Flyin High Photography, Red Bud, IL – Section 333 Exemption Petition

Flyin High Photography

Alan Piel and Jeffrey Herrell, Co-Owners

615 McCarthy Street Red Bud, IL 62278

(618)340-1866

flyinhighphoto@gmail.com

January 5, 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 of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21 subpart H; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) 

(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 

91.409(a) (2); 91.417(a)&(b) 

Dear Sir or Madam: 

This petition is being submitted on our own behalf without legal council or consulting services. 

Flyin High Photography (FHP) writing pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. Part 11, to request that FHP, 

an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation 

Regulations (“FARs”) listed above so that FHP may legally operate small light weight unmanned 

aircraft systems (“UAS”) commercially in airspace regulated by the Federal Aviation

Administration (“FAA”). FHP humbly and respectfully requests exemption of the above noted 

Federal Aviation Regulations so that it (FHP) can legally offer the following services: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, construction, land surveying, land mapping, land acquisition, crop surveying, 

engineering and other related professional activities. 2. Aerial video and/or photography for 

public and/or private use including television, public events, cinematography and 

newsgathering. 3. Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority. 4. Aerial inspection/photography of 

residential/commercial utility infrastructure including but not limited to electrical power lines, 

wind turbines, and cell towers. 
5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 6. The ability to offer training to persons 

individually or belonging to both private and or public organizations that have interests in the 

use and application of UAS for the purpose of the safe operation of UAS to enhance the safety 

of the National Airspace System (NAS) as well as for the protection of the persons and property. 

 As described in more detail below, the requested exemption would authorize the operation of 

small lightweight UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the safe 

operational protocols that will be followed by FHP. Approval of this exemption would thereby 

enhance safety (by reducing emissions, noise, and the potential large scale accidents that single 

engine planes and helicopters could and would cause) and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "...establish requirements for the 

safe operation of such aircraft systems in the national airspace system." Section 333(c) of the 

Reform Act. 

The Name and Address of Petitioner: 

Flyin High Photography

Attention: Alan Piel and Jeffrey Herrell, Co-Owners

615 McCarthy St, Red Bud, IL 62278 

Phone: 618-340-1866 Email: flyinhighphoto@gmail.com 

Regulations from which the exemption is requested: 

14 CFR 45.23 (b) 14 CFR Part 21 subpart H 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 

(b) (2) 14 CFR 91.103 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) (2) 14 CFR 91.417 (a) & (b) 

 Introduction: FHP is based in Red Bud, Illinois. FHP will employ the use of a hobby grade 

UAS known as the DJI Phantom 2, and the prosumer level DJI Phantom 3 with intent to offer 

commercial services upon approval from the FAA. FHP will use these UAS quadcopters 

currently but will also potentially use any other UAS below the 55 lb. limits in the future. FHP

requests permission to offer the following services: 1. Aerial photography and/or video for 

public and/or private use including real estate, architecture, construction, land surveying, land 

mapping, land acquisition, crop surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 
events, cinematography and newsgathering. 3. Aerial inspection/photography of 

residential/commercial structures under contract with the owners or local government 

authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure 

including but not limited to electrical power lines, wind turbines, and cell towers. 5. Aerial 

video/photography or providing live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government has 

requested it by contract or donation. 6. The ability to offer training to persons individually or 

belonging to both private and or public organizations that have interests in the use and 

application of UAS for the purpose of the safe operation of UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and property. FHP

intends to offer services to industries such as real estate professionals, home builders, land 

brokers, land developers, construction companies, communication tower inspection, news, 

television, motion picture companies, farmers, and other industries as will be revealed by the 

natural passing of time and the rapidly maturing UAS technologies following exemption and 

approval by the FAA. 

In support of this petition FHP will provide hyperlink’s to User Manuals for the DJI Phantom 2, 

and DJI Phantom 3 upon request. Flyin High Photography’s Operations do not create significant 

risks or hazards. This exemption request would authorize operation of the below-illustrated 

ultra lightweight UAS(s) in tightly controlled and limited airspace. All instances for hire would 

take place at predetermined areas away from general public, airports, heliports, vehicular 

traffic, and within property boundaries of the hirer with their expressed verbal and or written 

consent. In addition to following the FAA’s Conditions and Limitations, FHP has adopted safety 

protocols and controls to avoid and prevent public hazard, as well as manned aircraft 

hazards/catastrophe by following a self-imposed process detailed later herein. 

