Clive Tollman, Digipulse LLC, Irvine, CA – Section 333 Exemption 

Petition

May 21, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Dear Sir or Madam,

I, Clive Tollman, owner of Digipulse, 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, Clive Tollman, owner of Digpulse LLC., a 

Video Production Company, and owner/operator of 2 small unmanned 

aircrafts, be exempted from the Federal Aviation Regulations (“FARs”) 

listed below so that I, Clive Tollman, may safely operate my unmanned 

aircraft systems (“UAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”).

Applicant:

Clive Tollman

Digipulse LLC

641 Wald, Irvine, CA 92618

949-233-0613

clive@digipulse.com 

Regulations From Which The Exemption Is Requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103
14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)

Extent of Relief and Why:

14 CFR Part 21 subpart H

The UAS’s to be operated carry neither pilot nor passenger and carry no 

explosive materials or

flammable liquids. Given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized, I request exception. In the 

restricted environment and under the conditions proposed operation will be 

at least as safe, or safer, than a conventional aircraft operating with an 

airworthiness certificate without said restrictions.

14 CFR 45.23 (b)

Due to the size of these UAS’s it does not have a cockpit, cabin, or pilot 

station on which to market certain words or phrases. Lettering would be very 

difficult to place on such a small aircraft and dimensions would need to be 

smaller than required minimum. 

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this 

exemption be granted, no FAA

regulatory standard will exist for determining airworthiness. Given the size 

of the aircrafts for

maintenance and use of safety check list prior to each flight an equivalent 

level of safety will be

provided.

14 CFR 91.9 (b) (2)

Given the size and configuration, the UAS’s have no ability to carry a flight 

manual on the aircraft. There is no room, capacity, or pilot on board to 

adequately carry flight manual. An equivalent level of safety will be 

maintained by keeping the flight manual at ground control point where the 

pilot will have immediate access to it.
14 CFR 91.103

As FAA approved flight manuals will not be provided for the aircraft an 

exemption will be needed. Normal procedures including but not limited to; 

reviewing weather, flight battery requirement, landing and takeoff distances, 

along will all of those found in attachment "DJI Pilot Training" (See 

Appendix D). An equivalent level of safety will be provided by preflight 

protocol to properly match the machine.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. 

Flight control is achieved through the use of a control box that 

communicates with the aircraft via radio communications. The equivalent 

level of safety provided because neither a pilot nor passenger will be carried 

in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations 

because my UAS’s do not carry pilot nor passenger. While helpful, a pilots' 

license will not ensure remote control piloting skills.

14 CFR 91.121

The UAS may not have a barometric altimeter, but instead does have a GPS 

altitude read out. An equivalent level of safety is achieved by the operator 

receiving live flight data monitoring and confirming current altitude along 

with altitude of launch site shown on GPS altitude indicator.

14 CFR 91.203 (a) and (b)

Similar to, 14 CFR 91.9 (b) (2), given the size and configuration, the UAS 

has no ability to carry certificate and registration documents on the aircraft. 

There is no room, capacity, or pilot on board to adequately such documents. 

An equivalent level of safety will be achieved by keeping these documents, 

to the extent they are applicable to the UAS, at the ground control point 

where pilot has immediate access to them.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 

91.417 (a) and (b)

Given these sections only apply to aircraft with an airworthiness certificate, 

these sections do not apply to this applicant. As a safety precaution, operator 

will perform preflight inspections and ensure UAS is in working condition 

before initiating each flight.
These are in accordance with FAA Publication: Public Guidance for

Petitions for Exemption Filed under Section 333 (Rev. 9/25/14). The 

petitioner submits this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs 

operating to prevent the petitioner from contemplated Commercial 

Videography encompassing Aerial Video Marketing, Cinematography, Real 

Estate, Academic and other Video Production related flight operations 

within the national airspace system (NAS). 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. The 

petitioner’s ultra light weight UAS’s meets the definition of “small 

unmanned aircraft” as defined in Section 331 and therefore the integration of 

Petitioners ultra lightweight UAS’s is expressly contemplated by the Reform 

Act. Petitioner would like to operate his ultra lightweight UAS’s prior to the 

time period by which the Reform Act requires the FAA to promulgate rules 

governing such craft. 

