Mr. John S. Duncan

Director, Flight Standards Service

800 Independence Ave., SW

Washington, DC 20591

Mr. Duncan,

Re: Public Law 112-95-FAA 

Modernization and Reform Act of 2012, 

H.R. 658-65 Section 333

Exemption No. 12236 (granted July 30, 

2015)

Regulatory Docket No. FAA-2015-1928

The FAA granted OConnor Aerial 

Videos & Editing LLC exemptions from 

Section 333 Special Rules for Certain 

Unmanned Aircraft Systems, July 30, 

2015, signed by you. I also received a 

Certificate of Waiver or Authorization

(COA) as well. Thank you.
Mr. Duncan, I am a one-man company 

operating out of a small room in my 

house, it would be prohibitively 

expensive and impractical for me to 

obtain a pilot’s license. My two UAS, a 

DJI Phantom 2 and DJI Phantom 3, both 

are 16 inches wide, 8 inches high, they 

weigh 4 pounds and 2 pounds 

respectively, and are restricted to flying 

200 feet AGL, please see the attached 

photo.

But I am confused about what the FAA 

requires of me in order that I may run 

my business commercially within the 

framework set forth in your granting me 

my request for Section 333 exemption.

Attached you will find a list of my 

suggested changes to the Conditions 
and Limitations listed in my Section 333 

exemption notice. Below is an extensive 

explanation as to why I feel these 

changes should be made.

In the FAA notification letter dated July 

30, 2015, granting me Section 333 

exemptions, Line 13 under Conditions 

and Limitations, it’s stated that the 

“...Pilot In Charge (PIC) must hold either 

an airline transport, commercial, private, 

recreational, or sport pilot certificate. 

That the PIC must also meet flight 

review requirements specified in 14 

CFR § 61.53 in an aircraft in which the 

PIC is rated on his or her pilot 

certificate.”

14 CFR § 61.53 is directed at manned 

aircraft, not the Unmanned Aircraft 

Systems I fly. Per the FARs, all I need is 
a minimum of a Sport Pilot license to fly 

my UAS commercially, yet these same 

FARs state Sport Pilots, Private Pilots, 

Recreational Pilots cannot fly aircraft 

commercially. So how is it that if I have 

one of these three type of pilot’s 

licenses I can fly my UAS for 

commercial purposes but if I fly manned 

aircraft with either of these three 

licenses, I’m forbidden from flying 

aircraft for commercial purposes?

I find this confusing and contradictory to 

me.

Line 13 also talks about flight review 

requirements for flying my UAS, there 

are there are no flight review 

requirements listed anywhere in the 

FARs regarding UAS, FARs only refer to 

manned aircraft. There are no FARs 
regarding UAS pilot testing or flight 

review procedures.

I’m asking you for an exemption from 

the licensed pilot requirement and the 

flight review requirement in Line 13 of 

the Conditions and Limitations section in 

my Section 333 exemption notification. 

The other issue I have is under Line 2 of 

the Conditions and Limitations section of 

my Section 333 grant of exemption 

document, which states “Operations for 

the purpose of closed-set motion picture 

and television filming are not permitted.” 

I have worked in the film/video business 

for well over 30 years now and I know 

what a closed set is but I need 

clarification from you about this. 

“Closed-set” means outsiders are not 

allowed to see what is being filmed and 
usually pertains to scenes shot in an 

enclosed building where outsiders 

cannot gain access to nor view what is 

being filmed. If that is what the FAA 

means by “Closed-Set”, then I’m fine 

with that, but it needs clarification.

But if the FAA means I cannot use my 

UAS on ANY film or TV production that 

is shot outside in the open air, then I 

would like you to indicate that in Line 2 

of the Conditions and Limitations section 

of my Section 333 notification that I am 

exempted from that clause.

Line 6 of the Conditions and Limitations, 

“All operations must utilize a Visual 

Observer or VO.” 

