Matthew Mirabile

Valerie Moss, Inc.

100 Parkway Boulevard

Stafford, VA 22554

(540) 220-2065

matthew.mirabile@gmail.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part

21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121,

91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b)of Title 

14, Code of Federal Regulations (14 CFR).

Outlined below are the descriptions of the parts, subparts and sections in which I

request exemptions and my reason for requesting the exemptions.

Part 21 prescribes the procedural requirements for issuing and changing design

approvals, productions approvals, airworthiness certificates, and airworthiness

approvals.

Section 45.23(b) prescribes that 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.

Section 61.113(a) and (b) prescribes that—

(a) 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; nor may that

person, for compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft

in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an

airworthy condition.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no

person may operate an aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b)

or (c) of this section, provided each person operating the helicopter complies with any

routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than

the minimums prescribed in paragraph (c) of this section.

Section 91.121 requires, in pertinent part, 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.”

Section 91.151(a) prescribes that 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 [emphasis added].

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an

effective U.S. registration certificate issued to its owner or, for operation within the

United States, the second copy of the Aircraft registration Application as provided for

in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil

aircraft unless the airworthiness certificate 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.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall

have that aircraft inspected as prescribed in subpart E of the same part and shall,

between required inspections, except as provided in paragraph (c) of the same section,

have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft

that has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless it has been approved for return to service by a person authorized under § 43.7

of the same chapter.

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an

aircraft unless, within the preceding 12 calendar months, it has had an inspection for

the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of

the 100-hour, annual, progressive, and other required or approved inspections, as
appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor,

and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work

performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return

to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and

appliance. (iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives

including, for each, the method of compliance, the AD or safety directive number and

revision date. If the AD or safety directive involves recurring action, the time and date

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration

to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is

approved for return to service.

Valerie Moss, Inc.’s exemption requests from the above are detailed

below:
Unmanned Aircraft System:

Valerie Moss, Inc. plans to operate a UAS, the PHANTOM 3 Standard,

which is comprised of an unmanned aircraft (UA or PHANTOM). The PHANTOM 3

Standard is a quad-copter with a gross weight of about 3 pounds. It is equipped

with four rotors that are driven by electric motors which is powered by batteries. The

UA has a maximum airspeed of 30 mph.

Valerie Moss, Inc. plans to use this UAS in aerial cinematography and

photography on non profit promotion materials, stock photography, enhancing real estate listings 

and other such tasks for businesses in the greater Stafford, VA area which could benefit from an 

aerial view for their planning of future expansions and/or advertising of their products or 

business. For most businesses and realtors in the area, standard aerial photography has been very 

cost prohibitive. The economic impact of being able to assist your business using aerial 

photography would be substantial.

The use of this UAS in the above named applications greatly reduces risk to the public

and property as there is no fuel carried by the PHANTOM 3 Standard, aircraft noise

is greatly reduced as opposed to a standard aircraft or rotorcraft both of which require

numerous passes or extended lengths of hover time to accomplish the same task as

the Phantom can in only a few minutes. The Phantom only weighs about 3 pounds and

is by far a much smaller hazard to persons or property than a standard aircraft or

helicopter in the event of a catastrophic in-flight failure.

There is no higher priority for Valerie Moss, Inc. other than the safety of the

public and property.

Valerie Moss, Inc. makes the following representations of its operation in

which to abide by to ensure these exemptions if granted, will provide a level of safety

at least equal to existing rules:

The PHANTOM 3 Standard will only be operated by, a pilot with completed at a

minimum, 25 hours of documented flight time using the PHANTOM 3 Standard with

focus being:

. a) Collision avoidance

. b) Loss of C2 link procedures as outlined in the Operators manual for the

Phantom 3 Standard

. c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing

weather etc.

. d) Estimating distance from objects, persons, vehicles and vessels.

. e) Communication with the spotter(s)

. f) Completed the DJI Phantom 3 Standard pilot training guide

. g) The ability to recognize persons or objects that are not part of the intended

and permitted part of the project that enter the 500 foot operational area unless

such persons or objects are deemed permitted by the owner or controller of the
property or area and the PIC makes a safety assessment of the risk of operating

closer and it does not pose undue or significant risk.

. h) The ability to quickly and safely land the Phantom 3 Standard in the event

of intrusion into the safe zone.

1.) A complete pre-flight systematic check by the PIC of the Phantom’s physical

condition,i.e. props, prop guards, landing gear, position indicator lights, battery

capacity and overall airframe condition. If any of the above are not within the

manufacturers minimum standards no flight will take place until such time as the

issue(s) is repaired to manufacturers standards. *Although prop guards are not

required on the Phantom 3 Standard, Valerie Moss, Inc. will not

operate without them.

2.) Written documentation of each physical inspection and repairs if any, by the PIC

(pilot in command) will be kept with the Phantom and will be on-site and

available for review.

3.) Software in relation to the Phantom’s operation will be checked for proper

function. The most current DJI Pilot APP and the current firmware will be

installed to assure the most up to date safety features.

4.) Prior to every flight, the compass on the Phantom 3 Standard will be

calibrated as to ensure precision location.

5.) Valerie Moss, Inc. will ensure the altimeter setting on the Phantom 3

Standard is that of AGL (above ground level) rather than GPS or barometric

pressure derived settings.

6.) Every safety feature offered through the DJI Pilot APP will been abled for every

flight, every time.

