)'Oilo--) 30 3 

January 14~ 2016 

Michael's Drone Photography, L.L.C. 

2074 Pawnee Dr. 

Kingman, AZ 86401 

(928) 897-2631 

dronephotos@hotmail.com 

U.S. Department of Transportation Docket 

Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

Re: Exemption Request from 14 CFR § 61.56 

Dear Sir(s)/Madam(s): 

..... 

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

Act") and 14 C.F.R. Part 11, Michael's Drone Photography, L.L.C., an Arizona limited liability 

company, the operator ofa DJI Inspire 1 ("UA"), seeks an exemption from the Federal Aviation 

Regulations ("F ARs") as listed and discussed below. 

Michael's Drone Photography's team has flown its UAs, for recreational purposes, for 

hundreds ofhours without incident and was recently granted a similar exemption for its DJI Inspire 

1 UA. Michael's Drone Photography's UAs are equipped to take aerial videography and 

photography to enhance awareness for those individuals and companies unfamiliar with the 

geographical layout of certain areas and augment real estate listings and promote the use of certain 

real estate properties which provides an enhancement to academic research being performed in 

certain geographical areas ("purpose"). Michael's Drone Photography has currently an FAA 

exemption, Exemption No. 12265. This request for exemption is for the FAA to waive the 

requirement for Michael's Drqne Photography's pilots to hold either an airline transport, 

commercial~ private, recreational, or sport pilot certificate. 

1 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
Micl).ael's Drone Photography's exemption request will permit the operation of 

comparatively inexpensive UAs, without the necessity of its pilots holding either an airline 

transport, commercial, private, recreational, or sport pilot certificate, in tightly controlled, 

predetermined and limited airspace. I'h:is airspace will include areas away from genera! public, 5 

nautical miles of an airport, heliports and vehicular traffic for community videos, and within 

property boundaries for real estate listing videos and photos. Michael's Drone Photography has 

safety protocols and controls in place to avoid and prevent public hazards as well as preventing the 

interference with manned aircraft which could cause a hazard or catastrophe. This acts to enhance 

safety protocols unique to Michael's Drone Photography's lightweight UAs being utilized 

specifically for real estate videography and photography. Michael's Drone Photography hope to 

be able to conduct aerial videography and photography to enhance academic community awareness 

and augment real estate listing photos and videos and record other information gained through . 

permitted flight operations which may be shared with the FAA through any required FAA reports 

to assist with the development of future FAA protocols and safety regulations. 

The ·use of Michael's Drone Photography's UAs for these purposes reduces the need to 

operate conventional aircraft, typically needed to perform these types of operations, provides. an 

economic benefit to the business consumer as the Michael's Drone Photography UAs pr~vides 

higher quality imagery at. a fraction of the ~ost of aerial videography and·.photography using 

conventional aircraft. .These sav.ing. s result in not only enhanced efficiency and productivity for . ' 

the affected activities but added environmental and safety benefits to the public at large. These 

savings will be diminished if the pilots are required. to attend flight school training in order, to 

obtain a pilot certiticate. Additionally, there is an increased safety issue when putting an additional 

pilot in a manned aircraft solely for the purpose of obtaining a certificate that the pilot will only 

use below the airspace of mann~d aircraft. The means do not justify the end. 

As described more fully below, Michael's Drone Photography's requested exemption 

would authorize commercial operations of aerial videography and photography, without. the 

necessity of its pilots holding eithe.r an airiine transport, commercial, pri'vate, recreational, or sport 

pilot certificate,. using MichaeFs Drone Photography's UAs, which will. be ope~ated under 

c<;>ntrolled conditions at an altitude of no great~r th~ three hundred (300) feet AGL i~ airspace 

that is limited in scope and will'h~ve automated control features. Michael's Drone Photography's . ' ' 

pilots are. willing to pass an FAA approved ground training exam, if required by . th~ FAA. ~s 

outlined below, the airspace in which Michael's Drone Photography's UAs w~ll operate within will 

be disclosed to the FAA in advance to flight operation. Finally, Michael's Drone Photography's 

UAs will be used in lieu of comparatively hazardous operations now conducted with fixed wing 

and rotary conventional aircraft which should reassure the FAA that these operations will achi~ve 

at least an equivalent level or greater level of safety. · · 

'2 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 · 

Phone: (928} 897~2631 
. . •, ·:,· . :. , . .. 

