Rupprecht Law P. A. 

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 

P: (561) 222-6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com 

April 14, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and 

(5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

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, Enviroskycam, operator of small Unmanned Aircraft Systems (UAS) equipped to 

conduct aerial imaging for environmental monitoring and wildlife conservation, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its 

small UAS, so long as such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333.

QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown: 

o DJI Phantom 2 Vision + (previously granted in Exemption # 11313).

 The operations will be aerial imaging for environmental monitoring and wildlife conservation.

(Exemption # 11259 was granted to allow environmental monitoring.)

 We already agree to all the restrictions listed in Exemption # 11259 which are listed below.

 The PIC is a commercial pilot who has 35 years of R/C building and flying experience. 

Based upon the FAA’s recent guidance, this petition is eligible for summary exemption and should be 

granted immediately.
2

Enviroskycam requests that the publication and comment procedures be waived in accordance 

with 14 C.F.R. § 11.87 which states:

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my 

petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments if 

you present or we find good cause why we should not delay action on your petition. The factors 

we consider in deciding not to request comment include:

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner.

Corresponding to the above sub-sections, Enviroskycam has good cause to request the FAA to 

waive the comment period and not delay action on the petition because:

(a) Enviroskycam would not set any precedent. Enviroskycam agrees to the SAME exact 

limitations exact limitations as Exemption # 11259.

(b) Enviroskycam agrees to the SAME exact limitations as Exemption # 11259.

(c) Delaying the granting of this petition would adversely affect the public, the FAA, and 

Enviroskycam The public, as well as the FAA, would be better served by the FAA quickly 

granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors 

to dedicate their time and attention to much higher priorities. Moreover, Enviroskycam is 

adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.
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Petitioner’s contact info:

Enviroskycam

Attn: Gus Calderon

Phone: 760-519-1941

Address: 878 Hollyhock Court, Carlsbad, CA 92011

Rupprecht Law, P.A.

Attn: Jonathan Rupprecht

Phone: 561-222-6979

Email: jon@jrupprechtlaw.com

Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401

Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA 

Modernization and Reform Act. In making this determination, the Secretary is required to determine 

which types of UA do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,
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 Operation of the UA within visual line of sight of the operator (VLOS).1

If the Secretary determines that such vehicles "may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system." Id. § 333(c) (emphasis added).2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of 

the Act that includes UAS’s, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

“The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b).

ABOUT THE PETITIONER

Enviroskycam is an aerial imaging company that has been conducting commercial operations in 

a Beechcraft Bonanza A-36 since 2006. Since the large size and high cruising speed of a fixed-wing 

manned aircraft preclude sensitive environmental monitoring and related operations at a low altitude, the 

applicant has acquired a DJI Phantom 2 Vision+ that weighs less than 3 lbs. including payload in order 

to conduct commercial operations with its UAS. Applicant has developed a confidential Flight 

Operations & Procedures Manual (FOPM) and Aircraft Flight Manual (AFM) hereinafter referred to as 

the “Operator’s Manual.” The pilot in command also has 35 years of experience building and flying 

remote-controlled aircraft. Such operations will ensure that the UAS will "not create a hazard to users of 

the national airspace system or the public.”

 

1

 FAA Modernization and Reform Act of 2012 at § 333(a).

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions 

under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined 

that the conditions set forth herein do not fulfill the statutory requirements for approval.
5

OPERATING DOCUMENTS

Enviroskycam will operate only within the limitations below and the limitations listed in the DJI 

User’s Manual, Flight Operations & Procedures Manual (FOPM), and Aircraft Flight Manual (AFM). 

The FOPM and AFM are considered proprietary and will be submitted confidentially via email. If there 

is a conflict between the documents, the limitations below from the previously granted exemption will 

take precedence over any manual.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory structure.

These limitations and conditions are identical to Exemption # 11259. except for the difference in 

aircraft. Enviroskycam agrees to be bound when conducting commercial UA operations. The list of 

limitations and conditions include the following:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision + when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption 

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot 

speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA 

operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude 

must be reported in feet AGL.
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5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the 

PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on 

the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

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. The 

PIC 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.

7. This exemption and all documents needed to operate the UAS and conduct its operations in 

accordance with the conditions and limitations stated in this grant of exemption, are hereinafter 

referred to as the operating documents. The operating documents must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator 

must follow the procedures as outlined in its operating documents. The operator may update or revise 

its operating documents. It is the operator’s responsibility to track such revisions and present updated 

and revised documents to the Administrator or any law enforcement official upon request. The

operator must also present updated and revised documents if it petitions for extension or amendment 

to this grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the operator must petition for an amendment 

to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight 

prior to conducting further operations under this exemption. Functional test flights may only be 

conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional 
7

test flight must be conducted in such a manner so as to not pose an undue hazard to persons and 

property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition 

for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance 

has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

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 a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC must also meet the flight review 

requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs 

and VOs (training, proficiency, and experience-building) and determining the PIC’s ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption are 

permitted under the terms of this exemption. However, training operations may only be conducted 
8

during dedicated training sessions. During training, proficiency, and experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must operate 

the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must 

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in 

the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center 

of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of 

agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the 

exemption holder. The letter of agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined

location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) 

there is enough available power for the UA to conduct the intended operation and to operate after 

that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall 

be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or 

amended COA if it intends to conduct operations that cannot be conducted under the terms of the 

attached COA. 
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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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA 

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately in a manner 

ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating 

closer to those objects and the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under

this exemption.

27. All operations shall be conducted over private or controlled-access property with permission from 

the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted.
10

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations 

must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

STATUTORY CRITERIA PROVIDED IN SECTION 333 

The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated 

without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without 

the restrictions and conditions proposed.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, 

there is no ability or place to carry certification and registration documents or to display them on the 

unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UA will have immediate access to them. Given the size 

of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a 

font as possible.

14 C.F.R. § 61.23(a) & (c): MEDICAL CERTIFICATES

Exemption # 11221, # 11284, and many others have provided that a U.S. driver’s license 

could be used in lieu of the medical certificate. 
11

14 C.F.R. § 61.101(e)(4) & (5): RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS & 14 C.F.R.

§ 61.315(a): SPORT PILOT LIMITATIONS.

Exemption # 11221, # 11284, and many others have provided that the “PIC must hold either 

an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise, 

Enviroskycam is also performing commercial UAS work and is asking for the same restrictions

which have been previously deemed to provide an equivalent level of safety as the burdensome 

regulations. 

14 C.F.R. § 61.113 (a): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN COMMAND.

Sub-sections 61.113(a) limit private pilots to non-commercial operations. Because the UAS 

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 this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on 

board.

14 C.F.R. § 91.7(a): CIVIL AIRCRAFT AIRWORTHINESS.

Exemption # 11313 previously determined that a DJI Phantom 2 Vision + should not be 

required to have an airworthiness certificate based upon the authority of Section 333 of the FAA 

Modernization and Reform Act of 2012.

14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. 

Because of the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these small UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.
12

14 C.F.R. § 91.121: ALTIMETER SETTINGS

This regulation 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 the UAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the user’s manual.

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; or (2) At night, to fly after that for at least 45 minutes."

14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(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"3and 

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 the 

applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in 

size and will carry a small payload and operate only in restricted areas for limited periods of time. 

Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

 

3

14 C.F.R. § 91.405(a).
13

CONCLUSION:

The operation of Enviroskycam using a small UAS, weighing less than 55 lbs., conducted under the 

proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of 

the exemptions requested herein. 

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at 

(561)222-6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,