E&J Photography

Exemption Request

Letter dated June 15, E&J Photography (Everett Collie) 13 1/2 Houston Ave. Middletown NY 10940 

petitioned the Federal Aviation Administration

(FAA) for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a),

91.9(b)(2), 91.103, 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 the Federal

Regulations (14 CFR). The proposed exemption would allow E&J Photographyto operate its

unmanned aerial system (UAS) for aerial photography and inspection, including but not

limited to operations: (1) over land, waterways, and oceans; (2) operation over and/or in

nonrestricted National Parks, National Forests, and non-navigable airspace using

nonintrusive recording devices; and (3) operation in otherwise unrestricted U.S. States

and Territories. All proposed operations would be conducted under controlled conditions

in airspace that is: (1) limited, (2) predetermined, and (3) access controlled

ATAC Global requests relief from the following regulations:

FAA rule which we seek exemption below in bold:

Part 21 prescribes the procedural requirements for issuing and changing design

approvals, productions approvals, airworthiness certificates, and airworthiness

approvals.

AFS-14-373-E

Section 45.23(b) prescribes that when marks include only the Roman capital letter

“N” and the registration number is displayed on limited, restricted or light-sport

category aircraft or experimental or provisionally certificated aircraft, the operator

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot

station, in letters not less than 2 inches nor more than 6 inches high, the words

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as
applicable.

E&J Photography description of the exemption we seek below:

E&J Photography UAS will have no airworthiness certificate; an exemption may be needed

from 14 CFR § 45.23 as the UA will not have a cockpit or cabin. Given the size of the

UAS, the 2-inch lettering will be impossible. The petitioner asserts that an equivalent

level of safety will be provided by having the UA marked with the word “experimental” 

on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot,

observer, and others working with the UA will see the identification.

FAA rule which we seek exemption below:

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of

an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

E&J Photography description of the exemption we seek below:

Given the size, weight, and speed of the UA, as well as the location where it is operated

and the fact that the UAS will not carry a pilot or passengers on board, as a result the

proposed operations can achieve a very high level of safety, also, additional safety

measures are in place by requiring PIC to complete 50 hours of onsite with an additional

10 hours of online instruction before becoming operational. Also, UAS flights will be

limited to below 400feet AGL.

FAA rule which we seek exemption below in bold:
Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a pilot in command of

an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in

an airworthy condition.

E&J Photography description of the exemption we seek below:

Currently, no such certificate exists in the applicable in the form contemplated by FAA

regulations. As a result, this regulation is inapplicable

FAA rule which we seek exemption below in bold:

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual,

approved manual material, markings, and placards, or any combination thereof.

E&J Photography description of the exemption we seek below:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard

the UAS is not possible. However, these documents will remain at the ground control

point where the pilot flying the UAS will have immediate access to them.

FAA rule which we seek exemption below in bold:

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with

runway lengths at airports of intended use, and takeoff and landing distance

information.
E&J Photography description of the exemption we seek below:

UAS operator will thoroughly cover all preflight actions including reviewing weather,

battery requirements, landing and takeoff distances, and aircraft performance data

before initiation of flight using appropriate checklists.

FAA rule which we seek exemption below:

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil

aircraft (except a manned free balloon) that is being used for flight instruction

unless that aircraft has fully functioning dual controls.

E&J Photography description of the exemption we seek below:

Flight control is accomplished through the use of a radio transmitter that communicates

with the aircraft via a receiver in the UA Therefore, there are no dual flight controls.

Additionally, there is no pilot or passengers in the UAS and the small size and safe

speeds are added safety measures

FAA rule which we seek exemption below:

Section 91.119 prescribes that, except when necessary for takeoff or landing, no

person may operate an aircraft below the following altitudes:

1. (a) Anywhere. An altitude allowing, if a power unit fails, an emergency

landing without undue hazard to persons or property on the surface.

2. (b) Over congested areas. Over any congested area of a city, town, or

settlement, or over any open air assembly of persons, an altitude of 1,000 feet

above the highest obstacle within a horizontal radius of 2,000 feet of the

aircraft.

3. (c) Over other than congested areas. An altitude of 400 feet above the

surface, except over open water or sparsely populated areas. In those cases,

the aircraft may not be operated closer than 500 feet to any person, vessel,
vehicle, or structure.

4. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the

operation is conducted without hazard to persons or property on the

surface—

1. (1) A helicopter may be operated at less than the minimums

prescribed in paragraph (b) or (c) of this section, provided each

person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA; and

2. (2) A powered parachute or weight-shift-control aircraft may be

operated at less than the minimums prescribed in paragraph (c) of

this section.

E&J Photography description of the exemption we seek below:

91.119 allows safe altitudes for the operation of civil aircraft, but that it allows

helicopters to be operated at lower altitudes in certain conditions. E&J Photography will not

operates UAS above the altitude of 400 feet above ground level (AGL) and will also only

operate in safe areas away from the public and traffic, thus “providing a level of safety at

least equivalent to or below those in relation to minimum safe altitudes.” Because of the

size, weight, maneuverability, and speed of the UAS, an equivalent or higher level of

safety will be achieved. Also, No flight will be taken without the permission of the

property owner.

