Aerial Pursuit, Logan, UT

Docket ID: FAA-2015-2843

- Section 333 Exemption Petition Aerial Pursuit Mapping (Aerial Pursuit)

- Updated Section 333 Exemption Petition-- November 4, 2015

U. S. Department of Transportation Docket Management System 

1200 New Jersey Ave, SE Washington, DC 20590 

Contact Information:

Chris Thomas

962 Canyon Rd, Logan, UT 84321

435-881-8628

clearflowingwater@gmail.com

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam, I, chris Thomas, am writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that I, chris thomas, an owner and 

operator of small unmanned aircraft (dji phantom 3 professional and dji inspire 1), be exempted from 

the Federal Aviation Regulations (“FARs”) listed below so that I, chris thomas, may operate my small Dji 

phantom or inspire 1 commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

As described herein I, chris thomas, have professional grade quad-copters with DJI Zenmuse H3 camera 

with intent for aerial videography/cinematography to enhance academic community awareness through 

Bridgerland Applied Technology for those individuals and companies in the logan Utah area

- Section 333 Exemption Petition entities; following exemption and approval by the FAA. This will allow 

for enhancement of the academic research experience for the Logan area. I have years of experience 

flying remote control planes and I flew large UAV’s as part of Utah States Aggie Air professionally for 3 

years using their COA. 

My exemption request would permit operation of ultra light weight, unmanned (piloted by remote 

control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Predetermined 

in areas away from general public, airports, heliports and vehicular traffic for community videos, and 

within property boundaries for individual homeowner real estate listing videos/photos. Currently, 

similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists 

with no safety plan or controls in place to prevent catastrophe. I, chris thomas, have personally instilled 

safety protocols, sterile cockpit rule and checklists prior to operation. This will act to further safety 

protocols exclusive to lightweight UAS's specific to real estate video and photography usage as I, chris 

thomas, record flight data and other information gained through permitted flight operations to share 

with the FAA through any required FAA reports to assist with future protocol and safety regulation. 
Granting my, chris thomas’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the 

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for Aerial 

Surveying and Search and Rescue Systems. 

Section 333 Exemption Petition:

Further I, chris thomas, will conduct my operations in compliance with the protocols described herein or 

as otherwise established by the FAA. For the reasons stated below I, chris thomas, respectfully request 

the grant of an exemption allowing me to operate ultra light weight, remote controlled UAS’s for 

academic community awareness to benefit/stimulate attraction to the Logan area and to enhance real 

estate listing videos for homeowners who cannot afford expensive manned aircraft for the same 

purpose. Both of which will promote local economic growth through increased employment and 

increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing 

combustible fuel that that poses potential public hazard.

The Specific Sections of Title 14 of the Code of Federal Regulations From Which Chris Thomas Requests 

Exemption are: 14 CFR 21; 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 

(a) (2); and, 14 CFR 417 (a) & (b). III. The Extent of relief Chris Thomas seeks and the Reason He Seeks 

Such Relief: I, chris thomas, submit this application in accordance with the Section 333 Exemption

Petition Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating 

to prevent me, chris thomas, from commercial cinematic, academic and other flight operations within 

the national airspace system. The Reform Act in Section 332 provides for such integration of civil 

unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, 

chris thomas, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in 

Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the 

Reform Act. I would like to operate my ultra light weight UAS prior to the time period by which the 

Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct 

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

estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining 

the types of UAS's that may operate safely in our national airspace system. Considerations include: The 

weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated near airports 

or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for me, chris thomas. My UAS utilizes four (4) 

counter-rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto

return safety technology. Additionally, my UAS weighs less than five (5) pounds (far below the maximum 

55 pound limit); including camera with gimbal. I, Ryan Marlow, consider safety foremost with each 

flight. My small, unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 

knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph 

(10 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio 

controls are not touched.

With three modes to choose from, I utilize the (GPS) Smart Mode for aerial videography/photography. 

This is the safest, most reliable and stable mode to prevent accident and hazard. When pilot 

communication is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near 
airports, Hospitals nor Police heliports, and do not operate near areas where general public is within 

fifty to one hundred (50-100) yards depending on location, conditions and weather. I am constantly on 

alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately 

to the nearest and safest ground point should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. I Do call in to local Air Traffic Control to alert of my 

flight plan and operations as well as calling back when operations are complete. My UAS is capable of 

vertical and horizontal operations, and is flown only within my line of sight of me, as the remote control 

pilot. Utilizing battery power rather than combustible fuels, flights generally last between twelve (12) to 

seventeen (25) minutes, with an altitude under one hundred fifty (150) feet. I, chris thomas, utilize a 

fresh fully charged smart battery with each flight as a safety precaution; full flight time limit for each 

battery is eighteen (18) to twenty (20) minutes as tested. I do not operate my UAS at or below 

manufacture recommend minimum charge levels for operation or exceed temperature ratings of 0*F as 

per manufactures request; preferring to remain well within a safe operating range to insure adequate 

communication between radio control and UAS to eliminate potential for crash, loss of control or 

hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level 

of operation. I do not believe in taking risk that may cause a crash that could create hazard to the 

public/property/manned aircraft, and have no desire to lose an investment.

