April 1, 2015 

 Exemption No. 11260 

 Regulatory Docket No. FAA−2014−0736 

Mr. Philip Leone 

First Flight Photography, LLC 

610 Broadway, #353 

Newburgh, NY 12550 

Dear Mr. Leone: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated September 22, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of First Flight Photography, LLC (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial photography. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

Discussion of Public Comments:

A summary of the petition was published in the Federal Register on October 7, 2014, 

(79 FR 60572). Four comments were received. An individual commenter and the Small UAV 

Coalition (Coalition) supported the petition, while the Air Line Pilots Association, 

International (ALPA) and the National Agricultural Aviation Association (NAAA) opposed it. 
2 

The individual commenter in support of the petition noted the petitioner’s background and 

experience in aviation. The individual stated the proposed PICs are qualified to fly sUAS in 

the proposed environment. 

In support of the petition, the Small UAV Coalition (Coalition) stated the petitioner has 

proposed to abide by stronger safety measures than hobby and modeler groups operating 

similar aircraft. The Coalition stated that it does not believe that heightened safety 

measures should be required for the petitioner simply because of the commercial nature of 

its operations. The Coalition urged the FAA to adopt an evaluation framework for UAS 

operations under Section 333 of Public Law 112–95 that weighs the relative safety issues 

and risks of UAS by class and operational circumstances, rather than adopting artificial 

distinctions among unmanned aerial vehicles based on commercial and noncommercial 

operations. The petitioner’s UAS pose considerably less safety risk than larger UAS. The 

Coalition asserted that because UAS operations like the petitioner’s pose minimal risk to 

safety, they should be subject to minimal and appropriate regulations. 

The Coalition noted the FAA is to consider the seven factors1

 in Section 333 as a minimum. 

The Coalition stated the petition shows the FAA should consider factors other than those 

specified in Section 333, such as location, altitude of its UAS, and pilot experience. The 

Coalition maintained that the petitioner’s proposed operations satisfy the seven factors in 

Section 333 and include several additional mitigating factors to ensure the safety and security 

of the proposed UAS operations. The Coalition emphasized the FAA must evaluate each 

factor within the context of the petitioner’s proposed UAS operations. 

The Coalition also commented that the FAA should grant relief from the requirement to hold 

an airman’s certificate. The Coalition further stated that if an airman certificate is required 

then, at a minimum, the FAA should provide an exception to the training and testing 

requirements in part 61 in favor of requirements pertinent to the aircraft and operation 

proposed. The Coalition also asserted that in section 333 Congress intended for the FAA to 

consider national security with respect to the operation as opposed to addressing it through 

pilot certification. 

The FAA notes that, as discussed in the grant of exemption to Trimble Navigation Ltd. 

(Exemption No. 11110), neither section 333, nor the FAA’s exemption authority2

 allows the 

FAA to exempt pilots from the statutory requirement to hold an airman certificate as 

prescribed in 49 USC § 44711. 

 

1

 Section 333(b) of P.L. 112 95 states, in part: “In making the determination under subsection (a), the Secretary 

shall determine, at a minimum-- (1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line 

of sight do not create a hazard to users of the national airspace system or the public or pose a threat to 

national security; ...” 

2

 49 USC § 44701(f). 
3 

The Coalition commented that a visual observer (VO) should not be required for all small 

UAS operations. The Coalition further asserted that the presence of one or more VOs may 

allow the UAS to be operated beyond visual line of sight (VLOS) of the pilot in command 

(PIC) and that the petitioner’s proposal to operate the unmanned aircraft (UA) within VLOS 

of the PIC and/or VO should be permitted. 

The FAA notes that one of the determinations for operations under section 333 is operation 

within visual line of sight. The PIC is determined to be in command of the UA, s/he must 

maintain VLOS while operating the UA. The FAA also notes that a VO complements the 

PIC’s capability to see and avoid other aircraft, including when the PIC may be momentarily 

attending to other flying tasks. The VO provides an additional level of operational safety. 

ALPA expressed concern regarding several aspects of the petition. ALPA stated “there must 

be means both to ensure that the sUAS remains within the defined airspace and to ensure that 

the hazard of other aircraft intruding on the operation is mitigated.” The FAA believes the 

limitations under which the petitioner will operate (i.e., VLOS and at or below 400 feet AGL) 

are sufficient mitigations to this risk so that the operations will not adversely affect safety. 

ALPA noted that the petitioner does not state how the pilot and the observer will be able to 

communicate with each other. ALPA stated that text messaging, either by mobile phone or 

other means, could have an unknown latency that could and extend to several minutes. 

