February 1, 2016

U. S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) 

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) 

(2);91.417 (a) & 

Dear Sir or Madam: 

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

C.F.R. Part 11, Jared Mills, operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to 

conduct aerial videography and photography for the purposes of real estate projects, weddings, 

mapping, land and crop surveys, and other flight operations that could be performed safely and more 

cost effectively with the use of small UAS at low altitude within the U.S. national airspace system as 

compared to a manned aircraft, hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, 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.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations in the above industries 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.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Jared Mills

339 Blackberry Ave

Riverside, IA 52327

Phone: 319-330-3803

Email: jared@midwestwhitetail.com

The sUAS model is the DJI Phantom 3 Professional.

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 
14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

-The UAS's size, weight, speed, and operational capability;

-Operation of the UAS in close proximity to airports and populated areas; and

-Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c) (emphasis added)1.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness 

certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 

14 CFR §91.203 (a) (1). 

 

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be 

determined that the conditions set forth herein do not fulfill the statutory requirements for approval.
Jared Mills’s sUASs are rotorcraft, weighing 5 lbs or fewer, including payload. They operate, under 

normal conditions at a speed of no more than 35 mph and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate 

only within the sterile area described in the sUAS's OPERATIONS MANUAL, attached as Exhibit 1 

(hereinafter “the Manual”). Such operations will insure that the sUAS will “not create a hazard to users 

of the national airspace system or the public.”2

Given the small size of the sUASs involved and the restricted sterile environment within which they 

will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

sUASs will operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for aerial videography operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure because 

the proposed operations represent a safety enhancement to the already safe aerial videography

operations conducted with conventional aircraft.

These limitations and conditions to which Jared Mills agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1) The sUAS will weigh less than 10 lbs.

2) Flights will be operated within line of sight of a pilot and/or observer.

3) Maximum total flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4) Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above 

an elevated platform from which filming is planned.

5) Minimum crew for each operation will consist of the sUAS Pilot as well as the Visual Observer with 

sUAS's always in sight.

6) sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS

Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial

Coordinator), that person can also be designated as PIC.

7) The UAS will only operate within a confined “Sterile Area” as defined in the Manual. A “Security

Perimeter” for the flight operations area will be determined prior to flight.

 

2 Reform Act Section 333 (b).
8) A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

production activities. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

9) The operator will obtain the consent of all persons involved in the filming and ensure that

only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be 

reduced to 30 feet based upon an equivalent level of safety determination, as required by Section C of 

the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be 

approved.

10) The operator will submit a written Plan of Activities to the FSDO three days before the proposed 

shoot as required in Section E and F of the Manual.

11) Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated.

12) Observer and pilot will at all times be able to communicate verbally.

13) Written and/or oral permission from the relevant property holders will be obtained.

14) All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15) If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to 

a pre-determined location within the Security Perimeter and land.

16) The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

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 sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and 

under the requirements and in compliance with local public safety requirements, to provide security for 

the area of operation as is now done with conventional filming. The FAA will have advance notice of 

all operations. These safety enhancements, which already apply to civil aircraft operated in connection 

with aerial production, 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 sUAV, 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 sUAV marked on its fuselage as required by §45.29 

(f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 

8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial 

pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the 

requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot’s 

certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 when

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present 

level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

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 and the requirements 

contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections 

I and J, 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 sUAS, 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 sUAS will have immediate access to it. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

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. An 

equivalent level of safety will be provided as set forth in Sections H and K of the Manual. The PIC will take all 

actions including 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.

sUASs 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. See Exemption Nos.5778K & 9862A. 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 sUAS 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, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 

400 AGL. 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 as set forth in Section H of the Manual. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 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 the aerial videography industry. In addition, the lowaltitude operations of the sUAS will ensure separation between these small-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 sUAS 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 Manual 
and Safety Check list, 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 sUAS provides approximately 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS 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 night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 

FAR 91.151 (a)). Operating the small 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 sUAS 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 30 minutes or 

25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS 

to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 

10808.

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 sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the

pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The 

FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

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 

and operating handbook as referenced in the Manual (See Section 8). An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 400 feet AGL. As provided in the Manual, 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.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should 

it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) 

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial 

videography operations.

Approval of exemptions allowing commercial operations of sUASs in the aerial videogrpahy industry 

will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at 

extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and 

structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying 

large amounts of jet A or other fuel (140 gallons for jet helicopters shown below). Such aircraft must fly to and 

from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the aerial set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose 

them to the risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are 

far safer than conventional operations conducted with turbine helicopters operating in close proximity to the 

ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to 

be in the area where filming will take place.

Aerial filming is currently conducted in both day and night environment, as flown today in highly 

populated and/or urban areas, with turbine powered helicopters. The grant of this exemption request will provide 

improved safety in both day and night operations.

Night operations will also be conducted by sUASs. Such operations are fully lighted so that visibility is 

as though filming was conducted during daylight hours.
Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of sight and national 

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

commercial operation of applicant’s UAS in the aerial videography industry pursuant to the Manual appended 

hereto.

Sincerely,

Jared Mills

319-330-3803