October 20, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

West Building, Ground Floor, Room W12-140

Washington, DC 20590

RE: EXEMPTION REQUEST SECTION 333 OF THE FAA REFORM ACT

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, Thought Factory LLC, a software and marketing business, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small 

Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the FAA so long as such 

operations are conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333.

The requested exemption would permit Thought Factory LLC to pursue its commercial interests in 

providing aerial data capture to clients using a small advanced sUAV in the following areas:

 General Photography

 Real Estate

 Marketing

 Surveying

 Special Events

 Agriculture

 Inspection

Regulations from which exemption is requested:

 14 C.F.R. Part 21

 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. 91.109

 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) & (b)

 14 C.F.R. 91.205(b)

 14 C.F.R. 91.215

 14 C.F.R. 91.401 – 91.417
I, Robert Fizer, am a sUAV hobbyist. I have been flying sUAVs for over a year. My most recent 

experience is with a DJI Phantom 3 Professional. I have been flying as a hobbyist and now ready to bring 

my skills to a professional level. In doing so, I consider all safety precautions and regulations as foremost 

with each flight. 

My request to operate commercially is primarily to record digital video data and other aerial 

photography data for privately owned business which will assist in the promotion and marketing of their 

own companies or products for sale. For a small budget companies and average homeowners, the 

expense of such aerial videography is cost prohibitive. 

Daniel Wilder (business partners) will act as Thought Factory LLCs Pilot in Charge (PIC). I will be the 

observer. Dan Wilder is also an sUAV hobbyist with a Private Pilots license. He is intimately familiar with 

FAA flight rules and regulations, communication protocol with Air Traffic Control, emergency flight 

procedure’s, and of course weather along a given route which met the minimum established FAA 

regulations for safety to flight. 

To make sure the operation will be safely conducted, the PIC and observer will survey the flight area for 

any mobile phone base stations, radio transmission towers, power lines, or any other electromagnetic 

interference that could disrupt flight. The PIC and observer will scan the area for any large buildings or 

trees that may affect with GPS accuracy or flight. Both PIC and Observer will verify the weather is safe 

for flight to avoid wind speed exceeding 10 m/s, snowfall, rainfall, and restricted environmental 

visibility. Additionally, the PIC and Observer will go through the PREFILGHT CHECKLIST/maintenance and 

FLIGHT TEST PROCEEDURES in a secure area safe from persons and property. 

The DJI Phantom 3 Professional is equipped with a built-in stabilized HD camera and GPS safety features. 

These safety features include the ability to restrict the maximum altitude they operate above ground 

level (AGL), to limit the radial distance from the operator and to exclude them from operations within 

designated Class B, C and D airspace including “no-fly zones”. This model has a failsafe function that is 

automatically engaged in the event communication is lost between the sUAS and the main controller 

transmitter. At that time, the sUAS will return to its point of takeoff and land safely. If the connection is 

restored, the PIC can regain control of flight and land manually. 

These specifications meet or exceed the Model Aircraft Operating Standards as set below:

- The petitioner will only operate its sUAS in line-of-sight of a PIC and/or Observer and will 

operate at sites that are “sufficient distance” from populated areas within the sterile area 

described in the FOPM. Such operations will ensure the sUAS will “not create a hazard to 

users of the national airspace system or the public.”

- When flying the sUAS within three (3) miles of an airport, airport operators will be notified 

and the operator will give the right-of-way to avoid flying in the proximity of full-scale 

aircraft. 

- Maximum flight time for each operation will be 30 minutes.

- Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight 

time to safely land the sUAS. 

- The sUAS will be pre-programmed so it will not be operated at an altitude that will exceed 

200 feet AGL, and not more than 100 feet above an elevated platform from which 

videography is planned. 

- Minimum crew for each operation shall consist of: sUAS PIC and a visual Observer.
- The sUAS operated by the Petitioner weighs less than 25 pounds, including all payload. 

- The sUAS will operate at speeds not to exceed 50 knots, can hover and can simultaneously 

move vertically and horizontally. 

- Given the small size of the sUAS and the restricted sterile environment within which it will 

operate, Helena Real Estate solutions, INC operations adhere to the reform Act’s safety 

requirements. 

We respectfully request exemption under Section 333 to enable Thought Factory LLC to operate 

efficient, limited, low-risk commercial sUAS operations for the activities stated respecting at all times 

the space and privacy of citizens and property while keeping airspace safe. 

Thank you,

Robert Fizer

Thought Factory LLC

PO Box 291580

Port Orange, FL 32127

386.852.7900