Isaacson Aerial Photography

2 South Brooks Rd

Medical Lake, WA 99022

US 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 45.23 and 45.29; 14 CFR 

61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 14 CFR 91.203(a) and (b); 

91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417(a) and (b) and 14 CFR 91.9

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Isaacson Aerial Photography, an operator of small

Unmanned Aircraft Systems (sUASs) for aerial photography, hereby applies for an 

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its sUASs for the purposes of supporting aerial surveying, aerial 

photography, search and rescue, agriculture, wildlife and forestry monitoring, wild land 

firefighting support, patrolling, aerial inspection, real estate surveying, crew member 

training, and mapping operations. By approving these exemptions, the FAA will support 

various industries, benefit the environment and build a new profession, all of which are 

in the public interest. The requested exemption would support an application for a 

commercial Certificate of Waiver or Authorization (COA).

The name and address of the applicant is:

Isaacson Aerial Photography

Attn: Andrew Isaacson; Cell Ph: 509-995-6372

Email: ikeii@mindspring.com

Address: 2 South Brooks Rd, Medical Lake, WA 99022

sUAS aircraft to be used:

Three sUAS will be used under this exemption. The first system is a DJI Phantom 2 

using a GoPro camera, the second sUAS is a DJI Inspire 1 and the third is a DJI 

Phantom 3 Professional. The mission of the three systems is basically identical. The 

camera output resolution and flight time are the determining factors for which system is 

used. The Phantom 2 and Phantom 3 have a gross weight of approximately 5 pounds, 

while the Inspire 1 has a gross weight of 8 pounds. All are controlled via remote control 

operating on a digital 2.4ghz signal. All 3 systems have real time PIC cameras installed 
and, also, telemetry information is superimposed on the downlink monitor. This 

information includes data, such as, airspeed, height above ground, distance from PIC, 

aircraft voltage and percent left of battery, etc.

Safety features:

The Inspire 1 uses the DJI flight control system, one of the most advanced and robust 

professional flight control systems available. The Phantom 2 and 3 use the DJI Nazza M 

flight control system. All systems have excellent reliability and have safety features such 

as geo fencing and return to home (Failsafe), in the event of controller loss of 

communication with aircraft. 

Regulations from which the exemption is requested:

14 CFR 45.23 and 45.29

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) and (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

14 CFR 91.9

sUASs operated by Isaacson Aerial Photography weigh less than 55 pounds, including

the payload (i.e. camera, lens, and gimbal). They operate at speeds of no more

than 35 knots, can hover, and can simultaneously move vertically and

horizontally. Isaacson Aerial Photography will only operate its’ sUASs in visual line of 

sight. Such operations will insure that the UAS will “not create a hazard to users of the 

national airspace system or the public.”

Due to the size of the sUASs and the limited areas in which they will operate, approval 

of this application presents no national security issues. Based on the substantial

level of safety surrounding the proposed operations, and the significant public

benefit (enhanced safety), reduction in environmental impacts (reduced

emissions and noise), the grant of the requested exemption is in the public

interest. Accordingly, Isaacson Aerial Photography respectfully requests that the FAA

grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Isaacson Aerial Photography provide for at least 

an equivalent or higher level of safety because operations further enhance safety of

still and video imaging over using conventional aircraft.

The limitations and conditions include:
The sUASs weigh less than 55 pounds.

Flights will be operated within line of sight of a pilot (PIC) and observer (VO).

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

terminated at 25% battery power reserve should that occur prior to the

30 minute limit. The Phantom 2 and 3 reach 25% at approximately 15 minutes while the 

Inspire 1 reaches 25% at approximately 23 minutes.

Flights will always be operated at a maximum altitude of 400 feet AGL or below.

No flights will be made closer than 5 miles from an airport unless a letter of agreement 

is obtained from the airport management and prior coordination obtained.

Minimum crew for each flight will consist of the sUAS Pilot (PIC) and a Visual

Observer, (VO).

The requestor sUAS pilot is an FAA certificated airman with at least a private pilots’

certificate, current third class medical certificate and a current Biannual Flight Review 

(BFR). As an owner/operator of an airport (8AN6) inside a dual airport Class C 

operation (KGEG and KSKA), he is extremely familiar with operation and clearances 

required in an airport environment. Requestor is an active participant in the FAA WINGS 

safety program and is a member of the Academy of Model Aeronautics. He is currently 

working as a PIC and VO for a previously Section 333 exempted company.