In the interest of economic efficiency and public safety, Michael's Drone Photography 

hereby respectfully applies for an exemption from 14 CFR § 61.56 to allow commercial operations 

of Michael's Drone Photography's 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. 

Approval of this exemption would thereby enhance safety and fulfill . the Secretary of 

Transportation's ("Administrator") responsibilities under Section 333(c) of the Reform Act to 

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

system." 

As discussed above and more fully described below, the requested exemption would permit 

the operation of small, unmanned and relatively inexpensive UAs under controlled conditions in 

airspace that is limited and predetermined, with the necessity of either an airline transport, 

commercial, private, recreational~· or sport pilot certificate. Approval of this exemption would 

thereby enhance safety and fulfill the Administrator responsibilities to " ... ~stablish requirements 

for the safe operation of such aircraft systems in the national airspace system." Please see Section 

333(c) of the Reform Act. 

The name and address of the applicant is: 

Michael's Drone Photography, L.L.C. 

2074 Pawnee Dr. 

·Kingman, 1\Z 86401 

(928) 897-2631 

REGULATION FROM WHICH THE EXEMPTION IS REQUESTED 

14 C.F.R. 61.56 

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 unma.nn.ed 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 ofUAs do 

not create a hazard to users of the NAS or the public or pose a threat to national secur.!ty in light 

of the following: · · 

• The UA's size, weight, speed, and operational capability; 

3 

Michael's Drpne Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897·2631 
• Operation ofthe UAs in close proximity to airports and populated areas; and 

• Operation of the UAs within visual line of sight ("VLOS") 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 tefllls includes exempting civil aircraft, as the term is defmed under 

§40101 of the Act, that include~ UAs, 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 fmds the exemption in the public interest 49 U.S.C. §4470l(f). See also 49 USC 

§447ll(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

Michael's Drone Photography's UAs are rotorcraft weighing less than five. (5) pounds 

{2.26796 Kg) including energy source(s), equipment and any payload. They operate, w:tder normaJ 

conditions at a ground speed of no more than thirty (30) knots and have the capability to ~over, 

and move in the vertical and horizontal plane simultaneously. The UAs will operate only in line of 

sight and within a safe distance. Such operations will insure that the UA will "not create a hazard 

to users of the national airspace system or the public."3 

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

will operate, Michael's Drone Photography falls squarely within that zone of safety(an equivalent 

level of safety) in which Congre~s ynvisioned that the FAA must, by exemption, allow commercial 

operations ofUAs to commence immediately.· Also due to the size of the UAs and the restricted 

areas in which the relevant UAs will operate, approval of the application presents no national 

security issue. Given the clear direction in Section 333 of the Reform Ac.t~ the authority contained 

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, a.."ld the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with ~Bowing UAs ·for aerial 

videograp~y and photography operations, the grant of the requested exemptions is in the public 

1 Michael's Drone Photography 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 UA, if it should be determined that the conditions set forth herein do. not fulfill the statutory 

requirements for approval. 3

. Reform Act Section 333 (b). 

4 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 8(?401 

Phone: (928) 897-2631 
interest. Additionally, there is economic efficiency ·created with. the use of Michael's Drone 

Photography's UAs as the typical cost to perform aerial videography and photography with 

helicopters .and airplanes heavily multiplies the cost to business consumers and government 

agencies, including law enforcement, for the services which are to be provided by Michael's Drone 

Photography. Again, this economic efficiency is lessened when the pilot has to hold either an 

airline transport, commercial, private, recreational, or sport pilot certificate. 

THE EXTENT AND BASIS OF THE RELIEF SOUGHT BY MICHAEL'S DRONE 

PHOTOGRAPHY 

Michael's Drone Photography submits this application in accordance with the Reform Act, 

112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FAR operating that presently 

prevents Michael's Drone Photography from contemplated commercial video~graphic, 

photographic and other flight operations within the national airspace system, without its pilots 

holding either an airline transpprt, commercial, private, recreational, or sport pilot certificate. The 

Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. Michael's Drone Photography's 

UAs meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the 

integration of Michael's Drone Photography's ultralight weight UAs is expressly contemplated by 

~the Reform Act. Michael's Drone Photography would like to operate its ultralight weight UAs 

without the necessity of its pilots holding either an airline transport, commercial, private, 

recreational, or sport pilot certificate, prior to the time period by which the Reform Act requires 

