January	3,	2016

Name	and	Address	of	Petitioner:

David	Weldon	Hillmyer

1820	Meadowood	St.

Sarasota,	FL	34231

941-284-5901

dhillmyer@mac.com

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,	David	W	Hillmyer, the	Petitioner,	request	

exemption	from	the	following	Federal	Aviation Regulations	in	order	to	legally	

operate	an	Unmanned	Aircraft	System	(UAS)	in	the	National Airspace System.

Regulations	from	which	the	exemption	is	requested:

14CFR	21	H

14	CFR	45.23	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b)(2)

14	CFR	91.103	(b)

14	CFR	91.109

14	CFR	91.119

14	CFR	91.121

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)

14	CFR	91.405	(a)

14 CFR	91.407	(a)	(1)

14	CFR	91.409	(a)	&	(b)

14	CFR	91.417	(a)	&	(b)

Reason	and	extent	of	relief	requested:

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

CFR	Part	11,	David	W	Hillmyer,	the	petitioner and	operator	of	Unmanned	Aircraft	

Systems(UAS),	requests	relief	from	the	listed	regulations	in	order	to	operate	an	UAS	

for	the	following	professional/commercial	purposes:

1. Aerial	photography	and	videography	of	real	estate	for	marketing	purposes.

2. Aerial	photography	and	videography	of	private	events,	such	as	weddings,	and	

other	private	social	events.

3. Aerial	photography	and	videography	of	marine	sporting	events,	such	as	

sailing	and	rowing	regattas.

4. Other	profession	activities	related	to	aerial	photography	and videography.
Reasons	why	granting	this	request	would	be	in	the	public	interest:

The	Petitioner	believes	the	use	of	the	UAS's	is	more	economical	and	safer	to	use	for	

the	aforementioned	purposes.	Use	of	the	UAS	rather	than	a	manned	aircraft	is	more	

economical	to	the	consumer,	and beneficial	to	the	general	public	due	to	its	small	

size,	low	noise, and	minimal	potential	for	accident.

Reasons	why	granting	the	exemption	would	not	adversely	affect	safety:

Given	the	small	size	of	UAS’s	and	the	controlled	environment	they	are	operated	in,	

safety	is	enhanced	when	compared	to	manned	aircraft	operations	for	similar	

purposes.	UAS’s	carry	no	combustible	fuel	or	human	life	onboard,	thus	greatly	

reducing	the	chance	of	significant	property	damage	or	potential	for	loss	of	life	in	the	

event	of	an	unsuccessful	flight.	For	these	reasons,	granting	this	exemption	request	

would	not	adversely	affect	safety. Additionally,	the	requestor	is	an	active	

commercial	airline	pilot,	holding	an	Airline	Transport	Pilot	Certificate.	The

requestor	is	very	familiar	with	safety	protocols	and	practices	involved	in	the	safe	

operation	of	aircraft.

Summary:	(specific	exemptions from	14	CFR and	reason	for	relief	requested):

21	H	(Airworthiness	Certificates)

Given	the	size,	weight,	and	limited operating	area	associated	with	UAS	operations,	I	

feel	and	from	this	requirement	exemption	is	warranted	and	would	not	comprise	

safety.

45.23	(aircraft	markings)

Given	the	small	size	of	the	UAS,	the	markings	described	in	this	rule	cannot	

reasonably	be	affixed	to	the	UAS.	The	UAS	will	have	affixed	to,	in	a	prominent	

location,	the	UAS	Registration	Number,	as	required.	

91.7(a)	(airworthiness)

Because	an	airworthiness	certificate	is	not	applicable	to	UAS	operations,	this	

regulation	does	not	apply.	

91.9(b,	2) (flight	manual	requirements)

Relief	from	this	requested	due	to	the	fact	that	flight	manuals	cannot	be	carried	

onboard	the	UAS.	In	lieu	of	this	regulation,	the	operator	will	have	available	the	

ground	based	control	station,	all	applicable	flight	manuals.

91.103(b)	(preflight	action)

Relief	is	requested	from	this	regulation	because	the	UAS:
Will	not	be	operated	from	or	require	the	use	of	runways,	takes	off	and	lands	

vertically,	and	will	not	carry	onboard	a	flight	manual.	

91.109	(flight	instruction)

This regulation	provides	that	"No	person	may	operate	a	civil	aircraft	that	is	being	

used	for	flight	instruction	unless	that	aircraft	has	fully	functioning	dual	controls."

Reason	for	Exception	is	UAS's	are	remotely	piloted	aircraft,	by	their	design	so	not	

have	fully	functional	dual	controls.	The	FAA	has	approved	exemptions	for	flight	

training	without	fully	functional	dual controls	for	a	number	of	aircraft	and	for	flight	

instruction	in	experimental	aircraft.	See	exemption	Nos.5778K	&	9862A.	The	

equivalent	level	of	safety	is	provided	by	the	fact	that	neither	a	pilot	nor	passenger

will	be	carried	in	the	aircraft	and	by	the	small	size	and	low	flight	speed	of	the	

aircraft.