I have conducted numerous practice flights in remote areas as a hobbyist simulating flights for future 

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

different temperature and weather conditions. I also practice computerized simulated flights to 

maintain adequate skills and response reflex time. I, chris thomas, am extremely cautious when 

operating of my UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the 

national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS 

it falls well within Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. Ryan Marlow’s UAS, used 

in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or 

national security. IV. How chris thomas Request Will Benefit the Public As A Whole: Aerial videography 

for geographical awareness and for real estate marketing has been around for a long time through 

manned fixed wing aircraft and helicopters. For small budget production companies and average 

homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high 

end film companies can afford to absorb such expense. Which is where the option of less expensive 

unmanned systems becomes affordable to anyone. My main goal is to prove to public that my UAS can 

be used in Fire, Police or natural disaster relief. My, chris thomas’s, UAS pose no such threat since size 

and lack of combustible fuel alleviates any potential threat to the public. Congress has already 

proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national 

airspace system, hence the passing of the Reform Act. Granting my, chris thomas’s, exemption request 

furthers the public interest through academic/visual awareness of the geographical benefits in and 

around the Logan area. My ultra light weight UAS is battery powered and creates no emissions that can 

harm the environment. The consequence of my ultra light weight UAS crashing is far less than a full size 

helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic 

devastation to the public. The public’s interest is furthered by minimizing ecological and crash threat by 

permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting 

me, chris thomas, to immediately fly within national air space furthers economic growth. Granting my 

exemption request substantially furthers the economic impact for the Anchorage community for 
companies looking to relocate or build in the Anchorage area as well as individuals looking to relocate 

for career advancement through academic and geographical awareness. Both of which serve as a 

stimulus to the community. V. Reasons Why chris thomas Exemption Will Not Adversely Affect Safety Or 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: My, chris thomas’s, 

exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting me, to 

log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to 

contribute to the innovation and implementation of new and novel, as of yet undiscovered safety 

protocols. I, chris thomas, submit the following representations of enhancements to current aerial 

videography, photography and aerial surveying aspects: • My UAS weighs less than 5 pounds complete 

with a small ultra light weight high quality DJI Zenmuse H3 camera. • I only operate my UAS below 200 

feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012.) 

• My UAS only operates for 12-17 minutes per flight. • I land my UAS prior to manufacturer 

recommended minimum level of battery power. • I pilot my UAS through remote control only by line of 

sight. • My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost. • I actively analyze flight data and other sources of 

information to constantly update and enhance safety protocols. • I only operate in reasonably safe 

environment that are strictly controlled, are away from power lines, elevated lights, airports and actively 

populated areas. • I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance. • I always obtain all necessary permissions prior to operation. • I have procedures 

in place to abort flights in the event of safety breaches or potential danger. 

My, chris thomas’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is 

important to note that absent the integration of commercial UAS into our national airspace system, 

helicopters are the primary means of aerial video and photography for community awareness and real 

estate. While the safety record of such helicopters is remarkable; it is far safer to operate a battery 

powered ultra light weight UAS. • First, the potential loss of life is diminished because UAS's carry no 

people on board and I only operates my UAS in specific areas away from mass populations. • Second, 

there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. • 

Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and 

avoid hazards quickly and safely. • Lastly, given its small size and weight, even when close enough to 

capture amazing images, my UAS need not be so close to the objects they are focused on through the 

technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been 

experimentally operated for familiarization/competency and will continue to operate at and above 

current safety levels. VI. A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 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 enclosed operational area of my, chris 

thomas’s, UAS permits exemption from Part 21 because my UAS meets (and exceeds) 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 of legislation permit the FAA to exempt UAS's from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. My, chris thomas’s, current and projected UAS's meet or 

exceed each of the elements. 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) requires an aircraft flight manual in the aircraft. As 

there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual 

delineating areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS 

utilizes electronic global positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) 

provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the 

same reasons described above. The equivalent level of safety will be achieved by maintaining any such 

required certifications and registrations by me, chris thomas, Aerial Pursuit

- Section 333 Exemption Petition B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. I, chris 

thomas, can achieve an equivalent level of safety as achieved by current Regulations because my UAS 

does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote 

control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, chris thomas, 

to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b). C. 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. My UAS will 

never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, chris 

thomas, will however operate my UAS in safe areas away from public and traffic, providing a level of 

safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. D. 14 

C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited 

Regulations require, amongst other things, aircraft owners and operators to “have [the] 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. . . .” 

- Section 333 Exemption Petition These Regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to my, chris thomas, UAS. However, as a safety precaution I 

inspect my UAS before and after each flight. A Summary The FAA May Publish in the Federal Register: A. 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 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 enclosed operational area of my UAS 

permits exemption from Part 21 because my, chris thomas’s, UAS 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 of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. My UAS meets or exceeds each of the elements. 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) 

requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size 
of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining 

a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates 

and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be 

achieved. 

In summary, Chris Thomas (Aerial Pursuit) seeks an exemption from the following Regulations:14 C.F.R. 

21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 

14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 

C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 

C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, Ryan Marlow’s, 

small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real estate 

operations, and to develop economic platforms for real estate to enhance the experience of those 

seeking to relocate to the Anchorage area. Currently, area awareness and real estate aerial 

videography/photography relies primarily on the use of larger aircraft running on combustible fuel. 

Posing potential risk to the public. Granting my, chris thomas’s, request for exemption will reduce 

current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel, 

is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft 

with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating 

potential public risk flying to and from established airfields. I, chris thomas, have been informally 

analyzing flight information and will compile safety protocols and the implementation of a flight 

operations manual for usage that exceeds currently accepted means and methods for safe flight. Formal 

collection of information shared with the FAA will enhance the FAA's internal efforts to establish 

protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on 

board my, chris thomas, UAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. My, chris thomas, operation of my UAS, weighing less than 5 pounds and traveling at lower 

speeds within limited areas will provide an equivalent level of safety as that achieved under current 

FARs. Accordingly I, chris thomas, respectfully request that the FAA grant my exemption request and am 

willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the 

general public at large. 

Respectfully, Chris Thomas, Aerial Pursuit Mapping (Aerial Pursuit)