Philip A. Geddes

1450 Nevada Dr Unit A

Grand Forks AFB, ND

January 16, 2016

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); 14 CFR 91.7(a); 14 

CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 

CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 

91.417(a) and (b).

Dear Sir or Madam:

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

CFR Part 11, Philip A. Geddes, an operator of Small Unmanned Aircraft Systems (“sUAS”), hereby applies 

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

his sUAS, so long as such operations are conducted within and under the conditions outlined herein or 

as my be established by the FAA as required by Section 333.

Commercial operation of sUAS, as described herein, which are equipped with cameras and sensors, 

would operate in the following manner:

1. Aerial video/photography or providing live video feed to assist local volunteer organizations with 

search and rescue operations in cases of an emergency or natural disaster.

2. Research and development of search and rescue and other payloads and systems. 

3. Demonstrations of sUAS and associated payloads for sales/marketing purposes.

4. Aerial photography and/or video for public and/or private use including real estate, architecture,

land surveying, engineering and other related professional activities.

5. Aerial video and/or photography for public and/or private use including television, public events,

cinematography and news gathering.

6. Aerial inspection/photography of residential/commercial structures under contract with the owners

or local government authority.

7. The ability to offer training to persons individually or belonging to both private and/or public

organizations that have interests in the use and application of sUAS for the purpose of the safe

operation of sUAS.

As described fully below, the requested exemption would permit the operation of sUAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 
provide safety enhancements to the already safe operations in the industry presently using conventional 

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

Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Philip A. Geddes

1450 Nevada Dr Unit A

Grand Forks AFB, ND 58204

Phone: 405-761-9641

Email: pagwag@aol.com

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a)

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) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The sUAS's planned to be operated are DJI Phantom 3 Professional, weighing 4 Ibs or fewer including 

payload. It would operate, under normal conditions, at a speed of no more than 30 knots and have the 

ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of 

sight and will operate within a closed off and predetermined area owned and/operated by the property 

representative. Given the small size of the sUAS and the controlled environment provided, the 

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited to 

reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly 

the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for 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 Flight Operations Manual (FOM) include:
1. Flight operations will be conducted in accordance to the Academy of Model Aeronautics Safety 

Code which follows the FAA Modernization and Reform Act of 2012 with regard to model 

aircraft operations and limits.

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

3. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer (VO) and 

may include but not limited to a Camera Operator.

4. The sUAS pilot will be a designated Pilot in Command (PIC) and hold a private pilot’s license and 

a state driver’s license.

5. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight 

consisting of all the days’ flight activities.

6. The PIC and VO will have been trained in operation of sUAS and receive up-to-date information 

for the particular sUAS to be operated.

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

8. If the sUAS loses communications or loses GPS signal, the sUAS will have the capability to return 

to a pre-determined location within a designated location and land autonomously.

9. The sUAS 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 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 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the sUAS, 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 sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAS, 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 sUAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the sUAS will see the identification of the sUAS as “Experimental.”

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

Pursuant to 14 CFR 61.113 (a), 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. Our sUAS do 

not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR 

61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. The risks 

attendant to the operation of sUAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe 

operation of the sUAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety check lists prior to each flight an equivalent level of safety will be 

provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof. The 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.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The PIC will take all actions 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. sUAS and 

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 
controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. As set forth herein, the sUAS will 

never operate at higher than 400 AGL with the exception that in circumstances where the sUAS is used 

to survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not be operated 

more than 100' above the highest point on the structure. It will however be operated in a restricted area 

with security perimeter, where buildings and people will not be exposed to operations without their 

pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. 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 addition, the low-altitude 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 safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the 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 sUAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant 

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

the 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 25% of battery power. This restriction would be more than adequate to 

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

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a 

civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. The sUAS 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. 14 C.F.R. §91.405 (a); 407 (a) 

(1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft 

operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent 

level of safety will be achieved because 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 

sUAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level 

of safety. An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the sUAS Manufacturer's Manual, as referenced in the Aircraft 

Operations Manual (AOM). As provided in the FOM, the operator will ensure that the sUAS is in working 

order prior to initiating flight and perform required maintenance needed.

Additional Information

Mr. Geddes is also a commercial pilot and holds an FAA Airman Certificate with an airplane single engine 

land rating. Mr. Geddes also has six years and 1,400+ hours of experience flying the RQ-4 Gobal Hawk 

unmanned high-altitude aircraft with the United States Air Force, flying in a variety of FAA and 

international airspaces. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 provide more than 

adequate justification for the grant of the requested exemptions allowing the commercial operation of 

the applicant’s sUAS. Based upon recent rulings by the FAA concerning the 333 exemption I would ask 

that this request be issued under the summary grant process as this application is similar to many before 

it.

Sincerely,

Philip A. Geddes