91.119	(minimum	safe	altitudes)

The	regulation	provides	that	over	sparsely	populated	areas	the	aircraft	cannot	be	

operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	Since	the	

aircraft	will	be	operating	at	a	maximum	of 400	feet	AGL,	this	requirement	can	not	

apply.	The	reason	for	exemption request	is	the	use	of	UAS	will	be	flown	no	higher	

than	400	feet	AGL	in	line	of	sight	over	developed	and	developing	residential	areas	

that	may	be	considered	congested	areas.	That	will	not	always	be	the	case	when

providing	a	'Property	Survey'	flight	because	they	could	be	conducted	over	empty	

lots	or	acreages	with no	structures.	In	the	case	of	flying	over	or	near	existing	private	

property	while	providing	aerial	imagery, property	inspections,	and	property	

assessments,	landowners	will	be	notified by	the	UAS	operator.

91.121	(altimeter	setting)

This	section	requires	that	each	person	operating	an	aircraft	shall	maintain	the	

cruising	altitude	or	flight	level	of	that	aircraft,	as	the	case	may	be,	by	reference	to	an	

altimeter	that	is	set,	when	operating	below18,000	feet	MSL.

Reason	for	Exception is	that	UAS	do	not have	a	barometric	altimeter.	It does	have	a	

GPS	that	will	calculate	altitude.	The Petitioner	will	limit	flights	to	a	maximum	

altitude	of	400	feet	AGL	as	granted	in	Exemption	No.	11623,11664,	and	11734.

91.151(a)	(fuel	requirements)

Fuel	requirements	for	flight	in	VFR	conditions:	(a)	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.	Reason	for	Exception:	The	UAS	provides	a	low	battery	warning	to	indicate	

when	you	should	return	the	UAS	to	the	launch	point. In	addition,	a	"low"	and

"critical"	battery	level	warnings	and	implemented	a	"return	to	Home"	(or	"Go
land")	action	in	these	situations.	The	Petitioner	will	not	initiate	a	flight	unless	

(considering	wind	and	forecast	weather	conditions)	there	is	enough	power	to	fly	at	

normal	cruising	speed	to	the	intended landing	point	and	all	flights	will	be	conducted	

during	daylight	hours.	

91.203	(a)	&	(b):	(Carrying	Civil	Aircraft	Certification	and	Registration)

This	regulation	provides	as	follows: No	person	may	operate	a	civil aircraft	unless	it	

has	an	appropriate	and	current airworthiness	certificate. Reason	for	exception	to	

this	requirement	is	that	UAS	do	not	require	an	Air	Worthiness	Certificate.

91.405(a)	(maintenance	requirements)

Each	owner	or	operator	of	an	aircraft- (a)	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. Reason	for	Exception:		The	Petitioner	will	

inspect	the	aircraft	prior	to	every	flight.	The	Petitioner	also	will	follow	the

Manufacturers’	recommended	preflight	checklist	and	make	any	repair	necessary	

before	flights	occur. The	Petitioner	will	also	maintain	a	recorded	log	of	maintenance	

repairs	performed.	

91.407	{a)	{1):	(maintenance)

Operation	after	maintenance,	preventative	maintenance,	rebuilding	or	alteration:	

(a)	No	person	may	operate	any	aircraft	that	has	under	gone	maintenance,	

preventative	maintenance,	rebuilding,	or alteration	unless	(1)	it	has	been	approved	

for	return	to	service	by	a	person	authorized	under	43.7	of	this chapter.

Reason	for	Exception:	The	petitioner	will	adhere	to	the manufactures	suggested	

replacement	parts.

91.409	(a)(l	and	2):	(inspections)

Inspections:	(a)	Except	as	provided	in	paragraph	(c)	of	this	section,	no person	may	

operate	an	aircraft	unless,	within	the	preceding	12	calendar	months,	it	has	had	(1)	

an	annual	inspection	in	accordance	with part	43	of	this	chapter	and	has	been	

approved	for	return	to	service	by	a	person	authorized	by	43.7	of this	chapter;	or	(2)	

An	inspection	for	the	issuance	of	an	airworthiness	certificate	in	accordance	with	

part 21	of	this	chapter.	No	inspection	performed	under	paragraph	(b)	of	this	section	

may	be	substituted	for any	inspection	required	by	this	paragraph	unless	it	is	

performed	by	a	person	authorized	to	perform annual	inspections	and	is	entered	as	

an	"annual"	inspection	in	the	required	maintenance	records. Reason	for	Exception	

The	Petitioner	will	follow	manufacturer's	guidelines to	ensure	that	the	UAS	is	in	a	

condition	for	safe flight	at	all	times.
91.417	(a)	&	(b):	(maintenance	records)

Except	for	work	performed	in	accordance	with	91.411	and	91.413	each	registered	

owner	or	operator	shall	keep	the	following	records	(l)(i)	(ii)(iii)	

(2)(i)(ii)(iii)(iv)(v)(vi)	for	the	periods	specified	in	paragraph	(b) of	this	section:	(	1)	

(2)	(3).	Reason	for	Exception:	The	Petitioner	will	keep	a	record	of	all	repairs	and	

modifications.	The	Petitioner	will	use only	the	manufacturers’ approved	parts	for	all	

repairs	and	modifications.

Conclusion:

The	petitioner,	David	W	Hillmyer,	feels	that	granting	these	requests	and	exceptions	

will	be	in	the	best	interests	of	all	concerned.	The	use	of		UAS	greatly	reduces	the	

potential	for	catastrophic	damage	and	injury	that	may	result	from	the	using	

conventional	manned	aircraft	for	the	purposes	listed	in	this	request.	

Best	Regards,

David	W.	Hillmyer