Chad de Alva Petition for Exemption per Section 333 10-2-15

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Chad de Alva

3790 S. Big Valley Trail

Flagstaff, AZ 86005

(970)729-2383

Cdealva88@gmail.com

October 2, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

RE: Petition for exemption from select Federal Aviation Regulations (FARs), as per Section 

333 of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

Section 333 of the FAA Modernization and Reform Act (FMRA) directed the Secretary of Transportation 

to consider whether certain Unmanned Aircraft (UA) or Unmanned Aerial Systems (UAS) may be 

operated safely in the Nation Airspace System (NAS).

The Secretary is required to consider whether a UAS, “as a result of *its+ size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight does not 

create a hazard to users of the national airspace system or the public or pose a threat to national 

security.” If the Secretary determines “that certain UAS may operate safely in the NAS, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” (FMRA §333 (b-c)).

Therefore, Chad de Alva (hereafter referred to in the first person) hereby submits this petition for an 

exemption from certain Federal Aviation Regulations (FAR) as detailed below, so that I may operate a 

UAS in the NAS.

REASON FOR REQUESTING AN EXEMPTION:

I intend to operate a UAS commercially so that I may obtain saleable data, such as photographs and 

video files.

HOW AN EQUIVALENT LEVEL OF SAFETY WILL BE MAINTAINED:

The size, weight, airspeed, and limited capabilities of the UAS that I intend to operate in accordance 

with an FAA exemption allow me to maintain an equivalent, or in some cases higher level of safety than 

were I to hire a manned aircraft to operate under existing FAA regulations. Detailed below are 

limitations and conditions I agree to abide by when operating a UAS for commercial purposes.

 All flights will be conducted within line of sight of the Pilot in Command (PiC).

 The UAS will be inspected before each operational flight to ensure that the UAS may be flown 

safely and not present a hazard to persons or property.

 The UAS will weigh less than 55 pounds.
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 The UAS will never operate at over 400 feet AGL.

 The UAS will have the word “experimental” displayed on its hull.

 Pending this exemption being granted, all documents deemed necessary by the FAA will be kept 

at the ground control point.

THE REGULATIONS FROM WHICH EXEMPTION IS BEING REQUESTED:

1. 14 C.F.R. Part 21, Subpart H

2. 14 C.F.R. 45.23 (b)

3. 14 C.F.R. 61.113 (a)&(b)

4. 14 C.F.R. 91.7 (a)

5. 14 C.F.R. 91.9 (b)(2)

6. 14 C.F.R. 91.103 (b)

7. 14 C.F.R. 91.109

8. 14 C.F.R. 91.119

9. 14 C.F.R. 91.121

10. 14 C.F.R. 91.151 (a)

11. 14 C.F.R. 91.203 (a)&(b)

12. 14 C.F.R. 91.405 (a)

13. 14 C.F.R. 91.407 (a)(1)

14. 14 C.F.R. 91.409 (a)(2)

15. 14 C.F.R. 91.417 (a)&(b)

REASONS FOR REQUESTING EXEMPTIONS FROM THE AFOREMENTIONED REGULATIONS:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates: 14 C.F.R. §91.203(a)(1) states the requirements 

for issuance of an airworthiness certificate as required under FAR §91.203(a)(1). I request an exemption

from this regulation.

U.S.C. §44701(f) and Section 333 of the FMRA authorize the FAA to exempt certain aircraft from the 

requirements for an airworthiness certificate. The size, weight, speed, and operational capabilities of 

the UAS I intend to operate would satisfy an equivalent level of safety as per Part 11 and Section 333 of 

the FMRA. The UAS I intend to operate weighs less than 55 pounds, has no manned crew, and has no 

form of explosive or combustible material on board. Therefore, the UAS will be as safe if not safer than 

any manned aircraft that has an airworthiness certificate, which carries humans and has flammable 

materials (fuel) on board. As my UAS weighs a fraction of any manned aircraft, the potential kinetic 

energy is far less as well, should the UAS crash into something. Furthermore, the size, weight, speed, 

and operational capabilities of my UAS pose no threat to national security.

