Douglas Swarts

805 Aerial, LLC

660 Woodland Dr.

Los Osos, CA 93402
Oct 10, 2015

U.S. Department of Transportation, Docket Operations

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 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 

91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 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,

I, Douglas Swarts, am writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that I, Douglas 

Swarts, 805 Aerial, LLC, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations (“FARs”) listed below so that 805 

Aerial, LLC, may operate small unmanned aircraft system (“sUAS”) commercially in 

airspace regulated by the Federal Aviation Administration (“FAA”). 

As described herein 805 Aerial, LLC, is a photographer and videographer; experienced 

in flying hobby remote controlled vehicles and aircraft for recreational purposes since 

2007. This exemption is for the anticipated use of the following sUAS vehicle: DJI 

Phantom 2 equipped with a self-contained camera with intent for aerial photography and 

videography; following exemption and approval by the FAA.

805 Aerial, LLC’s exemption request would permit operation of light weight, unmanned 

(piloted by remote control) and comparatively inexpensive sUAS(s) in tightly controlled 

and limited airspace, in predetermined in areas away from large public gatherings, 

airports and heliports for community videos, photos and video of new and remodeled 

commercial buildings/projects, individual homeowner aerial photography/videography, 

photography and video of land developments for builders, and nature photos and videos 

in completely unpopulated areas and other community related events upon request.

805 Aerial, LLC has personally instilled safety protocols and controls to avoid and 

prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to 

further safety protocols exclusive to lightweight sUAS's specific to photography & 

videography usage as 805 Aerial, LLC records flight data and other information gained 

through permitted flight operations to share with the FAA through any required FAA 

reports to assist with future protocol and safety regulation.
Granting 805 Aerial, LLC’s request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate sUASs into the 

national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [sUASs] in the national airspace system” under Section 333(c) of the 

Reform Act specific to the use of sUASs for photography & videography purposes. 

Further 805 Aerial, LLC, will conduct all operations in compliance with the protocols 

described herein or as otherwise established by the FAA.

Respectfully, for the reasons stated below 805 Aerial, LLC, requests an exemption 

allowing operations of light weight, remote controlled sUASs for the purposes of 

acquiring aerial photos & videos, both of which will promote local and statewide 

economic growth through increased employment and increased tax base. Both 

purposes will also keep public safety in mind by reducing heavier, fuel and resource 

intensive manned aircraft operations which contain combustible fuel thus posing a 

potential public hazard.

Supplemental Files:

Appendix A

 DJI Phantom 2 User Manual (latest version1.2)

http://download.dji-innovations.com/downloads/phantom_2/en/

PHANTOM2_User_Manual_v1.4_en.pdf

Appendix B - Personal Protocols and Controls

Contact Information:

Douglas Swarts, 

660 Woodland Dr.

Los Osos, CA

Mobile: (805) 242-8186

Email: doug@805aerial.com

The Specific Sections of Title 14 of the Code of Federal Regulations From Which 

805 Aerial, LLC 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).
The Extent of relief 805 Aerial, LLC seeks and the Reason He Seeks Such Relief

I, Douglas Swarts, 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, Douglas Swarts, 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.

Each sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 

and therefore the integration of my sUAS is expressly contemplated by the Reform Act. 

I would like to operate my sUAS 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 related sUAS aerial photography & videography.

The Reform Act guides the Secretary in determining the types of sUASs that may 

operate safely in our national airspace system. Considerations include: The weight, 

size, speed and overall capabilities of the sUASs; whether the sUAS will be operated 

near airports or heavily populated areas; and, whether the sUAS will be operated by line 

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

805 Aerial, LLC. Each sUAS utilizes four (4) counter-rotating propellers for balance, 

control and stability, and is equipped with GPS and auto return safety technology. Each 

weighs less than five (25) pounds (far below the maximum 55 pound limit); including 

camera with gimbal.