My aerial mapping UAS is a true drone, 

it flies a pre-programmed flight route 

autonomously via computer program I 
upload to it and as the operator of that 

drone, all I have to do is watch my UAS 

perform its mission while I easily act as 

my own VO but I have instant access to 

control the UAS if needed. Since both of 

my UAS will fly below 200 feet AGL and 

within 1,500 feet horizontally of me, well 

within Class G airspace, I would like an 

exemption from Line 6 of the Conditions 

and Limitations requiring a VO during 

operations.

Line 22 of Conditions and Limitations 

requires that I register my UAS and 

have identification N-Number affixed to 

them. Part of that process requires that I 

prove these UAS were never registered 

in a foreign country. My UAS were 

manufactured in China by DJI, shipped 

to DJI North America who ships them to 

their US distributors who then re-ship 
them to hobby shops all over the United 

States. Along with my submission of 

Form 8050-1 and 8050-88 there is the 

requirement that I prove that my small 

UAS were not registered in a foreign 

country. I was told by the FAA Aircraft 

Registration Branch that including 

purchase receipts from US hobby shops 

is not enough proof that they were never 

registered in a foreign country, as per 

Jamie Powers, Legal Instruments 

Examiner, of your Oklahoma City 

Aircraft Registration Branch. If there is a 

way you can notify this branch of the 

FAA that a sales receipt of a new UAS 

bought from a U.S. hobby shop is 

enough proof, I’d appreciate it.

I am attempting to be responsible and I 

have put myself on the FAA’s “radar” by 

applying and now receiving my Section 
333 exemption, but I’m faced with 

overwhelming competition from 

corporations that have deep pockets 

and can hire licensed pilots to fly their 

UAS and I’m faced with severe 

competition from companies and 

individuals who don’t bother with 

Section 333 exemptions. My small 

business is effectively dead in the water 

because of the licensed pilot 

requirement.

I hope you take my suggested 

changes/additions into consideration 

and grant me these changes/additions 

to the listed Conditions and Limitations 

in my Section 333 exemption document.

Albert S. OConnor, Manager

OConnor Aerial Videos & Editing LLC

1010 Black Willow Drive
Oviedo, FL. 32765

407-761-4595

idronecom@aol.com

Mr. Duncan, here are the changes I 

have suggested:

Conditions and Limitations

In this grant of exemption, OConnor 

Aerial Videos & Editing LLC dab 

iDRONE is hereafter referred to as the 

operator.

2. Operations for the purpose of 

closed-set motion picture and television 

filming are not permitted.

Change to: Operations for the purpose 
of filming indoors in a building or studio, 

so as to limit the public’s access to what 

is being filmed, or what is called 

“closed-set” filming, of motion picture 

and television productions, is not 

permitted.

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 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. 

ThePIC 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.

Change to Add: Operations under 200 

feet AGL within Visual Line Of Sight or 

VLOS, a VO is recommended but not 

required.

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 valid U.S. driver’s license 

issued by a state, the District of 

Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. 

The PIC must also meet the flight review 

requirements specified by 14 CFR §

61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate.

Change to: Under this grant of 
exemption and with COA, operations 

under 200 feet AGL require no pilot’s 

license as this would be expensive and 

impractical. Furthermore, Medical 

certification can be provided by showing 

proof of FAA airman medical certificate 

or valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto 

Rico, a territory, a possession, or the 

Federal Government.

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 (N-Number) markings in 

accordance with 14 CFR part 45, 

Subpart C. Markings must be as large 

as practicable.

Change to Add: If UAS was purchased 

new from a U.S. distributor or U.S. retail 
store, a sales receipt is the only proof 

necessary to prove the origin of 

purchase to file for an Aircraft 

N-Number.

This last change would require notifying 

the Aircraft Registration Branch in 

Oklahoma City, Oklahoma, that the 

requirement that UAS operators who 

have purchased, new, their UAS 

through a U.S. distributor or retail store, 

will only require a copy of the sales 

receipt to prove non-foreign registration 

of a UAS.