~e FAA to promulgate rules governing such craft. Thereby, providing direct experience and 

valuable information for formal regulation that can be administered uniformly to all real estate 

related UA aerial videography and photography. The Reform Act guides the Administrator in 

determining the types of UAs that may operate safely in our national airspace system. These 

considerations include: weight, size, speed and overall capabilit~es of the UAs; whether the UAs 

will be operated near airports or heavily populated areas and; whether the UAs will be operated by 

line of sight.4 Each of these items is favorable to the grant of an exemption to Michael's Drone 

Photography. Michael's Drone Photography's UAs utilize four {4) counter-rotating propellers for 

bal~ce, control and stability. Michael'g Drone Photography's UAs are equipped with GPS and 

auto return safety technology. Michael's Drone Photography's UAs weigh less than five (5) pounds 

including camera and gimbal assembly. Under Michael's Drone Photography's restrictions by 

the FAA, Michael's Drone Photography's UA shall not fly higher than 400 feet, well below the 

airspace of other manned aircraft. Michael's Drone Photography's UAs are already prohibited 

from flying within 5 nautical miles of an airport. Michael's Drone Photography would like to 

operate in a very rural city wherein there is nqt a large population of people and major building~. 

5 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897~2631 
· 4 112 P.L. 95 § 333 (a). 

Michael's Drone Photography puts safety first when considering any UA flight. Michael's 

Drone Photography's small UAs are designed to hover in place via GPS and operate in less than a 

24 knot (27 mph) wind. In order to increase safety plus stability and limit harm and financial loss 

of property, Michael's Drone Photography will not fly its UAs in winds exceeding 15 knots (17 

mph). Michael's Drone Photography's established safety systems include a GPS mode that allows 

its UAs to hover in place when radio controls are released. Michael's Drone Photography's UAs 

have three modes to choose from, Michael's Drone Photography utilizes the Intelligent Orientation 

Control (IOC) Flight (with GPS & compass module)5 for aerial videography and photography. 

This mode is the safest, most reliable and stable mode to prevent accidents and being a hazard to 

others. When pilot communication is lost, Michael's Drone Photography's UAs are designed to 

return then slowly descend to the point of takeoff. Michael's Drone Photography does not operate 

its UAs near airports, hospitals, police heliports or news channel heliports. Michael's Drone 

Photography does not operate its UAs in areas where general public is within fifty (50) to one 

hundred (100) yards depending on location, conditions and weather. Michael's Drone 

Photography's pilots and observers are constantly on alert for any manned aircraft and prepared to 

immediately abort. and land the UA at the nearest and safest ground point in the event a manned 

aircraft approaches or the Michael's Drone .Photography pilot or observer suspects a manned 

aircraft may approach the operating area of a Michael's Drone Photography UA. ,Michael's Drone 

Photography's UAs are capable of vertical and horizontal operations, and are flown only within 

my line of sight of the pilot Michael's Drone Photography's UA flights generally last ten (10) 

minutes with an altitude under three hundred (300) and utilize battery· power rather than 

combustible fuels. Michael's Drone Photography does not operate its UAs below the 

manufacturer's recommended minimum charge levels for operation preferring to remain well 

within a safe operating range to insure adequate communication between radio control and the 

UAs to eliminate potential for crashes, loss of control or hazard. Fully charged reserve batteries 

are on hand with to insure replacement for a sufficiently safe level of operation. Michael's Drone 

Photography operates very conservatively and does not believe in taking risks that may cause a 

crash or that could create hazard to the public, property and manned aircraft. Mic-hael's Drone 

Photography's pilots have made numerous practice flights in order to simulate flights for future 

commercial use to gain familiarization with the characteristics of this specific UA's performance 

under different temperature and weather conditions. 

Michael's Drone Photography is extremely cautious when op~rating of its UAs and will 

not "create a hazard to users of the national airspace system or the public.~'6 Given the small size 

and weight of Michael's Drone Photography'$ UAs, they fall well within Congress's contemplated 

safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAs 

into the national airspace system. Michael's Drone Photography's UAs, utilized-in hobby f-light, 

has a demonstrable saf~ty record and do not pose any threat to the general public or nati~:mal 

6 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
security. Hobbyists are not required to hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate and Michael's Drone Photography. respectfully requests that 

its pilots be exempted from such a requirement also. 

5 GPS and Vision Positioning both available, and the aircraft uses GPS for positioning (P-GPS) 

6 112 P.L. 95 § 333 (b). 