I, Douglas Swarts, consider safety as upmost importance with every flight. My small 

unmanned aircraft is designed to hover in place via GPS. Built in safety systems 

include a GPS mode that allows the sUAS to hover in place when radio controls are 

released. With three separate flight modes to choose from, I utilize the GPS Mode for 

aerial photography and videography. This is the safest, most reliable and stable mode 

to prevent accidents and hazards. When pilot communication is lost, the sUAS is 

designed to return to a pre-designated home point and slowly descend to landing.

805 Aerial, LLC will not operate any sUAS near airports, Hospitals nor Police heliports, 

and will not operate near areas where general public is within thirty to one hundred 

(30-100) yards depending on location, conditions and weather. I am constantly on alert 

for any manned aircraft (Police/Medical helicopters, etc.) and prepared to abort/land 

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 sUAS is 

capable of vertical and horizontal operations, and are flown only within my line of sight 

of me, as the remote control pilot. Utilizing lithium battery power rather than 

combustible fuels, flights generally last between fifteen (15) to twenty (20) minutes, with 

an altitude under four hundred (400) feet. I will utilize a fresh, fully charged battery with 
each flight as a safety precaution; full flight time limit for each battery is twenty-five (25) 

to thirty (30) minutes as tested.

Under no circumstances will 805 Aerial, LLC will not operate any sUAS at or below the 

manufacturer recommend minimum charge levels for operation; remaining well within a 

safe operating range to insure adequate communication between radio control and 

sUAS to eliminate potential for crash, loss of control or hazards. Reserve batteries are 

at hand with each exercise to insure replacement for sufficient safe level of operation. I 

do not believe in taking any risk that may cause a crash, which could create hazards to 

the public / property / manned aircraft, nor have any desire to lose my investment. I 

have completed a plethora of practice flights in remote areas as a hobbyist simulating 

flights for future commercial use to gain familiarization with the characteristics of this 

specific sUAS’s performance under different temperature and weather conditions. 

Safety is the first priority, always. 

805 Aerial, LLC, is extremely cautious when operating of any sUAS 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 each sUAS, it falls well within 

Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate sUASs into the national airspace system. 805 

Aerial, LLC’s sUAS, used in hobby flight, has a demonstrable safety record and does 

not pose any threat to the general public or national security.

How Douglas Swarts’ Request Will Benefit the Public As A Whole: 

Traditionally, aerial photography has been reserved for those who can afford the service 

performed from a fixed wing aircraft and/or helicopters. Only large firms, well funded 

projects, or wealthy individuals could afford the investment. The biggest threat to the 

public is from manned aircraft the potential threat of a catastrophic crash. My sUAS 

poses 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 sUASs into the national airspace system, hence the passing of the 

Reform Act. Granting 805 Aerial, LLC’s exemption request furthers the public interest 

through academic/visual awareness of the photography and videography fields. All 

sUASs are battery powered and create no emissions that can harm the environment. 

The consequence of any sUAS 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. Once my sUAS’s batteries reach the end of their life I will take 

recycle them properly at a battery center.

The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial photography and videography captured through battery operated sUASs. 

Permitting me, Douglas Swarts, to immediately fly within national air space furthers 
economic growth and further educating spectators about proper UAV use. Granting my 

exemption request substantially furthers the economic impact for companies looking to 

use aerial photography and videography, both of which serve as a stimulus to the 

community and advancements in efficiency. 

Reasons Why 805 Aerial, LLC’s Exemption Will Not Adversely Affect Safety, Or 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule:

805 Aerial, LLC’s, exemption will not adversely affect safety. For the reasons stated will 

permit 805 Aerial, LLC to log more flight time in FAA controlled airspace, with 

communication with the FAA, and will allow contributions to the innovation and 

implementation of new and novel, as of yet undiscovered safety protocols for 

photographers and videographers for development in cooperation with the FAA.