14 C.F.R. §45.23(b): Marking of the Aircraft: This regulation states: “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.”
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The UAS I intend to operate has no airworthiness certificate, no cabin, no cockpit or pilot station, or no 

place in which affixing two inch lettering would be possible. However the FAA may determine that an 

exemption is required. 

The word “experimental” will be placed on the hull of the aircraft as per §45.29(f) and the equivalent 

level of safety will be provided.

14 C.F.R. §61.113(a)&(b): Private Pilot Privileges and Limitations: This regulation states that 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. I request an exemption from this regulation.

The UAS I intend to operate achieves and equivalent level of safety because it does not carry any 

humans. The risks associated with operating this UAS are less that operating a manned aircraft as 

detailed in 14 C.F.R. 61. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness: The regulation states that no person may operate a civil 

aircraft unless it is of an airworthy condition. Since there will be no airworthiness certificate issued for 

the UAS if this exemption is granted, there will be no standard by which to determine the airworthiness 

of the UAS I intent to operate. I request an exemption from this regulation.

An equivalent level of safety will be maintained by performing regular maintenance checks and 

inspections of the UAS before each flight, and at regular intervals throughout the UAS’ service life.

14 C.F.R. §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft: This regulation states that; “no person 

may operate a U.S. registered 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.” I request an exemption from this regulation.

The size and configuration of the UAS I intend to operate has no ability, nor room to carry such a flight 

manual on the aircraft. Furthermore, there is no pilot on board, nor is the room or capacity for such an 

item on the aircraft.

An equivalent level of safety will be maintained by keeping the flight manual at the ground control point 

(defined as the point from which the PiC is operating the UAS).

14 C.F.R. §91.103: Preflight action: This regulation states that each PiC take certain actions before flight 

to ensure the safety of flight. These actions include things such as takeoff and landing information, 

aircraft performance, and wind and temperature. I request an exemption from this regulation.

The UAS I intend to operate will not takeoff or land at any airports, yet the PiC will review relevant 

information such as wind and temperature and battery requirements as pertains to the safe operation 

of the UAS so that an equivalent level of safety is maintained.

14 C.F.R. §91.109: Flight instruction: This regulation states 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. I request an exemption from this regulation.
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The UAS that I intend to operate, by design, does not have dual controls, nor will I use the UAS to 

conduct flight instruction. In light of this, an equivalent level of safety will be maintained.

14 C.F.R. §91.119: Minimum safe altitudes: This regulation outlines the safe altitudes for 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. I request an exemption from this regulation.

The UAS I intend to operate will never operate at over 400ft AGL. Considering the size, weight, speed, 

operational capabilities, lack of humans onboard, and lack of flammable / combustible materials aboard, 

the equivalent level of safety will be maintained when compared to manned operations of a similar 

nature. The low altitude operations of the UAS will ensure that there is separation between the UAS 

and conventional aircraft that must adhere to 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.” I request an exemption from this 

regulation.

The UAS I intend to operate does not have a barometric altimeter that can accept conventional 

altimeter settings, so an equivalent level of safety will be maintained by using the GPS functionality of 

the UAS. Specifically, the PiC will ensure that the GPS readout is zero (0) at the takeoff point. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions: This regulation 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.” I request an exemption from this regulation.

The UAS I intend to fly has a maximum endurance of 20 minutes, and carries no liquid fuel, only a 

battery to supply power. Given the size, weight, speed, and limited operational capabilities of the UAS 

that I intend to fly, none of the risks that §91.151(a) was designed to safeguard against even apply –

therefore, and equivalent level of safety will be provided.

14 C.F.R. §91.203 (a)&(b): Carrying Civil Aircraft Certification and Registration: This regulation states 

that except as stated in §91.715 (a) no person may operate a civil aircraft unless it has within it the 

following: (1) An appropriate airworthiness certificate... (b) No person may operate a civil aircraft unless 

the airworthiness certificate required by paragraph (a) of this section ... is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. I request an exemption from this regulation.

The UAS that I intend to fly weighs less than 55 pounds, and as previously stated has no form or cockpit, 

nor a manned crew. Therefore, there is no place for the UAS to carry any registration or certification 

documents. Any documents required by the FAA will be kept at the ground control point; therefore an 

equivalent level of safety will be maintained.