NAAA stated UAS observers must be present and able to communicate with the operator 

from the most minimal distance possible. The FAA has inserted the conditions and limitations 

regarding PIC and VO communications address those concerns. 

ALPA asserted the UAS’s lithium polymer batteries have numerous associated fire and 

explosion hazards as outlined in DOT/FAA/AR−09/55, “Flammability Assessment of 

Lithium-Ion and Lithium-Ion Polymer Battery Cell Designed for Aircraft Power Usage 

(January 2010),” and that the safe carriage of the batteries and the mitigations in place for 

known risks should be addressed. The referenced study was primarily conducted to determine 

how certain battery cells react in a fire situation aboard manned airplanes. Given the size of 

the battery and the operating conditions of the UAS, the FAA concludes that the use of a 

lithium polymer battery will not pose an undue safety risk for the proposed operations. 

ALPA commented that command and control (C2) link failures are one of the most common 

failures on a UAS, and that lost link mitigations should require safe modes to prevent 

flyaways or other scenarios. The FAA has inserted conditions and limitations in this 

exemption to mitigate the risk associated with such failures. 

Regarding the petitioner’s request for exemption from part 21, § 91.7, and § 91.203, ALPA 

noted their opposition to the attempt to avoid certifying the airworthiness of the sUAS. 

ALPA stated all aircraft in the National Airspace System (NAS) must operate to the same 

high level of safety. 
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ALPA also noted that the petitioner’s proposed operations are for “compensation or hire,” 

and therefore contends the pilot must hold at least a current FAA commercial pilot certificate 

with an appropriate category and class rating for the type of aircraft being flown, as well as 

specific and adequate training on the UAS make and model intended to be used. Similarly, 

ALPA asserted a current second-class airman medical certificate should be required. NAAA 

also commented on pilot qualification, stating— 

Just as manned aircraft pilots are required to undergo a rigorous training 

curriculum and show that they are fit to operate a commercial aircraft, so too 

must UAS operators. Holding a commercial certificate holds UAS operators to 

similar high standards as commercial aircraft operators and ensures they are 

aware of their responsibilities as commercial operators within the NAS. 

Medical requirements ensure they have the necessary visual and mental acuity 

to operate a commercial aircraft repeatedly over a sustained period of time. 

The FAA has reviewed the knowledge and training requirements sport, recreational, private 

and commercial certificates and concluded that a UAS PIC holding a minimum of a sport 

pilot certificate, and operating under this exemption, would not adversely affect operations in 

the NAS or present a hazard to persons or property on the ground. 

ALPA opposed an exemption from the pre-flight action requirements of § 91.103. In addition, 

although the petitioner did not request an exemption from § 91.113, ALPA noted the 

petitioner must specify a means to meet see and avoid requirements in § 91.113 given the 

absence of an onboard pilot. The FAA notes that all flights must be operated within VLOS of 

the PIC and VO. 

ALPA mentioned commented that while the petitioner’s aircraft has a barometric sensor, the 

platform does not have a barometric altimeter as required by 14 CFR § 91.121. ALPA stated 

that processes or mitigations must be in place to ensure the UA can accurately maintain 

altitude including engineering processes, software development and control, electronic 

hardware development and control, configuration management, and design assurance to 

ensure the aircraft and its control system(s) operate to the same level of safety as other aircraft 

operated commercially in the National Airspace System (NAS). 

Regarding the fuel requirements of § 91.151, ALPA argued that using batteries as the only 

source of an aircraft’s power is a substantial shift from traditional methods of propulsion, and 

requires further research to determine best safety practices. The FAA has inserted a condition 

and limitation that addresses this concern. 

ALPA also expressed concern that the petition makes no reference to compliance with, or a 

request for waiver from, 14 CFR 61.195, Flight instructor limitations and qualifications, 

which defines the requirements for flight instructors. A certificated flight instructor is 

authorized to provide the instruction required for the certificates or ratings or currency listed 

in 14 CFR § 61.193. A person instructing on how to operate the UAS under the petitioner’s 
5 

training program would not need to be a certificated flight instructor because the instruction is 

not being provided for a certificate or rating listed in § 61.193. We note that none of the UAS 

operations proposed by the petitioner require such flight instruction because § 61.31(l) allows 

for operation of the UAS by an airman who is current per 14 CFR § 61.56 without a category 

and class rating. Instruction provided toward obtaining the pilot certificate required by this 

exemption would need to be provided by a certificated flight instructor. 

ALPA opposed the petitioner’s request for exemption from the minimum safe altitude 

requirements of § 91.119, stating all aircraft in the NAS must operate to the same high 

level of safety, which includes maintaining a safe altitude. Conditions and limitations below 

require that operations will be conducted away from people not participating in the operation. 

