January 11, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 

CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 

91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 

(a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

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, Joshua Dane Napper, 

private pilot, a freelance photographer, photojournalist and operator of 

a Small Unmanned Aircraft System ("sUAS"), hereby applies for an 

exemption from the listed Federal Aviation Regulations ("FARs") to 

allow commercial operation of his Small Unmanned Aircraft Systems. 

Proposed operation would include: 

● Newsgathering/Media 

● Weather Related Events and Phenomena 

● Real Estate 

● Marketing/Advertising 

● Commercial and Film Production 

● Sporting Events 

● Emergency Management Partnering 
● Nature and Landscape Photography and Videography 

● Improve Safety for Current and Future UAS Utilization 

As detailed in this document, the requested exemption would 

permit the operation of sUAS under controlled conditions in 

airspace that is limited, predetermined, controlled access and 

would provide safety enhancements to the safety procedures 

followed by Joshua Dane Napper at each one of his shoots. 

Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation's responsibilities as outlined 

in Section 333 (c) of the Reform Act. 

The name and address of the applicant is: Joshua Dane Napper

PH: 4177666922

Email: j.napper@aviwxchasers.com

Address: 553 N Farm Rd 97 Springfield, MO 65802 

Regulations from which the exemption is requested:

14C.F.R.Part21, 14 C.F.R. 45.23(b), 14C.F.R.61.113(a)&(b), 14C.F.R.

91.7(a), 14 C.F.R. 91.9 (b)(2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 

C.F.R. 91.119, 14 C.F.R. 91.121, 14C.F.R.91.151(a), 14C.F.R.

91.203(a)&(b), 14C.F.R.91.405(a), 14 C.F.R. 407(a)(1), 14C.F.R.

409(a)(2), 14C.F.R.417(a)&(b) 

sUAS's submitted for exemption of the above safety regulations: 

DJI Phantom 3 (Standard, Advance, Professional)

DJI Inspire 1 

Yuneec Q500 4k

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue 

exemptions. This statutory authority includes exempting civil aircraft, 

as the term is defined under §40101 of the Act, including sUAS'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 4470244716 of this title if the Administrator finds the 
exemption in the public interest. 49 U.S.C. §44701(f) 

Section 333(b) of the Reform Act assists the Secretary in determining 

whether sUAS may operate in the National Airspace System (NAS) 

without creating a hazard to the user, the public, or a threat to national 

security. In making this determination, the Secretary must consider: 

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the 

operator

• Whether the UAS operates outside of highly populated areas and 

away from close proximity to airports 

Reform Act §333(a). If the Secretary determines that a UAS "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). 

Joshua Dane Napper’s sUAS's are quadcopters, weighing 10 pounds 

or less including payload. They operate under normal conditions at a 

speed of no more than 50 knots and have the capability to hover, and 

move in the vertical and horizontal plane simultaneously. The sUAS's 

will operate only in the pilot's visual line of sight at all times and 

contained, safe area. 

Considering the small size of the sUAS's involved and the restricted 

and sterile environment which they will operate, his application falls 

within the zone of safety Congress envisioned the FAA, by exemption, 

allow commercial operations of sUAS's to begin immediately. 

In addition to the small size of the sUAS's, the low altitudes and 

restricted areas in which his sUAS's will operate, approval of the 

application presents no national security issue. 

PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' 

goal in passing Section 333(a) through (c) of the Reform Act. This law 

directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the 
Reform Act. By granting an exemption the FAA will fulfill Congress's 

intent of allowing UAS's to operate with significant safety precautions 

in low risk environments. 

The use of sUAS's for newsgathering purposes can provide the 

general public an additional avenue for getting news quickly and 

efficiently. In many breaking news situations, it is imperative to get 

information to the general public without interfering with the situation 

efforts on the ground. UAS's allow media to gather information by 

providing live video with little interference. In many instances, media 

and emergency management work together. UAS's can provide a live 

view through video/photography that can be used to assist with search 

and rescue during emergencies or natural disasters in which a 

helicopter or other conventional aircraft may be a larger safety issue. 

