(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

November 20, 2015

RE: Summary Grant for Section 333 Exemption

To Whom It May Concern:

I, Jeff Newland, am applying for a summary grant for exemption under section 333 in order to 

utilize a UAS for commercial purposes specifically in the Film / Television & Real Estate 

industries. 

I. Similar Exemptions Previously Approved in the State of Texas:

FAA−2015−0022, Exemption No. 11340

FAA-2015-0148, Exemption No. 11403A

FAA–2015–3207, Exemption No. 13223

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Jeff Newland

Requests Exemption are: 

14 CFR 21;14 C.F.R. 45.23(b);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 Jeff Newland seeks and the Reason He Seeks Such Relief: 

I, Jeff Newland, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, 

seeking relief from any currently applicable FARs operating to prevent me, Jeff Newland, 

contemplated 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, Jeff 

Newland’s, 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 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption 

for me, Jeff Newland. My UAS utilizes four (4) counter-rotating propellers for balance, control and 

stability. My UAS is equipped with GPS and auto return safety technology. Weighing less than five 

(5) pounds (far below the maximum 55 pound limit); including camera with gimbal. 

I, Jeff Newland, considers safety as 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 released. 

With three modes to choose from, I utilize the Smart Mode5 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. My UAS is capable of 

vertical and horizontal operations, and are 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 

three (3) to seven (7) minutes, with an altitude under one hundred fifty (150) feet. I, Jeff Newland, 

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

each battery is nine (9) to twelve (12) minutes as tested. I do not operate my UAS at or below 

manufacture recommend minimum charge levels for operation; 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 clocked 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. All for 

the sake of safety. 

I, Jeff Newland, 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. Jeff Newland’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 Jeff Newland’s Request Will Benefit the Public As A Whole: 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

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 real estate 

companies and average homeowners the expense of such aerial videography is cost prohibitive. 

Only large companies and high end Realtors or luxury homeowners can afford to absorb such 

expense. Depriving non-luxury homeowners and lower budget Realtors from a valuable marketing 

tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the East 

Texas community. Each resulting in loss of life. Each with combustible fuel that exploded and 

burned on impact. Police helicopters have made emergency hard landings within city limits. My, Jeff 

Newland’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, Jeff 

Newland’s, exemption request furthers the public interest through academic/visual awareness of 

the geographical benefits in and around the East Texas 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, Jeff 

Newland, to immediately fly within national air space furthers economic growth. Granting my 

exemption request substantially furthers the economic impact for the East Texas community for 

companies looking to relocate or build in the East Texas 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 Jeff Newland’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: 

My, Jeff Newland’s, exemption will not adversely affect safety. Quite the contrary, for the reasons 

stated permitting me, Jeff Newland, 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 for Realtors that can be embraced by the 

NAR, AAR, and TAR for development in cooperation with the FAA. In addition I, Jeff Newland, 

submit the following representations of enhancements to current aerial videography and 

photography for real estate: 

My UAS weighs less than 5 pounds complete with a small ultra light weight HD quality camera; I

only operate my UAS below 200 feet9 (well within the 400 foot permissible ceiling set by the FAA 

Modernization and Reform Act of 2012); my UAS only operate for 3-7 minutes per flight; I land my 

UAS prior to manufacturer recommended minimum level of battery power; I pilot my UAS through 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

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 obtains all necessary permissions 

prior to operation; and, I have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

My, Jeff Newland’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 remarkably astounding, 

there has been local incident involving loss of life as well as extensive property damage; 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 

operate 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, Jeff Newland’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, Jeff 

Newland, current and projected UAS's meet or exceed each of the elements. 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

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, Jeff 

Newland. 

14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to 

be marked according to certain specifications. My UAS are, by definition, unmanned. They 

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. 

Further, two-inch lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Regardless, I will mark its UASs in the largest possible lettering by 

placing the word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the 

pilot, or anyone assisting me as a spotter with the UAV will see the markings. The FAA has 

previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.

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, 

Jeff Newland, 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, Jeff Newland, to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. 

§61.113 (a) & (b). 

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, Jeff Newland, will however operate 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

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. 

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. . . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to my, Jeff Newland, 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, Jeff Newland’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, Jeff Newland 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, Jeff Newland, small unmanned vehicle/lightweight unmanned aircraft 

vehicle in community awareness and real estate operations, and to develop economic platforms for 
(903) 309-3599 “Changing the Future of Photography”

Gilmer, TX 75645 www.eimphoto.com

real estate to enhance the experience of those seeking to relocate to the East Texas 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, Jeff Newland, 

request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft do 

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 

air fields. I, Jeff Newland, have been informally analyzing flight information and will compile safety 

protocols and the implementation of a flight operations manual for real estate 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, Jeff Newland, UAS 

and therefore the likelihood of death or serious bodily injury is significantly diminished. My, Jeff 

Newland’s, operation of my UAS, weighing less than 5 pounds and travelling at lower speeds within 

limited areas will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly I, Jeff Newland, 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 Submitted, 

Jeff Newland

Owner / Operator

Expression in Motion Photography

1040 Lazy Daisy Road

Gilmer, TX 75645