ALPA expressed concern on whether the petitioner’s UAS can comply with the aircraft light 

requirements for night operations in § 91.209, given its limited electric power. The petitioner 

indicates that night operations will not be conducted and this exemption limits operations to 

daytime only. 

Regarding §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b), ALPA opposed 

the petitioner’s attempt to avoid compliance with established aircraft maintenance and 

recordkeeping requirements. ALPA states the UAS should comply with the same level of 

safety as other aircraft operated commercially in the NAS. The FAA finds that the conditions 

and limitations below are sufficient to ensure that safety will not be adversely affected. 

ALPA also expressed concern that the petitioner’s request is not for a single specific 

operation or location, but for all operations of the same general type. ALPA stated that this 

results in a considerable increase in the FAA’s oversight tasks. The FAA notes ALPAs 

concern and in order to minimize potential impact to the NAS, the FAA requires that each 

operator secure a Certificate of Authorization or COA which covers specific details of the 

petitioners operation. The FAA recognizes that UAS integration will generate new NAS 

access demand and will review and adjust accordingly. 

NAAA noted that its members operate in low-level airspace, and therefore clear low-level 

airspace is vital to the safety of these operators. NAAA stated that seeing and avoiding other 

aircraft and hazardous obstructions is the backbone for agricultural safety, and that 

agricultural pilots depend on pilots of other aircraft to perform their see-and-avoid functions 

to prevent collisions. NAAA believes UAS operations at low altitudes will increase the 

potential for collision with agricultural aircraft. 

The FAA recognizes these concerns and has incorporated associated conditions and 

limitations into this exemption, including: (a) a Notice to Airmen (NOTAM) issued for all 

operations; (b) operations conducted within VLOS of the pilot in command (PIC) and the VO; 

and (c) the UAS PIC must always yield right-of-way to manned aircraft. 

NAAA stated that FAA airworthiness certification should be a requirement for all unmanned 

aircraft to operate within the NAS. NAAA recommended UAS be equipped with ADS-B or 
6 

similar identification and positioning systems, strobe lights, high-visibility markings and 

registration numbers. NAAA also recommended UAS be operated strictly within the line-ofsight of the ground controller, with the assistance of a VO and clear of any low-flying manned 

aircraft. 

As discussed below, Section 333 of the FAA Modernization and Reform Act of 2012 

authorizes the Secretary of Transportation to determine, considering a number of factors laid 

out in the statute, that an airworthiness certificate is not necessary for certain operations. The 

Secretary has made that determination in this case and therefore the aircraft operated by the 

petitioner will not need to be certificated by the FAA. 

Airworthiness Certification 

The UAS proposed by the petitioner are the DJI Phantom 2 Vision Plus and the DJI Spreading 

Wings S1000. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 
7 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, First Flight Photography, LLC is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, First Flight Photography, LLC is hereafter referred to as 

the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision Plus and the DJI Spreading Wings S1000 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 
8 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

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

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 
9 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 
10 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. 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 (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

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

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and, 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 
11 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. 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 UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 
12 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
September 22, 2014 

United States Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

West Building Ground Floor Room W12-140 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 ofthe FAA Reform Act of 2012 

Dear Sir or Madam: 

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

(the Reform Act) and C.F.R. Part 11, First Flight Photography LLC, owner and 

operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from 

the Federal Aviation Regulations (FARs) listed below so that First Flight 

Photography may operate UASs commercially in airspace regulated by the Federal 

Aviation Administration; 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. 

First Flight Aviation LLC, is co-owned by Philip Leone and John Kahrs who 

are both professional Pilots with Airline Transport Pilot privileges. Both owners 

have flown for the United States Air Force and major airlines for decades with a 

combined total of over 17,000 mishap free hours. Philip Leone is a graduate of the 

Air Force Aircraft Mishap Investigation Course and is a current Chief of Safety in the 

New York Air National Guard. All UAVoperations will be in accordance with First 

Flight Photography's Standard Operating Procedures (SOPs) or as established by the 

FAA. 

The Name and address of the applicant is: 

First Flight Photography, LLC 

Attn: Philip Leone 

Phone: 845-527-5728 

Email: takeflight@firstflightphotography.com 

Address: 610 Broadway, #353 Newburgh, New York 12550 

As described below, the requested exemption would permit the operation of 

lightweight (less than 55 lbs total take off gross weight) UASs under controlled 

conditions for commercial use by professional certificated pilots thereby enhancing 

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. 
First Flight Photography respectfully requests the grant of an exemption to 

the following specific sections of the Title 14 Code of federal Regulations allowing it 

to operate lightweight UAS's for commercial use: 

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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) &(b). 