MICHAEL'S DRONE PHOTOGRAPHY'S REQUEST WILL BENEFIT THE PUBLIC 

AT LARGE 

Aerial videography and photography for geographical awareness and for real. estate 

marketing and promotion has been around for a long time through the use of manned fixed wing 

aircraft and helicopters. The challenge for smaller real estate companies and average landowners 

is that the expense related to manned videography and photography is cost prohibitive. Typically, 

only large businesses, large high end real estate companies and high net worth landowners are able 

to absorb such an enormous expense. This deprives non-luxury landowners and small revenue real 

estate companies from the enjoying the benefit of this valuable marketing and promotional tooL 

Manned aircraft pose a clear threat to the general public through potential catastrophic crashes that 

may occur .. There are many documented events where a manned aircraft has crashed into populated 

. ~eas with the size and combustibility of these manned aircraft causing large property damage, 

human injuries and loss of life. Michael's Drone Photography's UAs pose no such threat since 

size and lack of combustible fuel alleviates any of these potential threat to the public. 

With the passage of the Reform .(\ct, Congress has already proclaimed that it is in the 

public's interest to integrate commercially flown UAs into the national airspace system. The grant 

of the exemption request by Michael's Drone Photography furthers the public interest through 

.academic and visual awareness of the geographical benefits of certain areas and by making this 

cost effec~ive alternative available to small real estate companies and the average landowner. 

Michael's Drone Photography's ultralight UAs ~e battery powered and create no emissions that 

may harm the environment. In the unlikely event of a Michael's Drone Photography U A crash, the 

consequence is far less than a full size helicopter or fixed wing aircraft, which are heavy and 

contain combustible fuel, crashing and causing catastrophic devastation to the public. 

The public's interest is furthered as Michael's Drone Photography minimizes ecological 

and crash threat by permitting aerial videography and photography captured through Michael's 

Drone Photography's battery operated ultralight UA's. Permitting Michael's Drone Photography 

to immediately fly within national air space, but no higher than 300 feet, furthers not only public 

safety but economic growth. Granting Michael's Drone Photography's exemption request 

substantially furthers the economic impact for any community and for companies looking to 

7 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
· ·relocate or build in a certain community as well as individuals looking to relocate to a community 

for career advancement through academic and geographical awareness provided by Michael's 

Drone Photography. In the end, the granting of this exemption to Michael's Drone Photography 

will serve as a benefit and stimulus to any community. 

MICHAEL'S DRONE PHOTOGRAPHY'S EXEMPTION WILL NOT ADVERSELY 

AFFECT 

SAFETY AND WILL PROVIDE A LEVEL OF SAFETY AT 

LEAST EQUAL TO EXISTING FAA STANDARDS 

Michael's Drone Photography's exemption will not adversely affect safety, as it will in fact 

enhance safety. Michael's Drone Photography's ability to log significant, controlled and monitored 

flight time in FAA controlled airspace will allow Michael's Drone Photography to contribute to 

the innovation and implementation of new, novel and undiscovered safety protocols for realtors 

that may be embraced by the NAR2 through consistent and ongoing cooperation with the FAA. 

Additionally, the FAA may utilize the new safety protocols for the use ofUAs in FAA controlled . . . . 

airspace for all industries. 

Michael's Drone Photography submits the following representations of enhancements to 

current aerial videography and photography: 

• Michael's Drone Photography's UAs weigh less than 5 pounds (2.26796 Kg) complete with 

the camera and gimbal assembly; 

• Michael's Dro~e Photography will only operate its UAs below three hundred (300) feet or 

less, which is well within the three hundred (300) feet ceiling having. been established by 

the Reform Act of2012; . 

• Michael's Drone Photography's UAs only operate for ten (1 0) minutes per flight; 

• Michael's Drone Photography lands its UAs prior to manufacturer's recommended 

minimum level of battery power; . . . . 

.Michael's Drone Photography's pilots operate the UAs through Visual Line of Sight only; 

• Michael's Drone Photography's UAs have a GPS flight safety feature whereby the UA hovers 

and then slowly lands if communication with the pilot is lost; 

e Mjchael's Drone Photography actively analyzes its flight data and other sources of 

information to constantly update and enhance its safety protocols; 

2 National Association of Realtors, http://www.realtor.org/ 

8 

MichaeVs Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
• Michael's Drone Photography only operates in reasonably safe envirorunents which are 

strictly controlled and away from power lines, elevated lights, airports and actively populated 

areas; 

• Michael's Drone Photography conducts extensive pre-flight inspections and protocol to 

ensure safety remains the primary concern; 

• Michael's Drone Photography always obtains all necessary permissions from the FAA and 

landowners prior to the operation its UAs and; 

• Michael's Drone Photography has established safety procedures in place to abort flights in 

the event of safety breaches or any potential danger. 