FAA rule which we seek exemption below in bold:

Section 91.121 requires, in pertinent part, 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.”
E&J Photography description of the exemption we seek below:

Altimeter settings is inapplicable since the UAS utilizes electronic GPS with a barometric

sensor.

FAA rule which we seek exemption below in bold:

Section 91.151(a) prescribes that no person may begin 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 [emphasis

added].

E&J Photography description of the exemption we seek below:

The limitations on the UAS’s proposed flight area and the location of its proposed

operations within a predetermined area, a longer timeframe for flight in daylight or night

VFR conditions is reasonable. We believe an equivalent level of safety can be achieved

by limiting flights to 45 minutes or not less than 15 percent of battery power, whichever

occurs first. Also, E&J Photography UAS has preprogrammed setting that enables the UAS to

return to original take off location when signal is lost and or battery becomes too low

adding an additional safety measure

FAA rule which we seek exemption below:

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil

aircraft unless it has within it (1) an appropriate and current airworthiness

certificate; and (2) an effective U.S. registration certificate issued to its owner or, for

operation within the United States, the second copy of the Aircraft registration

Application as provided for in § 47.31(c).

E&J Photography description of the exemption we seek below:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard
the UAS is not possible. However, these documents will remain at the ground control

point where the pilot flying the UAS will have immediate access to them.

FAA rule which we seek exemption below:

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil

aircraft unless the airworthiness certificate or a special flight authorization issued

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

E&J Photography description of the exemption we seek below:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard

the UAS is not possible. However, these documents will remain at the ground control

point where the pilot flying the UAS will have immediate access to them.

FAA rule which we seek exemption below in bold:

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner

shall have that aircraft inspected as prescribed in subpart E of the same part and

shall, between required inspections, except as provided in paragraph (c) of the same

section, have discrepancies repaired as prescribed in part 43 of the chapter.

E&J Photography description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate. E&J Photography will

keep routine and preflight maintenance records, which will be accomplished by the

operator, who will keep a log of any performed maintenance. The operator is most

familiar with the UAS and best suited to maintain it in an airworthy condition to provide

an equivalent level of safety and will do so prior to each flight. Should a mechanical

issue arises, the UAS can land immediately, and given its small size, it poses minimal risk

to persons or property.

FAA rule which we seek exemption below in bold:
Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or

alteration unless it has been approved for return to service by a person authorized

under § 43.7 of the same chapter.

E&J Photography description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate. E&J Photography will

keep routine and preflight maintenance records, which will be accomplished by the

operator, who will keep a log of any performed maintenance. The operator is most

familiar with the UAS and best suited to maintain it in an airworthy condition to provide

an equivalent level of safety and will do so prior to each flight. Should a mechanical

issue arises, the UAS can land immediately, and given its small size, it poses minimal risk

to persons or property.

FAA rule which we seek exemption below in bold:

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had an inspection

for the issuance of an airworthiness certificate in accordance with part 21 of this

chapter.

E&J Photography description of the exemption we seek below:

This is only applicable to aircraft with an airworthiness certificate. E&J Photography will

keep routine and preflight maintenance records, which will be accomplished by the

operator, who will keep a log of any performed maintenance. The operator is most

familiar with the UAS and best suited to maintain it in an airworthy condition to provide

an equivalent level of safety and will do so prior to each flight. Should a mechanical 

issue arises, the UAS can land immediately, and given its small size, it poses minimal risk

to persons or property.
FAA rule which we seek exemption below in bold:

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the

periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records

of the 100-hour, annual, progressive, and other required or approved inspections, as

appropriate, for each aircraft (including the airframe) and each engine, propeller,

rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor,

and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety directive
number and revision date. If the AD or safety directive involves recurring action,

the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major

alteration to the airframe and currently installed engines, rotors, propellers, and

appliances. 

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work is

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired and the

aircraft is approved for return to service.

E&J Photography description of the exemption we seek below:

The above is only applicable to aircraft with an airworthiness certificate. Prior to each

flight, the UAS will undergo a routine preflight maintenance, which will be carried out by

the pilot in command, who will keep a log of any performed maintenance to be certain

that the UAV is airworthy. The operator is most familiar with the UAS and best suited to

maintain it in an airworthy condition to provide an equivalent level of safety.

Additionally, if a mechanical issue arises, the UA can land immediately, and given its

small size, it poses minimal risk to persons or property.

E&J Photography Conclusion

Public Interest
Given the small size of the UAS involved and the limited environment within which it

will operate, its proposed operation falls squarely within that zone of safety. Also,

because of the size of the UAS and the restricted areas in which the UAS will operate, the

fact that there are no passengers, no fuel, as well as the extensive training and continuing

education (annual) that the operator goes through prior to operations serves as additional

safety, which will benefit the public.

Granting the requested exemptions is in the public interest because of (1) the strong

equivalent level of safety surrounding the proposed operations, and (2) the significant

public benefit, including enhanced safety and reduction in environmental impacts (such

as reduced emissions associated with allowing UAS for photography and inspection

operations). Our willingness and ability to carry out these same standards, which 

have proven tremendous success into the UAS industry can have a safe and meaningful

initiative