The proposed commercial use of UAS(s) as compared to commercial use of manned single 

engine planes, helicopters, and not to mention manned climbing for tower inspections offers a 

significantly safer alternative to the health and welfare of the public. In a Presidential 

Memorandum published February 15, 2015; President Obama said in part, “As compared to 

manned aircraft, UAS may provide lower-cost operation and augment existing capabilities while 

reducing risks to human life. Estimates suggest the positive economic impact to U.S. industry of 

the integration of UAS into the NAS could be substantial and likely will grow for the foreseeable 

future.” The UAS’s: Each of the UAS outlined below includes a GPS mode that allows the UAS 

to hover in place if communication is lost and will subsequently return back to its launched 

position or “Home” position. In addition; when the UAS reaches 25% of usable battery power, 

the PIC will return the UAS to its Home position, if necessary the on board computer will return 

the UAS automatically. 
 

UAS-2: Phantom 2 by DJI 

The hobby grade UAS-2 known as the Phantom 2 by DJI is capable of shooting up to 4K video 

and capture up to 12 megapixel photos utilizing an on-board camera all weighing less than 

three pounds. If needed, FHP will provide the Phantom 2 manual for additional specs. 

 

Weight (Battery & Propellers) 1000g Hover Accuracy (Ready To Fly) Vertical: 0.8m; Horizontal: 

2.5m Max Yaw Angular Velocity 200°/s Max Tilt Angle 35° Max Ascent / Descent Speed 

Ascent: 6m/s; Descent: 2m/s Max Flight Speed 15m/s(Not Recommended) Diagonal Length 

350mm Flight Time 25mins Take-Off Weight ≤1300g Operating Temperature -10°C ~ 50°C 

Supported Battery DJI Smart Battery 

UAS-3: Phantom 3 by DJI 

The prosumer grade UAS-3 known as the Phantom 3 by DJI is equipped with a 4K camera which 

is capable of shooting up to 4K video and capture up to 12 megapixel photos weighing less than 

three pounds. If needed, FHP will provide the Phantom 3 manual for additional specs. 

Weight (Battery & Propellers) 1280g Hover Accuracy (Ready To Fly) Vertical: 0.1m; Horizontal: 

1.5m Max Ascent / Descent Speed Ascent: 5m/s; Descent: 3m/s Max Flight Speed 16m/s(ATTI 

mode, no wind) Diagonal Length 590mm (including propellers) Flight Time 23mins Take-Off 

Weight ≤1300g Operating Temperature 0°C ~ 40°C Supported Battery DJI Smart Battery.

Self-Imposed Safety Protocols and Controls:

Flyin High Photography will fully and voluntarily adhere to the safety guidelines set forth by FAA 

Policy N 8900.227 Section 14 "Operational Requirements for UAS” with the appropriate 

exemptions for flying a small UAS. 

1. No flight will be made with a UA Gross weight exceeding 20 pounds. 

2. Flights will be operated at an altitude of no more than 400’ Above Ground Level (AGL) and 

not more than 200’ above an elevated platform from which filming is planned. 

3. Operations will be restricted to flights over private property with the permission of the 

written and/or oral permission of the property owner. 
4. The owner/operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) no 

more than 72 hours but no less than 48 hours from planned operation and also file NOTAM’s 

where applicable.

5. The PIC and VO will have been trained in operation of UAS and receive up-to date 

information for the particular UAS to be operated. Also, either the PIC or VO will be a licensed 

private pilot.

6. A briefing will be conducted in regard to the planned UAS 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. 

7. The owner/operator will obtain verbal and or written consent of all persons involved with 

the planned operation and ensure that only consenting persons will be allowed within 100 feet 

of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination. With the advanced permission of the FSDO, operations at closer 

range may be approved. 

8. Maximum flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 25% battery power reserve. 

9. The UAS will not be operated within 5 NM of an airport or heliport unless permission from 

local airport operations or FAA ATC has been obtained.

10. Operations will be restricted to daytime only and weather conditions equivalent to VFR. 

11. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO). 

12. The PIC will brief the property owner about the operation and risk before the first flight at 

each new location.