Michael's Drone Photography's safety protocols provide a level of safety equal to or 

. exceeding existing FAA rules. It is important to note that absent the integration of commercial 

UAs into our national airspace system, manned fixed wing airplanes and helicopters are the 

primary means of aerial videography and photography for community awareness and real estate 

uses. While the safety record of such helicopters is outstanding, there have been incidents involving 

loss of life as. well as extensive property damage due to crashes of these manned aircraft and it is 

far safer and less expensive to operate a battery powered Michael's Drone Photography's ultralight 

UAs to accomplish the same task. The potential for loss of life is great diminished with a UA as 

Michael's Drone Photography's UAs carry no people or fuel on board and the UAs are also very 

small and versatile which allows Michael's Drone Photography to avoid hazards quickly and 

safely. The chance of loss of life is increased when Michael's Drone Photography's pilots are 

required to obtain a pilot certificate. 

Accordingly, Michael's Drone Photography respectfully requests that the FAA grant the 

requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Michael's Drone Photography proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed herein. These 

limitati<ms 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 

operations conducted with conventional aircraft. The FAA has noted in past exemptions that 

"Conventional aerial video operations, using jet or piston-powered aircraft present risks associated 

with aircraft that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large 

quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the 

survey location. Please see FAA Exemption 11110. 

9 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 · 
----·-·-------------~---------------

' ••• •••••••••·• f 

These limitations and conditions to which Michael's Drone Photography agrees to be 

bound when conducting all operations under an FAA issued exemption inClude: 

1. The UAs will weigh less than five (5) pounds (2.26796 Kg). 

2. Maximum total flight time for each operational flight will be ten (1 0) minutes. Flights 

will be terminated at thirty percent (30%) battery power reserve should that occur 

prior to the ten (1 0) minute limit. 

3. · ·Flights will be operated at an altitude of no more than three hundred (300) feet AGL. 

4. Minimum crew for each operation will consist of the UA Pilot and a Visual Observer 

("VO"). 

5. The UAs will only operate within a safe area. 

6. A briefing will be conducted with regard to the planned UA operations prior to flight 

operations. It will be mandatory that all personnel who will be performing duties 

. with regard to the flight operatiqns be present for this briefing. 

7. The Pilot and VO will have been trained in operation ofUAs generally and received 

up-to-date information on the particular UA to be operated and the UA will be 

operated in conformity with Michael's Drone Photography's protocols. 

8. The PILOT and VO will at all times be able to communicate via. voice 

communication. 

9. Written and/or oral permission from the relevant property holder(s), or their 

· authorized representative(s), will be obtained. 

10. 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. 

ll. If the UA loses communications or loses its GPS signal, the UA will return to the 

launch site of the U A, or another more appropriate site, and land. 

12. The UA will have the capability to abort a flight in case ofunpredicted obstacles or 

emergencies. 

14 C.F.R. § 61.113(A) & (B); 61.133(A): PRIVATE PILOT PRIVILEGES 

ANDLIMITATIONS; PILOT IN COMMAND; COMMERCIAL PILOT PRIVILEGES 

AND LIMITATIONS: PILOT IN COMMAND 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft. that carries a pilot, passengers, and cargo, the UA in this case i~ remotely 

controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot's license to be pilot in command of an aircraft for 

compensation or hire. Michael's Drone Photography respectfully proposes that operator 

requirements should take into account the characteristics of the particular UA. Michael's Drone 

10 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
Photography's UAs have various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application including a 

fly back to launch point to terminate the flight. Since hobbyists are not required to have a pilot 

license, Michael's Drone Photography requests exemption for the need of the pilot to be licensed 

as a pilot by the FAA. 

• Detection of lost GPS or of insufficient satellites initiates an immediate return to launch 

location. 

• Low power on the aircraft triggers escalating alarms at 30% and 15% levels. 

• The aircraft weighs less than five (5) pounds (2.26796 Kg), fully loaded. 