I, Clive Tollman, have several years of USA experience as well as a 

Videography background and vested interest in the industry. I can provide 

direct experience and valuable information to develop requirements and 

protocols for formal regulation that can be administered regarding various 

applications related to 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 reflects in favor of an exemption. Both my UASs utilize four (4) 

counter-rotating propellers for balance, control and stability. Our UAS’s are 

equipped with GPS and auto return safety technology. Weighing less than 

fifteen (15) pounds (far below the max. 55-pound limit); including camera 

with gimbal. I always fly line of sight below 300ft away from populated 

areas and Airports, Hospitals or Heliports. Prior and during every flight we 

adhere to strict pre flight and in flight protocols (see appendix C). 
Safety:

I, Clive Tollman, consider safety as foremost with each flight. Both my DJI 

Inspire 1 and DJI Phantom 2 V1 are designed to hover in place via GPS and 

operate per in flight protocol in less than a 13-knot (15 mph) wind. Built in 

safety systems include a GPS mode that allows our UAS to hover in place 

when radio controls are released. With three modes to choose from, we 

utilize the Safe 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 to slowly descend to point of take 

off. We are 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 our location or we 

suspect manned aircraft may approach near our location. Flights generally 

last between ten (10) to fifteen (15) minutes, with an altitude under three 

hundred (300) feet. Altitude and distance limits are set within the firmware 

(see appendix a and b). Also programmed into the firmware are early battery 

warnings starting at 30% battery power remaining. Typically we land our 

UAV’s at no lower then 40% battery remaining for further safety 

precautions. 

How Clive Tollman Digipulse LLC Request Will Benefit the Public As 

A Whole:

1. As the UAV industry and technology takes the world by storm the 

public safety as well as the safety of our National Airspace is at hand. 

I, Clive Tollman, owner of Digipulse LLC and operator of multiple 

UAV’s takes in Safety as a highest priority. In order to ease the 

tension of the unknown it is companies like Digipulse that will help 

educate and train both public and new UAV users on the safety, 

regulations, uses and applications, and common sense related to 

do’s and don’ts. There is limited manpower and as the industry 

expands its companies like Digipulse and pilots like myself that will 

assist the FAA in a safely integrating UAV’s into the sky. 

2. Other obvious benefits within the Video Production industry is the 

decreased need for manned helicopters to capture aerial videography 

in turn reducing the risk of life in the air and on the ground. In 

addition the mentioned quadcopters produce less noise and air 

pollution then convention methods of aerial videography. 
3. Digipulse will be creating Jobs and contributing to the overall local 

economy as our services are expanded into the UAV arena. 

4. Digipulse will be able to capture footage that otherwise used to be 

impossible or too costly. This cost savings and new perspective will 

open up opportunities to learn more about our communities and 

businesses in a way we could have never imagined. 

Summary:

For the reasons stated below I, Clive Tollman, respectfully request the grant 

of an Exemption allowing me to operate ultra lightweight, remote controlled 

UAS’s for the purpose of producing dynamic videography/cinematography 

promoting economic growth for the local community while educating the 

public on the correct and safe way of UAS integration into the national

airspace. 

Lastly 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.

As described herein I, Clive Tollman, am experienced in flying quadcopters 

and hexacopters currently referred to as Drones and owner of a wellestablished insured Video Production Company (Digipulse LLC) based out 

of Irvine, California. Digipulse has been in business for over a decade 

providing video services to an array of clients. I currently own and fly a DJI 

Inspire 1 Quadcopter and DJI Phantom 2 V1 Quadcopter (see appendix A 

for Inspire and Appendix B for Phantom 2 V1) with over 200 hours 

combined flight time on the listed UAV’s. I, Clive Tollman, submit this 333 

Exemption with intent and desire to add and utilize this technology for the 

purpose of continuing to produce dynamic content and accommodate the 

request of our existing and future client base seeking to utilize this 

revolutionary technology and the unbelievable perspective this technology is 

able to safely capture, following exemption and approval by the FAA. I have 
flown Multirotors for over five (5) years without incident. 

Committed to safety with each flight. My exemption request would permit 

operation of ultra lightweight, UAS(s) for commercial use in tightly 

controlled and limited airspace. Predetermined in areas away from general 

public, airports, heliports and vehicular. Furthermore I, Clive Tollman, 

believe that based on my experience and reputation within the video 

production community is in a unique position to assist the FAA in 

developing operational and safety protocols for lightweight UAS’s as they 

are integrated into the National Airspace. Currently this seems to be a major 

issue as the drone industry explodes and the uneducated take to the skies. I, 

Clive Tollman, have personally instilled safety protocols and controls to 

avoid and prevent public hazard, as well as manned aircraft 

hazards/catastrophe. This will act to further safety protocols exclusive to 

lightweight UAS's specific to the Video Production Industry. 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, Clive Tollman, will continue to 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 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 Cinematography/Photo purposes. Further I, Clive Tollman, will conduct 

my operations in compliance with the protocols described herein or as 

otherwise established by the FAA.