First Flight Photography submits this application in accordance with the Reform 

Act, 112 P.L. 95 331-334, seeking relief from any currently applicable FAR's 

operating to prevent First Flight Photography's future commercial use of small 

UASs to operate in the national airspace system as described below. The Reform Act 

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. First Flight 

Photography's lightweight UASs meet the definition of "small unmanned aircraft" as 

defined in section 331 and therefore the integration of First Flight Photography's 

lightweight UASs are expressly contemplated by the Reform Act. First Flight 

Photography would like to operate its lightweight UASs prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such aircraft. 

The Reform Act 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 

• Operation of the UAS within visual line of sight of the operator 

Reform Act 333 (a). 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." 

First Flight Photography's UASs are rotorcraft weighing less than 55 pounds 

including payload. They operate at a speed ofless than 50 knots and have the 

capability to hover and move in the vertical and horizontal plane simultaneously. 

The UAS will operate only within the line of sight of the pilot within a protected 

flight area as described below. Such operations will insure that the UASs will not 

create a hazard to the users of the national airspace system or the public. 

The very small nature of the UASs utilized by First Flight Photography 

combined with the safety protocols outlined below will allow for a greater than 
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 areas and altitudes they will operate, approval of 

the exemption presents no national security issue and absolutely minimal safety 

concerns which have been mitigated through a rigorous risk management process. 

Given the clear direction given 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, the significant public benefit, including 

enhanced safety, reduced emissions utilizing UASs vice traditional aircraft as well as 

the economic impact of greatly reducing the cost of aerial photography thereby 

benefiting the greater public's interest. Accordingly, the applicant requests that the 

FAA grant the requested exemption without delay. 

The following limitations are considered to be binding for the operation of 

UASs for commercial purposes by First Flight Photography : 

1. Flights will be operated in the line-of-sight by a ground based pilot 

2. Flights will only occur in the daytime and clear of clouds 

3. The UASs will weigh less than 55lbs at take off and during flight 

4. Flights will be terminated with 25% of battery life remaining 

5. Flights will be operated at an altitude at or below 400' AGL 

6. Pilots, camera operators and observers will be trained lAW the applicable 

portion of the UAS's manual as well as the SOPs. 

7. Minimum UAS crew will be one certificated Commercial pilot or higher 

rating with a current FAA medical. A camera operator and or observer 

may be added as required to further reduce the possibility of task 

saturation by the pilot depending on the mission requirements. 

8. Pilot, observer and camera operator will maintain real time 

communication capability throughout flight operations. 

9. The UAS Pilot will conduct a full site survey to determine the Area of 

Responsibility (AOR). This AOR is the actual area for UAS operations for a 

particular day. Each survey will include the assessment of potential 

hazards to include but not limited to airspace classification, NOTAMS, 

temporary flight restrictions, closest airport proximity, natural and manmade obstacles, and unnecessary persons which may pose a risk to 

operations or safety. If deemed necessary, the crew will employ 

additional personal as safety observers. 

10. First Flight Photography will employ safety observers as well as sign 

notifications in areas close to public activity. 

11. A thorough briefing will be conducted, prior to the first flight of the day in 

an AOR, utilizing the briefing guide in the SOPs. All persons who will be 

in the AOR while UAS flights are conducted will be present for this 

briefing. 

12. First Flight Photography will obtain consent (verbal or written) for any 

persons who need to be within 100 feet ofUAS flight operations. 
13. Written and or verbal permission from the relevant property owners will 

be obtained prior to flight. 

14. All required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire or 

other governmental agencies. 

15. If the UAS loses communications or loses its GPS signal, the UAS will have 

the capability to return to a pre-determined location within the AOR and 

land autonomously. 

16. The UAS will have the ability 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. 91.7(a), 91.203 

(a)(1) 

Subpart H, entitled Airworthiness Certificates, sets forth requirements 

for procurement of necessary airworthiness certificates in relation to FAR 

91.203(a)(1) The size, weight and defined area of operations for First Flight 

Photography UAS flights permits exemption from Part 21 because First Flight 

Photography meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the ACT ( 49 U.S. C. 

44701(f)) and Section 333 of the Reform Act. Both pieces oflegislation 

permit the FAA to exempt UASs from the airworthiness certificate 

requirement in consideration of weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. First Flight 

Photography meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

stated above. The equivalent level of safety will be achieved by maintaining 

such certifications and registrations at First Flight Photography's flight 

operations center. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this regulation is inapplicable. 

