will 

be placed on the fuselage in compliance \\ith §45.29 (f). 

The equivalent level of safety \vill be provided by having the UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others \vorking with the UAS will see the identification of 

the UAS as "Experimental." 

14 C.F.R. § 61.113 (a) and (b): Prh·ate Pilot Prh'ileges 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. 

An equivalent level of safety can be achieYed by current Regulations because the applicant's U AS do 

not carry any pilots or passengers nor property. The risks attendant to the operation ofUAS is far less 

than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The operation and 

limitations set forth in the FOM \Viii 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 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 AircnJft. 

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 manufacturer FOM in the pre-flight 

inspection section, 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. §91.105: Flight crew members at stations 

Exemption may be required, the PIC may not leave his station nor shall VO leave station. In event that 

PIC or VO become incapacitated, UAS is to automatically return to designated landing area, as 

outlined in FOM. 

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 tmless 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 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, 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 rotor-craft weighting far more than the maximum 551 bs. proposed herein 

and the lack.of flamma?le fu ~, any risk associated with these operations is far less than those presently 

presented With conventiOnal aucraft operating at or below 500 AGL. In addition, the low-altitude 

operatio.ns of~e UAS will ensure separation be~ en these UAS operations and the operations of 

conventional rurcraft 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 10 

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 §91.15l(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, 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 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 20 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 no more than 55 lbs. and is operated without an on board 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) & (h): 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 usually 

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: 

Next Level Aerial Photography's pilots are all certified pilots with extensive and current knowledge of 

the NAS. The primary pilot, Brandon J. Hardin, has 2+ years of recreational UAS experience and an indepth understanding of the capabilities and safety concerns involved in using this technology as an 

asset to the community. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 

provide more than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the applicant's UAS. 

Sincerely, 

~ Brandon J. Hardin