As set forth herein, Clive Tollman owner of Digipulse LLC seeks an 

exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the DJI Inspire 1 UAS and DJI Phantom 2 V1 UAS 

commercially, without an airworthiness certificate, for the limited purpose of 

conducting aerial video and photography over certain areas of the United 

States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing Clive Tollman 

owner of Digipulse LLC to safely, efficiently, and economically operate the 

DJI Inspire 1 and Phantom 2 V1 UASs commercially within the NAS. 
In accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Clive Tollman owner 

of Digipulse LLC seeks Exemption Request Section 333 of the FAA Reform 

Act of the Federal Aviation Regulations from 14 CFR Part 21, 14 C.F.R. 

91.109, 14 CFR 91.405 (a), 14 C.F.R. 45.23(b), 14 C.F. R. 91.119, 14 CFR 

407 (a) (1), 14 CFR 61.113 (a) & (b), 14 C.F.R. 91.121, 14 CFR 409 (a) (2), 

14 C.F.R. 91.7 (a), 14 CFR 91.151 (a), 14 CFR 417 (a) & (b), 14 CFR 91.9 

(b) (2), 14 CFR 91.203 (a) & (b), 14 C.F.R. 91.103

Dated: May 21, 2015

Respectfully submitted,

Clive Tollman

Digipulse LLC. 

641 Wald, Irvine CA 92618

949-233-0613

clive@digipulse.com
APPENDIX (A) DJI INSPIRE 1






























































APPENDIX (B) DJI PHANTOM2 v1



































APPENDIX (C) PRE AND IN FLIGHT PROTOCOLS
Protocols and Controls

Safety for public on the ground as well as manned aircraft above is an 

essential and utmost consideration for aerial videos and photography. As 

such, safety protocols and controls must be implemented through pre-flight 

preparation and during flight.

Pre-Flight Protocol:

 Check batteries with voltage meter to insure fully charged and ready for 

use.

 Inspect batteries for damage or leakage that may affect proper operation.

 Inspect propellers for cracks, chips or damage that may cause sudden loss 

of propulsion

or

 unmanageable/uncontrolled flight.

 Check weather forecasts for wind advisory or other conditions that my 

impact flight.

 Consult five (5) mile radius map for airport vicinity.

• Contact respective airport to advise of estimated flight time, estimated 

flight

duration, estimated elevation of flight, and any other pertinent information.

 Inspect flight area for

• vicinity of public safety helipads/heliports

• vicinity of medical helipads/heliports

• vicinity of light poles

• vicinity or utility wires

• vicinity of trees

• flocks of birds that may cause interference and potential flight impact

• vicinity of any elevated obstructions that may pose potential flight 

hazard

• vicinity of roadways with moderate to heavy traffic that can be 

distracted

• public gatherings that may attract viewers

• optional point of control for best visual site of UAS while in flight

 Takeoff and landing

• inspect area for best and safest point of takeoff and landing

• if in a subdivision or area that is within 150 feet of a residential street, 

post

• warning sign(s)/stand(s) "Attention Aerial Photography In Progress - 

Remain
• Back 150 Feet"

Flight Protocol:

 Takeoff and land from same location

 Remain alert to birds, sound or aircraft, curious public, and approaching 

vehicles

 Do not allow anyone to engage in conversation or distract the remote 

control pilot

 Restrict flight to minimal elevation sufficient to acquire desired results

 Remain prepared for emergency landing at all times

 Pay attention to flight time

• If possible set a timer as a safety alert

 Land UAS and shut down propulsion immediately following landing

Protocols and Controls

Post flight:

a. Disconnect battery to prevent accidental activation of propulsion system

b. Secure UAS in a safe location

c. Remove all warning signs from public access areas

Emergency or Suspected Hazard:

 Immediate land UAS at safest and closet ground location in the event

• Manned aircraft is heard or seen in vicinity of flight

• There is a public gathering within established safety boundary 

wanting to observe flight

• Pilot is being distracted from focusing on flight and safety

• Sudden change in weather (wind bursts)

• Sudden increase in vehicular traffic in vicinity of flight

• Birds enter into proximity of flight

• Any sudden unsafe event that can cause collision, distraction or 

interruption of control
APPENDIX (D) SAFETY AND FLIGHT MANUAL

Aerial Videography/Cinematography