A briefing will be conducted for planned sUAS operations prior to each day’s

flight. All personnel performing duties within the specified photo area are required to 

attend. Non participants shall remain a minimum of 500 feet from flight operations.

The PIC and VO must be trained in sUAS operations and have received

current information on the particular sUAS to be operated.

The PIC and Visual Observer will at all times be able to communicate by voice without 

using radios.

Written and/or oral permission from the relevant property holders will be

obtained.

If the sUAS loses communications, the sUAS will have the capability to return to the 

takeoff point and land. This feature is called Failsafe or Return to Home (RTH) for DJI 

systems.

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.
The UAS will have the capability to abort a flight in case of unpredicted

obstacles or emergencies.

All flights will be entered in a locally procured aircraft pilot log book.

A handheld aircraft band VHF radio will be used for all flight operations. 

Reasons for Exemption

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. 

It is proposed that to achieve an equivalent level of safety the N numbers be posted on 

the top or sides of the sUASs, where the PIC, VO and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see. The size will be as large as allowable.

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

in Command

Sections 61.113 (a) and (b) limit private pilots to non-commercial

operations. Because the sUAS will not carry a pilot or passengers, the

proposed operations can achieve the equivalent level of safety of current

operations by requiring the PIC operating the aircraft to have a private

pilot’s license rather than a commercial pilot’s license to operate a small

sUAS. Unlike a conventional manned aircraft, a sUAS is remotely controlled

by a ground-based operator. The operational area is controlled and all flights are 

planned and coordinated in advance. The level of safety exceeds that provided by a 

single individual holding a commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with the use of a sUAS are lowered from the level of risk

associated with commercial operations contemplated by Part 61 allowing

sUAS use by a private pilot as the PIC exceeds the present level of safety

sought by 14 C.F.R. §61.113(a) and (b).

14 C.F.R. § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to

insure the safety of flight. As FAA approved rotorcraft flight manuals will

not be used, an exemption is requested. However, an equivalent level of

safety will be provided. The PIC will take all actions, including reviewing

weather, ground and aircraft battery requirements, landing and takeoff areas, and

aircraft performance data before commencement of flight. Also, the DJI Users Manual 

for the appropriate sUAS will be used. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section
91.119 provides that: “except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft

may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.”

Since Isaacson Aerial Photography requests authority to operate at altitudes only up

to 400 AGL, an exemption is needed to allow such operations. The sUAS will never 

operate higher than 400 feet AGL under any circumstances. The equivalent level of 

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

location where it is operated. No flight will be taken without the permission of property 

owners or local officials. . Compared to flight operations for manned aircraft and the lack 

of flammable fuel, any risk associated with the proposed UAS operations is far less than 

conventional aircraft operating down to 500 feet AGL. Finally, the low-altitude 

operations of the sUAS will ensure separation and a minimum 100 foot buffer between a 

sUAS and conventional aircraft operations.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 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 a sUAS

may not have a barometric altimeter, but instead uses GPS altitude data, an

exemption is needed. An equivalent level of safety will be achieved by the

operator 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

. . . .”

The batteries powering the Isaacson Aerial Photography sUASs provides approximately

15 and 23 minutes of powered flight, respectively. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, sUAS flights could not be achieved. Due to the limited 

battery power available, less than 30 minutes of reserve fuel does not provide a risk that 

§91.151(a) was intended to address.

Isaacson Aerial Photography believes that safety can be achieved by limiting flights to

30 minutes or 25% of battery power, whichever occurs first. This restriction would

be more than adequate to return the UAS to its pre-determined landing zone

from anywhere in its limited operating area.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed 
at the cabin or cockpit entrance so that it is legible to passengers or crew." The DJI 

sUASs are too small to carry documentation, do not have entrances, and are not 

capable of carrying passengers or crew. 

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for these sUASs by the FAA will be co-located with the 

crew at the ground control station and available for inspection upon request. The N 

number will identify the aircraft.

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 sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Isaacson Aerial Photography operations.