Given these safety features, Michael's Drone Photography proposes that operators of the · 

UAs should not be required to hold either an airline transport, commercial, private, recreational, 

or sport pilot certificate. 

Michael's Drone Photography notes that the FAA has found that safety factors permitted 

operation of UAs by operators with these qualifications in the case of operations pursuant to 

public CO As where the mandatory operating conditions specified above are present. Please see 

Federal Aviation Administration, Notice N-8900 .. 227, Unmanned Aircraft Systems (UAS) 

Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 

49 U.S.C.§44701(f) to waive the pilot requirements for commercial operations. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of Michael's Drone Photography's UAs without either an airline transport, 

commercial, private, recreational, or sport pilot certificate, under the conditions set forth herein. 

The risks associated with the opera_tion of Michael's Drone Photography's UAs (given its 

size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level 

of risk associated with private pilot operations or commercial operations contemplated by Part 61 

with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAs as set 

forth above meets or exceeds the present lev.el of safety provided under 14 C.F .R. § 61.113( a) & 

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under 

§61.133(a). 

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 not requiring the PILOT operating the aircraft to either an airline 

transport, commercial, private, recreational, or sport pilot certificate to operate these small UAs. 

Unlike a conventional ~rcraft that carries the pilot and passengers, the UAs are remotely controlled 

11 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
with no living thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety provided by Michael's Drone 

Photography's exceeds that provided by a single individual holding a pilot's certificate operating 

a conventional aircraft. The risks associated with the·operation of the UAs are so diminished from 

the level of risk associated with commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the UAs ~requested exceeds the present level of safety achieved by 14 

C.F.R. §61.113 (a) & (b). 

14 C.F.R. §91.109: FLIGHT INSTRUCTION 

Section 91.109 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. 

Please see FAA Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided as 

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 UAs that are a helicopter and the exemption requests authority to operate 

at altitudes up to three hundred (300) feet AGL, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions, the UAs will never operate at 

higher than. three hundred (300) feet AGL. It will however be operated in a restricted area with 

perimeter, where buildings and people will not be exposed to op~rations 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 • ' I 

property owner or local officials. Because of the advance notice to the property owner(s), or their 

authorized representative(s), all affected individuals will be ~ware of the planne_d fl:ight operations. 

When.one compares the flight operations proposed herein with aircraft or rotorcraft weighing far 

12 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
in excess of the less than five (5) pounds (2.26796 Kg) and the lack of flammable fuel, any risk · ·· 

associated with these proposed operations is far less than those presently presented with 

conventional aircraft operating at or below five hundred (500) feet AGL. In ·addition, the lowaltitude operations of the UAs will ensure separation between these small UAs operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Michael, s Drone Photography seeks an exemption from the following rule: 

14 C.P.R. §61:56 to operate commercially a small unmanned vehicle weighing less than 

fifty-five (55) pounds (25 Kg) in its operations with the necessity of the pilot holding either an 

airline transport, commercial, private, recreational, or sport pilot certificate. 

Approval of exemptions allowing commercial operations ofUAs in the purposes outlined 

above (or similar operations) will enhance safety by reducing risk. Conventional aerial 

videography and photography operations, using jet or piston power aircraft, operate at extremely 

low altitudes just feet from the object being photographed and often in extreme proximity to people 

and structures; and present the risks associated with vehicles that weigh in the neighborhood of 

four thousand ( 4,000) pounds, carrying large amounts of jet A or other fuel (one hundred and forty 

(140) gallons for jet helicopters). Such aircraft must fly to and from the site's location. In contrast, 

a UAweighing less than five (5) pounds (2.26796 Kg) pounds and powered by batteries eliminates 

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

UA is carried to the site of the purposes outlined above (or similar operations) and not flown to the 

site. The UA will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. · 

The operation of small UAs, weighing less than five (5) pounds (2.26796 Kg), conducted 

in the strict conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting Michael's Drone Photography 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, controlled or approved property with the property 

owner's, or their authorized representative, prior consent and knowledge. The aerial videography 

13 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

· Phone: (928) 897-2631 
and photography will be of structures and property whose owner, or authorized representative, has 

consented to the aerial videography and photography or otherwise have agreed to be in the area 

where aerial videography and photography will take place. The grant of this exemption request 

will provide improved safety in all operations. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012- 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 granting of the 

requested exemptions allowing commercial operation of Michael's Drone Photography's UAs. 

