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August 18, 2015

U .S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 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)(2); 14 CFR 91.417(a) and (b) 

To Whom It May Concern: 

This application is being submitted on my own behalf. 

As the operator of Unmanned Aircraft Systems (UAS), I (hereby referred to as “Petitioner”) hereby apply 

for an exemption from the below listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of UAS’s, as 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. Petitioner requests this exemption 

in order to safely operate a UAS in the National Airspace System for the purpose of aerial photography, 

videography and data acquisition for, at a minimum, real estate, land survey, insurance and construction

industries as well as applications for public safety, rescue and situational awareness. 

As described fully below, flight operations would be conducted in a limited, controlled, and 

predetermined manner in compliance with the conditions of approval and other FARs as applicable. This

will provide for safety enhancements for similar operations in these industries presently using 

conventional aircraft. Approval of this exemption would increase public education and awareness of 

sUAS operations. Aviation safety will be enhanced through petitioner voluntarily making available to 

the FAA flight data including UA flight time, incident, accident and deviations from normal operations, 

and aid in fulfilling 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.”

Name/Address of Petitioner:

Richard Moscioni

11 McVickers Lane

Mendham, NJ 07945

rmoscioni@msn.com

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2)

14 CFR 91.103
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14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Given the size of the UAS, as well as the safety/controlled environment that it will be operated in, the

proposed operations will adhere to the Reform Act’s safety requirements. 

The approval of this application presents no national security issues. 

PUBLIC INTEREST

The commercial activities proposed by Petitioner herein represent contributions to new forms of air 

commerce thereby fulfilling the FAA’s statutory mandate under the FAA Modernization and Reform Act 

of 2012. With respect to 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. The use of UAS to facilitate commerce can help to 

encourage economic growth. Use of videography/photography is a valuable tool that can increase 

commerce through benefits to crop surveying and inspections, improvement of work site efficiency, 

marketing of real estate etc. Use of UAS for public safety, situational awareness and accident 

investigations and rescue operations can reduce risk for first responders and save lives. The petitioner will 

pursue these applications and provide critical aerial data in the public interest.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The Petitioner proposes to operate the DJI Inspire 1 and the DJI Phantom 3 UAS. The operation 

limitations proposed offer an equivalent or higher level of safety because operations will

further enhance the safety of the persons and/or property using conventional aircraft. These

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

operations under the FAA issued exemption as set forth in the Operations Manual include:

• The UAS will weigh less than 55 lbs.

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

• 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%

battery power reserve or 30 minutes of flight time, whichever occurs first.

• Flights will be operated at an altitude of no more than 200 feet Above Ground Level (AGL) OR the 

height of the obstacle from which the PIC is operating, OR in certain circumstances where the UAS is 

used to survey or photograph a structure whose height exceeds 200 feet AGL whichever is higher.

• Minimum crew for each operation will consist of the UAS Pilot and the Visual Observer (VO). It might
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also include a Sensor Operator, or any other necessary personnel to provide a safe environment.

• The UAS pilot in command will be a FAA certificated pilot with at least a sport pilot's license and a 

FAA medical certificate OR a valid driver's license. 

• A flight planning and safety briefing will be performed regarding the planned UAS operations prior to 

each project.

• All flights will occur under daytime Visual Flight Rules Meteorological Conditions (VMC) 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. A letter of 

agreement with that airport’s management will be obtained and a NOTAM will be filed no more than 72 

hours but no less than 48 hours from planned operation.

• Flights will be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, 

vehicles, vessels or people not associated with the operation or who have not signed a waiver in advance 

of the operation. 

• 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 communicate by voice or radio 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 as appropriate.

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

capability to return to a predetermined 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. 

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 petitioner, 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. 
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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 are less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no explosive 

materials or flammable liquid fuels, and operate 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. 

The FAA will have advance notice of all operations. 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. 

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 CFR § 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 CFR § 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. Petitioner

may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s

UAS does 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.

14 CFR §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 CFR § 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
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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 CFR § 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 aircraft flight manuals will not be provided for the aircraft an exemption will 

be needed. The PIC will take all actions as stated in the respective Operations Manuals including but not 

limited to reviewing weather, flight battery requirements, landing and takeoff primary and contingency 

areas, and aircraft performance data before initiation of flight.

14 CFR §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. 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 CFR §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 rotorcraft and the exemption requests authority to operate at

altitudes up to 200 AGL or not more than 200 feet above an elevated platform from which filming is

planned, or with the exception that in circumstances where the UAS is used to survey or photograph a 

structure whose height exceeds 200 feet AGL, an exemption may be needed to allow such operations. 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 mission activity, all 

affected individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighing 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 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 CFR §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.
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14 CFR § 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.” Petitioner 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. Petitioner believes 

that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 30% of battery 

power— whichever occurs 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 CFR §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. 

14 CFR §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

Petitioner. 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 200

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. Most importantly, 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 and Maintenance Manual. As provided in these Manuals, the operator will ensure that the 

UAS is in working order prior to initiating flight and perform required maintenance needed per 

manufacturer’s recommendations.

Additional Information

The Petitioner is a FAA certificated Airline Transport Pilot and CFII with over 6,500 hours of aviation 

experience including commercial operations. The Petitioner plans to operate a DJI Inspire1 and Phantom 

3 under this exemption when granted. The Petitioner has successfully completed a comprehensive UAS 

operations training program administered by the UAS Academy located in Virginia. 
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The Petitioner believes this exemption request and associated safety considerations adequately satisfy 

criteria provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the 

granting of commercial operations of the applicant’s UAS and thus, hereby requests your respective 

approval of this request. 

Please notify Petitioner of your actions and or approval.

Thank You for your interest in this request.

Sincerely,

Richard J Moscioni

11 McVickers Lane

Mendham, NJ 07945

rmoscioni@msn.com