In addition to newsgathering and mediarelated uses, sUAS's allow the 

operator to survey and gather images/video of worksites, real estate 

and situations on the ground from a safe vantage. UAS's can 

significantly reduce risk associated with each worksite given the 

sUAS's size and innate safety features (GPS lock, auto "Go Home," 

failsafe, etc.). 

EQUIVALENT LEVEL OF SAFETY

Joshua Dane Napper proposes that the exemption requested herein 

apply to civil aircraft that have the characteristics and that operate with 

the limitations listed herein. These limitations provide for an equivalent 

or higher level of safety because operations will further enhance the 

safety of the persons and/or property using conventional 

aircraft.These limitations and conditions to which the applicant agrees 

to adhere to when conducting commercial operations under the FAA 

issued exemption as set forth in the Flight Operations Manual (FOM) 

include: 

● The UAS will be less than 55 pounds. 

● Flights will be operated within visual line of sight of a pilot. 

● Maximum total flight time for each operational flight will be 15-

20 minutes. The sUAS 
calculates battery reserve in real time, and will return to its 

ground station with at least 

20% battery power reserve should that occur prior to the 30 

minute limit. 

● Flights will be operated at an altitude of no more than 400 feet 

AGL. 

● The flights will occur no closer than a 5 mile radius of the 

geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled 

airport. 

● All flights will occur under Visual Flight Rules Meteorological 

Conditions (VMC) only. 

● Crew for each operation will consist of the sUAS pilot who will 

keep the sUAS within his/her visual line of sight at all times. As 

well as a camera operator focusing on photo/video composition. 

● The sUAS pilot will be trained in flight, operations, and safety 

procedures via FAA regulations and the owner's manuals. 

● A briefing will be conducted in regard to the planned sUAS 

operations prior to each day's production activities. It will be 

mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this 

briefing. 

● All onsite personnel will consent to the sUAS flyover on site by 

waiver, and the operator will obtain additional verbal or written 

consent of all persons who will be allowed within 100 feet of the 

flight operation. 
● The pilot will have been trained in operation of sUAS generally 

and received uptodate information on the particular sUAS to be 

operated. 

● Written and/or oral permission from the relevant property 

holders will be obtained. 

● All required permissions and permits will be obtained from 

territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other 

appropriate governmental 

agencies. 

● If the sUAS loses communications with the remote controller 

or loses GPS signal, the 

sUAS will have the capability to return to a predetermined 

location within a designated 

location and land autonomously. 

● The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles, 

weather, or emergencies. DESCRIPTION OF SPECIFIC 

REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the 

procedural requirements for the issuance of airworthiness 

certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be 

utilized by the Joshua Dane Napper, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. 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. His small UAS will be operated at low speed in a controlled 

environment, at least five miles from an airport and more than 

three miles from any city or densely populated area. An analysis 

of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under 

the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or helicopter) operating with an 

airworthiness certificate without the restrictions and conditions 

proposed. 

The sUAS's to be operated are less than 10 lbs. fully loaded, 

carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively 

within a secured area as set out in the Manual. Like other civil aircraft, 

operations under this exemption will be tightly controlled and 

monitored by the operator, pursuant to the Manual's requirements, 

and under the requirements and in compliance with local public safety 

requirements. Lastly, application of these same criteria demonstrates 

that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and ability to carry an 

external load no greater than two lbs. 

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated 

aircraft, or lightsport category aircraft to be marked with letters 

between 2 inches and 6 inches high "limited," "restricted," "lightsport," 

"experimental," or "provisional," near each entrance to a cabin, 

cockpit, or pilot station. 

Even though the UAS will have no airworthiness certificate, an 

exemption may be needed as the UAS will have no entrance to the 

cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the UAS, twoinch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance 

with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS 
marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the

UAS will see the identification of the UAS as "Experimental." The FAA 

has issued the following exemptions to this regulation: Exemptions 

Nos. 10700, 8738,10167 and 10167A. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot 

in command(PIC)

Sections 61.113 (a) & (b) limit private pilots to noncommercial 

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 sUAS is remotely controlled with no living 

thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the 

Manual. The level of safety provided exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS as requested with a private pilot as 

the PIC exceeds the present level of safety achieved by 14 C.F.R. 

