By letter dated April 20, 2015, Mr. Dustin Breau, Photographer, of Dustin 

Breau Photography (Breau), 570 Grinding Circle, Kaysville, UT 84037 

petitioned the Federal Aviation Administration (FAA) for an exemption from 

part 21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 

91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, 

Code of Federal Regulations (14 CFR). The proposed exemption would 

allow Breau to operate the Inspire 1 quad-copter unmanned aircraft 

system (UAS) to conduct aerial videography and cinematography to 

enhance and augment aviation listing videos, charter service, FBO and 

airport promotion videos.

The petitioner supports his request with the following information:

The petitioner has provided the following information – contained in his 

petition and supporting documentation including: 1) Supplemental 

Response for Petition, 2) Inspire 1 Quick Start Manual v1.0, 3) Inspire 1 

User Manual 1.2 (all hereinafter referred to as operating documents).

The FAA has organized the petitioner’s information into four sections: 1) the 

unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) 

the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the Inspire 1, which 

is comprised of an unmanned aircraft (UA or Inspire 1) and a transportable 

ground station.

The Inspire 1 is referred to as a quad-copter with a maximum gross weight 

of about 4 pounds. It is equipped with four rotors that are driven by electric 

motors powered by batteries. The UA has a maximum airspeed of 30 knots. 

The UA has an attached 4k camera that the petitioner will operate at 

various approved airports to augment aviation listing videos, charter 

service, FBO and airport promotion videos.

Petitioner makes the following representations of operational 

enhancements which he proposes to abide by to ensure this exemption will 

provide a level of safety at least equal to existing rules:
• He will only operate in reasonably safe environments that are strictly 

controlled, are away from power lines, elevated lights, and actively 

populated areas;

• He will conduct extensive preflight inspections and protocols, during 

which safety carries primary importance.

• He will be in constant contact with airport authorities and local ATC. 

• He will not operate the UA in any active taxiway or active airspace. 

• He will not operate the UA any more than 10 feet higher than the highest 

point of the aircraft he is filming. 

The petitioner states that given the size, weight, speed, and limited 

operating area associated with the aircraft to be utilized by him, an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and 

§ 91.203 (a) and (b) (Certifications required), subject to certain conditions 

and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 

112-95 (Section 333).

Petitioner requests an exemption from § 45.23 Marking of the aircraft 

because his UA will not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Further, he states that two-inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the 

minimal lettering requirement. Regardless of this, petitioner states that 

he will mark his UAS in the largest possible lettering by placing the word 

“Experimental” on its fuselage as required by § 45.29(f) so that he or 

anyone assisting him as a spotter will see the markings.

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 

91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be 

required and should be granted since they only apply to aircraft with an 

airworthiness certificate. However, the petitioner states as a safety 

precaution he will perform a preflight inspection of his UAS before each 

flight as outlined in his operating documents.
UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are 

limited to non commercial operations, however he can achieve an 

equivalent level of safety as achieved by current regulations because his 

UAS does not carry any pilots or passengers. Further, he states that, while 

helpful, a pilot license will not ensure remote control piloting skills. 

He further indicates that the risks of operating a UAS are far less than the 

risk levels inherent in the commercial activities outlined in 14 CFR part 61, 

et seq., thus he requests an exemption from § 61.113 Private Pilot 

Privileges and Limitations: Pilot in command.

Regarding UAS operational training, the petitioner states he has flown 

numerous practice flights in remote areas as a hobbyist simulating flights 

for future commercial use to gain familiarization with the characteristics of 

his UAS’ performance under different temperature and weather conditions. 

He further states that he practices computerized simulated flights 

to maintain adequate skills and response reflex time.

In a supplemental request to the FAA, the petitioner requests consideration 

of a 120 day temporary airman certificate in accordance with § 63.13, to 

allow him time to obtain a private pilot certificate or to allow the FAA time to 

establish minimum UAS airman certification standards.

Public Interest 

The petitioner has been in the aviation industry since birth. The petitioners 

father was a captain for American Airlines for 36 years and a private pilot 

for more than 50 years. The petitioners father taught him how to fly. The 

petitioner has been an aviation photographer/filmographer for more than 16 

years. In just the past two years, the petitioners clients have created 

numerous jobs in the aviation industry and have moved more than three 

hundred million dollars with the help of a UA. For brokers, when the 

petitioner is brought in, the average days on market is 36 days. When the 

petitioner is not brought in by brokers, the average days on market is over 

320 days. The UA is a integral part of the petitioners service, promoting 

brokers, FBO’s, charter companies and airports. With the utmost care and 

safety in mind, the petitioner uses his UA to generate enormous amounts of 

cash flow for the aviation industry helping the FAA, TSA and numerous 

other aviation entities.