Maintenance will be accomplished by the operator. An equivalent level of safety

will be achieved because the UASs are limited in size, 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 PIC will ensure that the sUASs are in flight condition prior to 

flight, perform any required maintenance, and keep a log of any maintenance 

performed. Moreover, the PIC is the person most familiar with the sUASs and best 

suited to maintain them in an airworthy condition. Maintenance actions on the sUASs 

will be logged in a locally procured aircraft maintenance log book. The applicable DJI 

User Manuals will be the official source for all maintenance actions and inspections.

After any maintenance, the sUAS will undergo a functional flight test before commercial 

operations are performed.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. It is assumed that the intent of this requirement 

is to ensure that flight manual information is available to the aircrew while operating the 

aircraft. It is requested that an exemption to this requirement is awarded since the sUAS

is not only too small to carry documentation, the documentation would not be available 

to the crew. To obtain an equivalent level of safety and meet the intent of 91.9, it is 

proposed that a current, approved sUAS DJI Flight Manual must be available to the 

crew anytime the aircraft is in, or preparing for, flight. This manual will be kept with the N 

number registration at the ground control base station.

Summary for Publication

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

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

Isaacson Aerial Photography seeks an exemption from the following rules:
14 CFR 45.23 and 45.29; 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 

91.151(a); 14 CFR 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409 (a)(2); 91.417(a) 

and (b) and 14 CFR 91.9 to operate commercially small unmanned aerial vehicles (55 

pounds or less) in the above mentioned data collection. As established by the UAS 

exemptions already granted by the FAA, allowing Isaacson Aerial Photography 

commercial operations of sUASs in the airborne data collection will enhance safety by

reducing risk associated with aerial photography from fixed and rotary wing full size 

aircraft.. Conventional aerial photography operations operate at lower altitudes and 

have limited gliding ranges in case of emergencies. The carrying of flammable fuel can 

add to the risk in an emergency. Also, there is more risk associated with flying to and 

from the photo site. In contrast, a sUAS weighing less than 55 pounds and powered by 

batteries eliminates virtually all of that risk given the small size and lack of carbon based 

fuels. The UAS is driven, not flown, to a photo site. In this regard, the UAS carries no 

passengers or crew and, therefore, will not expose them to the risks associated with 

manned flights.

The operation of sUASs conducted in the strict conditions outlined in this request will 

provide an equivalent level of safety supporting the grant of this exemption

requested. The sUASs operate at slow speeds, close to the ground, and in

a safe environment. As a result, they are far safer than conventional aerial photography 

operations conducted with both fixed and rotary winged aircraft fuel and flying near the 

ground.

Privacy

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

owner’s prior consent and knowledge. Video imaging will be only of people who have

given their consent or otherwise have agreed to be in the area where video imaging will

take place. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

(size, weight, speed, operating capabilities, proximity to airports and populated

areas and operation within visual line of sight and national security) provide more

than adequate justification to grant Isaacson Aerial Photography’s requested

exemption, allowing for Isaacson Aerial Photography sUAS commercial operations for

aerial photography data collection.

If you have any questions or need any additional information, please contact the

undersigned at 509-995-6372 or at ikeii@mindspring.com.

Sincerely,

**** signed ****

Andrew Isaacson

Owner

Isaacson Aerial Photography
Pre – Flight Checklist

Day prior to Flight Review weather Look for low ceilings that may drive fixed and 

rotary wing aircraft to a lower altitude. Consider minimum visibility requirements, winds 

and precipitation. Using a current FAA VFR Sectional map, study flight site and review 

items, such as, airport locations, general airspace (MOAs, IR and VR routes, Restricted 

areas) and potential sources of EMI (electro-magnetic interference) such as high 

voltage lines, cell phone towers, etc Review radio frequencies if near an airport and 

insure radio is fully charged. Check NOTAMs for TFRs or operations that may affect the 

flight site. If necessary, make sure letter of agreement is in hand for operations less 

than 5 miles from an airport.

Day of Flight Review takeoff and landing areas

Clear these areas of non-essential personnel

Unpack and prepare sUAS for flight

Insure all batteries have at least 94% voltage remaining for flight

Power on controller

Power on sUAS

Insure sUAS has minimum of 7 GPS satellites captured for accurate RTH position prior 

to takeoff

Start camera recording

Position VO

Launch and fly mission

Land

Power down the camera, then the sUAS, and finally, the controller

Extract video memory card

Store sUAS and related equipment, note any maintenance discrepancies

Debrief mission