14 C.F.R. §91.405 (a); 407 (a)(1); 409 (a)(2); 417(a)&(b): Maintenance Inspections: These regulations 

state 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, 
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have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with part 43. I request an exemption from these regulations.

As part 43 applies to aircraft with airworthiness certificates, these sections would not apply to the UAS I 

intend to operate, if my UAS is exempted from having an airworthiness certificate. Maintenance will be 

carried out by me in accordance with my knowledge, experience, and the recommended instructions 

from the manufacture of the UAS I intend to operate. Given the size, weight, speed, and limited 

operational capabilities of the UAS I intend to operate, an equivalent level of safety will be provided.

SUMMARY OF REQUEST FOR EXEMPTION FOR THE FEDERAL REGISTER:

As directed by 14 C.F.R. §11.81 (f), the following is a summary of my petition for exemption provided for 

the publication in the Federal Register. Chad de Alva is requesting exemptions from the following 

Federal Aviation Regulations to the extent that they would apply to his UAS:

1. 14 C.F.R. Part 21, Subpart H

2. 14 C.F.R. 45.23 (b)

3. 14 C.F.R. 61.113 (a)&(b)

4. 14 C.F.R. 91.7 (a)

5. 14 C.F.R. 91.9 (b)(2)

6. 14 C.F.R. 91.103 (b)

7. 14 C.F.R. 91.109

8. 14 C.F.R. 91.119

9. 14 C.F.R. 91.121

10. 14 C.F.R. 91.151 (a)

11. 14 C.F.R. 91.203 (a)&(b)

12. 14 C.F.R. 91.405 (a)

13. 14 C.F.R. 91.407 (a)(1)

14. 14 C.F.R. 91.409 (a)(2)

15. 14 C.F.R. 91.417 (a)&(b)

Chad de Alva is requesting this exemption, as the FAA may consider the UAS he intends to operate an 

‘aircraft’ under the FAA’s definition of the word. Therefore, an exemption from certain regulations may 

be required so that Chad can operate a UAS to obtain saleable photos and videos. Chad de Alva will 

conduct all flight operations with the fullest regard and consideration for the safety of all persons and 

property.

WHY GRANTING THIS EXEMPTION IS IN THE PUBLIC INTEREST:

Operating a UAS as intended (to obtain saleable photos and videos) poses less of a risk to persons and 

property than operating a manned aircraft in the same manner. As the UAS I intend to operate carries 

no humans, it is inherently safer than any aircraft that requires a manned crew to operate. 

Furthermore, the UAS I intend to operate weights much less than 55 pounds, and therefore the 

potential kinetic energy of the UAS (should the UAS crash into something) is much less than any form of 

manned aircraft which weights much more. Both of these factors should explain why the UAS I intend 

to operate poses far less risk to persons or property in the air or on the ground. 

The UAS I intend to operate is much more environmentally friendly than a conventional manned aircraft 

that requires aviation fuel to fly. The UAS I intend to operate produces no direct carbon emissions, nor 
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does it produce any excessive noise, unlike turbine or internal combustion engines found in 

conventional aircraft that would otherwise have to be used.

If granted, this exemption would serve as a successful part of helping congress integrate UAS into the 

NAS. Granting this exemption would only serve to help realize congress’ and therein, the people’s goals 

as found in the FMRA. 

CONCLUSION:

I am submitting this petition for exemption from regulations that would impact my ability to create 

saleable media. My request is in the public interest, and I am able to provide an equivalent level of 

safety to the regulations from which I am requesting exemption. 

I have stated which regulations I am requesting exemption from, and how operating my UAS would 

provide an equivalent level of safety. I have stated how operating my UAS would be in the public’s best 

interest, as the UAS poses less risk, produces less noise and carbon emissions, and helps congress 

integrate UAS into the NAS. Furthermore, the size, weight, speed, and limited operational capabilities of 

the UAS I intend to operate pose no threat to national security.

I believe that I have provided more than enough reasonable and logical justification for the FAA to grant 

me exemption from the aforementioned FARs, and that I have presented this material in a way that is in 

accordance with what congress intended with the FMRA.

I request that the FAA grant this exemption.

Thank you for your time and your consideration.

Sincerely,

Chad de Alva