Gerald E. Rose 

Aero Photos 

4001 NE ath Place 

Cape Coral, FL 33909 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 · 

1200 New Jersey Avenue, SE 

Washington DC 20590 

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Re: Exemption Request Pursuant to Section 333 of the FAA Reform f\ct 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); 14CFR 91.417{a)·and (b) 

Dear Sir or Madam: 

I recently started a· business to provide aerial photography and video as a service to local 

' · businesses, tourism organizations, private entities, and local government bodies. However, 

current regulations prohibit the use of UAS aircraft for commercial use. Permitting my company 

to use UASs for commercial purposes would allow me to conduct my business, add a service to 

my community and local businesses, as well as to donate my services to local law enforcement 

for their efforts, as needed. 

I am well qualified to safely operate a UAS in a commercial application. I hold a Commercial 

Pilot Certificate for Single Engine Land (Certificate #2677941) and a current Airframe and 

Powerplants Mechanic Certificate (Certificate #2677942). Additionally I held an Inspection 

Authorization license which is presently expired. I participate as an Aviation Safety Counselor 

(#FE2) with the Memphis FSDO. I am also a Systems Instructor for Fed Ex for 17 years, where I 

train and certify mechanics to work on MD1 0, DC1 0 and MD11 Aircraft Systems. Finally, I've 

been involved in model aviation for approximately 25 years, in accordance with Advisory 

Circular 91-57. Therefore I can demonstrate an extensive understanding of the operation of 

conventional aircraft, classes and special use airspace, as well as an extensive understanding 

of the FAA's stance on safety being the number one priority for every flight. I have maintained a 

clean record of aviation safety with no violations nor incidents and will apply that same safety 

culture to the use of UASs. 

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

and 14 CFR Part 11, I, Gerald ERose, operator of an Unmanned Aircraft System (UAS), hereby 

apply for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial 

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

2 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. 

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~ 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 

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." 

The name and address of the applicant is: 

Aero Photos 

Attn: Gerald E. Rose, Owner 

Ph: 901 484-8464 

Email: jerry@aero.photos 

Address: 4001 NE 8th Pl., Cape Coral, FL 33909 

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) 

14CFR91.109 

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) 

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Aero Photos will operate the Yuneec Electric Aviation Model 0500 Typhoon UAS, with a total 

weight of 1700g or 4. 75 lbs. The dimensions are 420mm x 420mm x 240mm or 16.54 inches x 

6.54 inches x 9.45 inches. Under still air the maximum speed is no more than 6.7 m/s or 15 mph 

with a cruising speed of 6. 7 m/s or 15 mph. The Yuneec 0500 Typhoon has the ability to hover 

and move along a vertical and horizontal plane simultaneously. The Yuneec 0500 Typhoon has 

four motors, motor model YUNM4234 KV700, powered by a 5400 mAh 3s 11.1 v Lithium 

Polymer battery. There are four counter rotating propellers, propeller models YUN0500115A 

and YUN050011 B, in use. The Yuneec 0500 Typhoon will be controlled with a Yuneec model 

ST1 0, 10 channel remote controller with an operating frequency of 2.400GHz- 2.483GHz. The 

live video feed will have an operating frequency of 5.728GHz- 5.850GHz. The applicant will 

operate the UAS in line of sight within a closed off and predetermined area owned and/ operated 

by the property representative. 

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 operation limitations proposed below are for an equivalent or higher level of safety because 

of these limitations of our operations, will further enhance the safety of the persons and/or 

property and those flying conventional manned aircraft. 

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption include: 

~ The UAS will weigh less than 55 lbs. 

~ The UAS will have a maximum operating speed of no more than 50mph. 

A Visual Observer (VO) may be utilized when the Pilot in Command (PIC) deems necessary to 

assist with the safe operation of the flight. 

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 30 minutes. Flights will be 

terminated at 30 minutes of flight time, or 25% battery power reserve, whichever occurs 

first. 

~ Flights will be operated at an altitude of no more than 200 feet Above Ground Level 

(AGL) and 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 may include a Visual 

Observer (VO). 

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~ The UAS pilot will be a designated Pilot in Command (PIC) and at least hold a 

satisfactory Sport Pilot's written exam along with a meeting and complying with the 

medical requirements for a Sport Pilot's Certificate. If the PIC feels another operator to 

be qualified with the necessary skills to be PIC & possess the satisfactory Sport Pilot 

written exam, able to meet and comply with medical requirements of the Sport Pilot 

Certificate, that person may be designated PIC provided they have a minimum of 20 

hours of flight time with the UAS. 

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

flight consisting of all the days' production activities. 

~ All flights will occur under Day Visual Meteorological Conditions (DVMC) only. 

~ The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

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

~ 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. If requested by the airport manager or ATC facility, a 

Flight Service Station will be contacted for appropriate filing of a Notice to Airmen 

(NOT AM) of authorized UAS activities, location in relation to the closest published VHF 

Omnidirectional Range (VOR), radial, distance, and altitude block of the UAS activity. 

~ The operator will attempt to obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 50 feet 

of the flight operation, and the radius may be reduced to 20 feet based upon an 

equivalent level of safety determination, with the exception of one person standing next 

to the PIC for observation of photo/video performance, so long as the flight is not 

conducted over the PIC. With the advanced permission of the FSDO, operations at 

closer range of additional persons may be approved. 

~ 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. 

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

~ 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. 

~ If the UAS loses communications with the remote controller, the UAS will have the 

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

autonomously. 

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

weather, or emergencies. 

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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. 

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). 

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. 

Perspective 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 have a Private Pilot Written Exam 

completed satisfactorily along with a current Third Class or higher Medical exceeding the 

current safety levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations 

set forth in the FOM will equate to the safe operation of the UAS. 

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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 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 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. 

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Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 

551bs. 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 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 §91.151 (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, 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 25 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 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. 

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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 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, Gerald E. Rose as been involved in the building and piloting of remote controlled 

aircraft for 25 years. Also the primary pilot, Gerald, has an in-depth understanding of the 

capabilities and safety concerns involved in using this technology as an asset to the community. 

In addition, Gerald E. Rose holds a Commercial Pilot Certificate for Single Engine Land, and an 

Airframe and Powerplants Mechanic Certificate. 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, 

Gerald E. Rose 

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