13. No operation will take place without both a fully charged battery and a Preflight Inspection 

by the PIC to establish the UAS is in condition for safe flight. 

14. The PIC and VO will be able to communicate by voice, or radio at all times. 

15. If the UAS loses communications with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined location within a designated location and 

land autonomously. 
16. The UAS will have the capability to abort a flight in case of emergencies with an automated 

“Return Home and Land” function. 

17. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, 

or emergencies such as low battery. 

The protocols as outlined above, are the minimum guidelines FHP will obey. 14 C.F.R. Part 21, 

Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (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 petitioner, 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. In all cases, 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 rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UAS to be operated hereunder is less 

than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. 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 

inability to carry a substantial external load. 14 C.F.R. § 45.23 (b): Marking of the Aircraft. The 

regulation requires: 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. 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, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 
(f). US Department of Transportation February 20, 2015 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.” 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. Pursuant to 14 CFR 61.113 (a) & (b), 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. The proposed UAS operations may achieve an equivalent level of safety 

as achieved by current Regulations because the petitioner’s UAS(s) do not carry any pilots or 

passengers or property. The risk associated with the operation of a UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. 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 for maintenance and use of safety checklists prior 

to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil 

Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a 

U.S. registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, 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. 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 PIC flying 

the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as outlined above; including but not limited to a thorough pre-flight inspection of the 

UAV, reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before initiation of flight. 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. UAS 

and remotely piloted aircraft, by their design 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 approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor passengers 
will be carried in the aircraft 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 UAS that is a helicopter and the exemption 

requests authority to operate at altitudes up to 400’ AGL, or not more than 200’ above an 

elevated platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400’ AGL, the UAS will not be operated more than 200’ above the highest 

point on the structure. It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their previous 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. 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 addition, the low- altitude operations of the UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 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 UAS may not have a barometric altimeter, but instead a GPS altitude read 

out, an U.S. exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the 

altitude of the launch site shown 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 petitioner believes that 

an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

UAS in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed does not produce the type of risks 

that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The 

petitioner believes that an equivalent level of safety can be achieved by limiting flights to 25 
minutes or 25% of battery power — whichever happens first. This restriction would be more 

than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration. The regulation provides in pertinent 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 well under the proposed 20-lb. limit 

and is operated without an onboard pilot. As such, there is no ability or place to carry 

certification and registration documents within or on the UAS to display them as contemplated. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the PIC flying the UAS will have immediate access to them, to the extent 

they are applicable to the UAS. 14 C.F.R. §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 the petitioner. Routine maintenance 

will be accomplished by the owner/operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very limited in size 

and will carry a small payload and operate only in restricted areas for a limited period of time. If 

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

than 400 feet AGL. The PIC 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 

PIC 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. An equivalent level of safety will 

be achieved because maintenance and inspections will be performed in accordance with the 

UAS Manufacturer's User Manual. As outlined above, the PIC will ensure that the UAS is in 

working order by completing the pre-flight inspection of the UAS prior to initiating flight and 

will perform required maintenance needed. Summary: FHP will not operate UAS(s) near 

airports, the locations where FHP will conduct its services will be both limited and 

predetermined, which will allow for a controlled environment to operate safely while greatly 

reducing risk. By allowing FHP to conduct business with a UAS, it will help the Southern Illinois

economy and benefit many other industries including private citizens to market their homes; 

that have not been able to afford to do so prior to UAS technologies. Furthermore, FHP’s UAS’s 

are considerably lighter than the alternative which could be a helicopter or small plane carrying 
explosive flammable fuels. FHP employs the use of UAS’s, which will operate up to 25 minutes 

powered by a battery. Therefore, the UAS’s used by FHP will typically have a flight time of 10-15 

minutes at one time, as most photos and video are easily obtained in this flight time window. 

The likelihood of injury or even death with a small UAS compared to a large manned aircraft is 

greatly reduced. 

Granting Flyin High Photography’s request for exemption comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's 

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

such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the 

Reform Act specific to the use of UAS's as proposed herein. Further, FHP will conduct 

operations in full compliance with the protocols described herein or as otherwise established 

by the FAA. 

Please contact me should any additional information be required to satisfy an approval. 

Sincerely, 

Alan Piel

Jeffrey Herrell