SUMMARY OF MICHAEL'S DRONE PHOTOGRAPHY'S REQUEST FOR AN FAA 

EXEMPTION 

1. Michael's Drone Photography's UAs must weigh less than five (5) pounds 

(2.26796 Kg), including energy source(s) and equipment. Operations authorized by the grant of an 

exemption are limited to the following aircraft: Michael's Drone Photography's UA aircraft 

variant, bearing serial #PH645210898 onward as additional UAs are utilized by Michael's Drone 

Photography provided the additional UAs are of the same or similar specifications as the UA 

bearing serial# PH645210898. Any proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

2. Michael's Drone Photography's UAs may not be flown at a ground speed exceeding 

thirty (30) knots. 

3. Michael's Drone Photography's flights must be operated at an altitude of no more 

than three hundred (300) feet above ground level (AGL), as indicated by the procedures. All 

altitudes reported to ATC must be in feet AGL. 

4. Michael's Drone Photography's UAs must be operated within the VLOS of the 

PILOT at all times. This requires the PILOT to be able to use human vision unaided by any device 

other than corrective lenses. 

5. All Michael's Drone Photography operations must utilize aVO. The VO may be 

used to satisfy the VLOS requirement as long as the PILOT always maintains VLOS capability. 

The VO and PILOT must be able to communicate verbally at all times. 

6. Prior to each flight the PILOT must inspect the U A to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the aircraft 

is prohibited from operating until the necessary maintenance has been performed and the U A is 

14 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
found to be in a condition for safe flight. A Ground Control Station, if utilized, must be included 

in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records. 

7. Any UA that has undergone maintenance or alterations that affect the UA's 

operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PILOT who conducts the functional test flight must make an entry in the 

UA's aircraft records of the flight. 

8. Michael's Drone Photography must follow the manufacturer's UA 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 

When unavailable, aircraft maintenance/component/overhaul, replacement, and 

inspection/maintenance requirements must be established and identified. At a minimum, 

requirements for the following may be included in protocols and controls to be established by 

Michael's Drone Photography: 

a. Actuators/Servos; 

b. Transmission (single rotor); 

c. Power plant (motors); 

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 

1. Ground control station (if used); and 

J. Any other components as determined by Michael's Drone Photography. 

9. If the UAs lose communications or loses its GPS signal, the UAs must return to a 

pre-determined location within the security perimeter and land or be recovered. 

10. The UAs must abort the flight in the event ofunpredicted obstacles or emergencies. 

11. Each UA operation must be completed within ten (10) minutes flight time or with 

thirty percent (30%) battery power remaining, whichever occurs first. 

15 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
12. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 

13. Michael's Drone Photography has developed procedures to document and maintain 

a record of the UA's maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAs. 

14. Each UA operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15. The preflight inspection section in Michael's Drone Photography's Confidential 

Protocols and Controls Exhibit includes the following requirement: The preflight inspection must 

account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the 

relevant preflight inspection. 

16. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

17. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PILOT at the Ground Control Station, if utilized, of the UA at any time the UA is operating. These 

documents must be made available to the Administrator or any law enforcement official upon 

request. 

18. Michael's Drone Photography's UAs must remain clear and yield the right of way 

to all other manned operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.). 

19. Michael's Drone Photography's UAs may not be operated less than five-hundred 

(500) feet below or less than two-thousand (2,000) feet horizontally from a cloud or when visibility 

is less than three (3) statute miles from the PILOT. 

20. Michael's Drone Photography's UA may not operate in Class B, C, or D airspace 

without written approval from the FAA. The UA may not operate within five (5) nautical miles of 

the geographic center of a non-towered airport as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a NOT AM as required by the Michael's Drone Photography's COA. 

16 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631 
. ···.·: ... 

The letter of agreement with the airport management must be made available to the Administrator 

upon request. 

21. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the FAA's 

UA Integration Office (AFS-80) within twenty-four (24) hours. Accidents must be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

22. Michael's Drone Photography's UAs, the UA's PILOT, and the UA's operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 

91. 

Therefore, Michael's Drone Photography respectfully requests the FAA grant an exemption 

pursuant to its application as outlined above. 

Sincerely, 

~yers, Manager 

Michael's Drone Photography, L.L.C. 

17 

Michael's Drone Photography, 2074 Pawnee Drive, Kingman, Arizona 86401 

Phone: (928) 897-2631