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

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. 

As there are no pilots of passengers, and given the size of the UASs, this 

regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining an operators manual at the flight operations center. The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 
8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700and 

32827. 

14 C.F.R. 91.103(b) Preflight action 

14 C.F.R. 91.103 Each pilot in command shall, before beginning a 

flight, become familiar with all available information concerning that flight. 

This information must include: (b) For any flight, runway lengths at airports 

of intended use, and the following takeoff and landing distance information. 

This subparagraph is not applicable due to our off airfield operations. 

14 C.F.R. 91.109 Flight instruction; Simulated instrument flight and certain 

flight tests. 

14 C.F.R. 91.109 and all the subparagraphs address the operation of a 

civil manned aircraft in conjunction with training and flight tests. The UAS to 

be employed by First Flight Photography are not designated in this category. 

14 C.F.R. 91.121 Altimeter Settings 

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because 

First Flight Photography UASs utilize GPS systems and internal gyroscopes to 

provide spatial stability and a reference datum. 

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions 

14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an 

airplane under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended 

landing, and assuming normal cruising speed- (1) During the day to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes" 

The battery powering the UAS provides approximately 25 minutes of 

powered flight which is less than the reserve requirement alone by F ARs for 

day or night VFR flight. Given the limitations on the UAS's flight envelope, 

proposed AOR size, battery life and its ability to land immediately it is 

reasonable to allow an exception. 

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 UAS to its planned landing zone in the AOR. 

Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673 and 10808. 
14 C.F.R. 45.23 Marking of the Aircraft 

Applicable Codes of Federal regulations require aircraft to be marked 

according to certain specifications. First Flight Photography UASs are 

unmanned; do not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, two-inch lettering is impractical to place 

on such small aircraft. First Flight Photography will, however, place the 

word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so 

that the pilot, camera operator, observer and any other persons operating in 

the AOR can see the markings on the UAS. The FAA has previously issued 

exemptions to this regulation through Exemptions Nos. 8738, 10167, 

10167 A, and 10700. 

14 C.F.R. 91.119 Minimum Safe Altitudes 

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. First Flight Photography will only operate its UASs at or below 

400 AGL. First Flight Photography will operate its UASs in a defined AOR that 

has been carefully reviewed for hazards and minimizes the presence of any 

persons not essential for operations. Flights will only be conducted over 

private property with consent of the property owner. The equivalent level of 

safety will be achieved given the size, weight and speed of the UAS as well as 

the location where it is operated. Compared to flight operations with 

traditional aircraft or rotorcraft weighing far more than 55lbs, operating 

below 500 AGL with flammable fuel UAS operations present a far smaller 

risk. 

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 the aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as prescribed 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. 

These regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to First Flight Photography UASs 

should its requested exemption be granted. As an equivalent level of safety 

First Flight Photography requires its pilots to conduct a preflight, throughflight and post flight inspection of the UAS to ensure it's flight worthiness 

prior to launch. Each UAS is flown in compliance with the applicable 

manufactures manual to include all software update cycles as well as flight 

checklists. In the event of a malfunction the UAS can land immediately. 
Privacy 

All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. 

Summary 

First Flight Photography is seeking exemption from the following rules: 14 

CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 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)&(b). 

Approval of the above exemptions allowing commercial operations of small 

UASs in the service of aerial photography will greatly enhance safety by reducing 

the overall risk associated with traditional aircraft. Traditional aerial photography 

requires large aircraft weighing thousands of pounds and carrying hundreds of 

pound of fuel presenting a significant risk to life and property. With First Flight 

Photography's use of small UASs weighing less than 55 lbs, powered by batteries 

and operating at or below 400 AGL they virtually eliminate all of the risk associated 

with traditional aerial photography. The UASs will carry no people thereby 

eliminating the exposure to the risks associated with flying while accomplishing the 

same task in a much safer manner. 

Granting First Flight Photography the above exemptions will allow for the 

expansion of UAS systems into the future, in a professional, safety conscious culture 

steep in the tradition of Aviation. The safety culture established by the founding 

members of First Flight Photography based on their first-hand experience as 

professional aviators who are currently working for a major U.S. Air Carrier as well 

as the United States military are invaluable for laying the proper foundation into 

this vast new chapter of aviation history. 

First Flight Photography respectfully requests that the FAA grant its 

exception without delay. The FAA has the authority to issue the exemption sought 

by First Flight Photography pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), 

as amended (the "Act"). 

Sincerely, 

~h First Flight Photography, LLC 

610 Broadway, #353 

Newburgh, NY 12550