In addition, 805 Aerial, LLC submits the following representations of enhancements to 

current aerial photography/videography. All sUAS models anticipated for use weigh 

less than 25 pounds complete with a small, ultra-lightweight high quality camera; all 

sUAS models will be operated below 400 feet (within the 400 foot permissible ceiling set 

by the FAA Modernization and Reform Act of 2012); each sUAS only operates for fifteen 

(15) to twenty (20) minutes per flight; each sUAS will be landed prior to manufacturer 

recommended minimum level of battery power; each sUAS will be piloted through 

remote control only by visual line of sight; each sUAS has GPS, a flight safety feature 

whereby it hovers, returns to a designated home position and then slowly lands if 

communication with the remote control pilot is lost. I pro-actively analyze flight data and 

other sources of information to constantly update and enhance safety protocols; I only 

operate in reasonably safe environment away from airports and areas with large groups 

of people; I conduct extensive pre-flight inspections and protocol, during which safety 

carries primary importance; I always obtain all necessary permissions prior to operation; 

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

potential danger.

805 Aerial, LLC’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 sUAS into 

our national airspace system, helicopters are the primary means of aerial photography 

and videography. While the safety record of such helicopters is remarkably astounding, 

there has been incidents involving loss of life as well as extensive property damage; it is 

far safer to operate a battery powered sUAS.

First, the potential loss of life is diminished because sUASs carry no people on board 

and I only operate my sUAS in specific areas away from mass populations. Second, 

there is no fuel on board any sUAS and thus the potential for fire or explosions is greatly 

diminished. Third, the small size and extreme maneuverability of each sUAS 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 sUAS need 

not be so close to the objects they are focused on through the technology and the use 

of post editing software allowing panning, tilting and zooming.

Accordingly, each sUAS has been experimentally operated for familiarization and 

competency and will continue to operate at and above current safety levels.

A Summary: The FAA May Publish in the Federal Register:

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 all 805 Aerial, LLC’s sUAS permits 

exemption from Part 21 because all sUAS 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 sUASs from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. My current and projected sUASs 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 on board pilots or passengers, and given the 

size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a safety/flight manual delineating areas 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 all anticipated 

sUASs 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 805 Aerial, LLC. 

14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation 

require aircraft to be marked according to certain specifications. All sUASs 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 the sUASs 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. 805 Aerial, 

LLC, can achieve an equivalent level of safety as achieved by current Regulations 

because all sUASs 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 sUAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. Thus, allowing 805 Aerial, LLC to operate all sUASs 

referenced will 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. All sUASs will never operate at an altitude greater than 400 AGL. 

805 Aerial, LLC will operate all sUASs 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 all sUASs, 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 sUASs. However, as a safety precaution I thoroughly inspect my 

sUAS before and after each flight.

The FAA May Publish in the Federal Register: 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 sUAS permits exemption from 

Part 21 because 805 Aerial, LLC’s sUASs meet 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 

sUASs from the airworthiness certificate requirement in consideration of the weight, 

size, speed, maneuverability and proximity to areas such as airports and dense 

populations. All sUASs meet or exceed 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 

sUASs, 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, 805 Aerial, LLC 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); and, 14 C.F.R. 

§§ 91.417 (a) & (b) to commercially operate my small unmanned vehicle/lightweight 

unmanned aircraft vehicle in community awareness and aerial photography and 

videography operations. Currently, area awareness and aerial photography and 

videography relies primarily on the use of larger aircraft running on combustible fuel, 

posing potential risk to the public. Granting my request for exemption will reduce 

current risk levels and thereby enhance safety. My sUAS craft do not contain potentially 

explosive fuel, are smaller, lighter and more maneuverable than conventional aircraft, 

and will not require flight transit time to/from operation locations. Further, I operate at 

lower altitudes and in controlled airspace eliminating potential public risk flying to and 

from established air fields. I, Douglas Swarts, have been informally analyzing flight 

information and will compile safety protocols and the implementation of a flight 

operations manual 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 any sUAS and therefore the likelihood of 

death or serious bodily injury is significantly diminished. 

805 Aerial, LLC’s operation of all sUASs, weighing less than 55 pounds and traveling at 

lower speeds within limited areas will provide an equivalent level of safety as that 

achieved under current FARs. Accordingly I, Douglas Swarts, 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.
Sincerely,

Douglas Swarts, Photographer / Videographer 

660 Woodland Dr. 

Los Osos, CA 93402