§61.113 (a) & (b).). 

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft 

unless it is in airworthy condition. As there will be no airworthiness 

certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given 

the size of the aircraft and the requirements contained in the Manual 

for maintenance and use of safety checklists prior to each flight, as set 

forth in Section B and Section G, an 

equivalent level of safety will be provided. 

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements

The UAS, given its size and configuration has no ability or place to 
carry such a flight manual on the aircraft, not only because there is no 

pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point 

where the pilot flying the UAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption 

Nos. 8607, 8737, 8738,9299,9299A, 9565,9565B, 10167,10167A, 

10602,32827, and 10700. 

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions 

before flight to ensure the safety of flight. An exemption is needed 

from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, propeller inspection, 

checking flight battery requirements, checking takeoff and landing 

distances, and all other actions in the preflight checklist. These actions 

will provide an equivalent level of safety. 

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides 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. 

By design, UAS and remotely piloted aircraft do not have fully 

functional dual controls. Flight control is accomplished through the use 

of a control box that communicates with the aircraft via radio 

communications. The FAA has previously approved exemptions for 

aircraft without fully functional dual controls. See Exemption Nos.

5778K & 9862A. The equivalent level of safety provided by the fact 

that neither a pilot nor passengers will be carried in the aircraft, the 

ability to control the UAS via radio signals from the controller, and by 

the size and speed of the aircraft. 

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. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, an 
exemption may be needed to allow such operations. As set forth 

herein, except for the limited conditions stated in the Manual, the UAS 

will never operate at higher than 400 AGL. It will however be operated 

in a restricted area with security perimeter, where buildings and 

people will not be exposed to operations without their preobtained 

consent. 

The equivalent level of safety will be achieved given the size, weight, 

and speed of the UAS as well as the location where it is operated. No 

flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations as set forth in 

the Manual. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and 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 the movie industry. In addition, the 

lowaltitude operations of the sUAS will ensure separation between 

these smallUAS operations and the operations of conventional aircraft 

that must comply with Section 91.119. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738,9299,9299A, 9565,9565B, 10167,10167A, 10602,32827, and 

10700. 

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 sUAS 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 Manual and Preflight Checklist, confirming the altitude 

readout of the sUAS is set to 0ft (QFE operations) on the GPS altitude 

indicator before flight. 

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.” The battery powering the sUAS 

provides approximately 40 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on 

the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight 

in daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions (11857, 11825, 11204). 

Operating the small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce 

the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved 

by limiting flights to 30 minutes or 25% of battery power whichever 

happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere in its limited 

operating area. 

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and 

registration

The regulation provides in part:

(a) Except as provided in § 91.715, no person may operate a civil 

aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. ...

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section 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. 

The UAS fully loaded weighs no more than 10 lbs and is operated 

without an onboard pilot. Therefore there is no ability or place to carry 
certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these 

documents at the ground flight control point where the pilot flying the 

UAS will have immediate access to them, to the extent they are 

applicable to the UAS. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700. 

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 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...," and 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 sUAS's. 

Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook as referenced in the Manual. An 

equivalent level of safety will be achieved because these small UASs 

are very limited in size and will carry a small payload and operate only 

in restricted areas for limited periods of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. As provided in the Manual, the operator will 

ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. 

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. 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that 

publication is needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, 
subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 

91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.15l(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (55bs or less) in videography and photography in 

news, media and marketing. 

Allowing commercial operations of UAS in aerial photography and 

videography enhance safety while reducing risk. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a sterile 

environment, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the 

ground and people. 

The Operations described in this exemption request will be conducted 

wholly within the United States 

As directed in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, the grant of the requested 

exemptions is in the public interest. Accordingly, Joshua Dane Napper 

respectfully requests that the FAA grant the requested exemption 

without delay. 

Sincerely, 

Joshua Dane Napper AviWxChasers.Com 417-766-6922 

j.napper@aviwxchasers.com