Please refer to the attached Phantom 3 Standard User Manual (EN) v1.2 PDF

file starting at page 39 for a description of the following safety features:

- Enable GPS Home Point

- Compass calibration

- Low battery auto go home

- Dynamic home point

- Current RTH (return to home) altitude (AGL)

- Low battery alarm

7.) Use of the DJI Pilot App GUI (graphical user interface)

Refer to attached DJI Phantom 3 Standard User Manual (EN) v1.2 PDF for

detailed descriptions starting at page 34.

Of particular interest are the following:

- Flight attitude and radar function

- Flight parameters-RTH (return to home) altitude, horizontal distance from home

point, altitude-vertical distance from home point, speed-horizontal flying speed.

- Flight Battery Level indication
-There is a built in preflight checklist within the DJI vision APP which is

completed prior to each flight.

- Aircraft GPS Status- Valerie Moss, Inc.’s Phantom 3 Standard will

not fly with less than (7) GPS Satellites available.

- Hide or show flight parameters- Valerie Moss, Inc.’s Phantom 3

Standard will ALWAYS fly with parameters displayed in order to assist in

maintaining safe distances from persons and objects and to adhere to the flight

plan.

8.) Valerie Moss, Inc. will operate with a minimum of (1) one, trained

spotter for every flight. “Trained” meaning familiarization with the Phantom 3

Standard, its abilities according to the operators’ manual as well as the

abilities of PIC. Spotters will participate in documented training developed in-house

prior to being allowed on the flight line. Training will consist of, at a

minimum the following:

a) The ability to roughly identify minimum distance from objects

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the

Phantom 3 Standard

c) The ability to communicate with the PIC the visual limitations and to never let

the Phantom 3 Standard out of the visual capabilities of the PIC and the

spotter(s).

d) The ability to recognize persons or objects that are not part of the intended

and permitted part of the project that enter the 500 foot operational area unless

such persons and objects are deemed permitted by the owner or controller of

the property or area and the PIC makes a safety assessment of the risk of

operating at a closer range and it does not pose undue or significant risk to

those persons or objects.

e) The ability to accurately describe to the PIC, the orientation of the Phantom in

relation to the pre-set home point as well as the direction of travel.

f) The training will take place under strict, safe conditions away from persons or

large obstacles. I.e. large open fields.

9.) Prior to each flight, the PIC and the Spotter(s) will performa pre-flight briefing

detailing the estimated flight distance, estimated flight level AGL and the goal of the

particular flight. Each preflight briefing will be documented by the PIC to include flight

details, pilot name, spotter(s) name, weather details, time and date.

Written and/or verbal consent will be obtained from the person/business requesting the

flight.

A post-flight briefing will also be conducted and documented with the PIC and the The

Documented Pre-flight, the raw pictures and/or the raw video footage as well as the

post-flight brief and written consent will be kept by Valerie Moss, Inc. for a

period of at least (2) years.
Valerie Moss, Inc. believes that given the size, weight, speed, and limited

operating area associated with the Phantom 3 Standard, requests an exemption

from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b)

(Certifications required), subject to certain conditions and limitations, is warranted and

meets the requirements for an equivalent level of safety under 14 CFR part 11 and

Section 333 of P.L. 112-95 (Section 333).

Valerie Moss, Inc. requests exemption from § 45.23 Marking of the aircraft.

The Phantom 3 Standard does not have a cabin, does not have a cockpit or a pilot

station. Minimum sized lettering and wording are difficult to place on the Phantom 3

Standard. Valerie Moss, Inc. will however affix a sticker on the unit which will

contain contact information for the company in case of aircraft loss.

Valerie Moss, Inc. requests an exemption from §§ 91.405(a), 91.407(a) (1),

91.409(a) (2) and 91.417(a) and (b) Maintenance inspections and feel it should be

granted since they only apply to aircraft with an airworthiness certificate. Valerie Moss, Inc. has 

developed maintenance inspections and documentation methods for the Phantom 3 Standard 

from personal experience as well as the manufacturer’s user manual. (See attached pdf Phantom 

3 Standard user manual)

Valerie Moss, Inc. requests relief from § 91.119(c) because the aircraft will be

operated at altitudes below 300 feet AGL. Section 91.119(c) states that no person may

operate an aircraft below the following altitudes: over other than congested areas, an

altitude of 500 feet above the surface, except over open water or sparsely populated

areas. In those cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure. Valerie Moss, Inc. will operate pursuant

to the following restrictions related to § 91.119:

-Operate in reasonably safe environments that are closely monitored by ground

assistants and signage placed in locations that would be considered reasonable

locations for pedestrians, vehicles or vessels to enter the area.

-Within 5 miles of airports and congested areas. Congested areas will be defined by

VFR charts as well as by contacting the local FSDO (flight standards district office)

-Conduct all operations under Valerie Moss, Inc.’s guidelines contained in

the operating documents and will analyze flight data and other sources of information

such as the manufacturer’s website to constantly update and enhance safety.

-Contact respective airports if operations will be within 5 miles to advise them of

estimated flight time, flight duration, elevation of flight and other pertinent information

deemed important by the airport.

- Always obtain all necessary permissions prior to operation. Permissions include but

are not limited to a (COA) and a request for a (NOTAM) as well as permission from the

property owner or person in control of the property and when practical will be in writing

and kept on file for 2 years for review. If it’s not possible to obtain written permission,
the PIC will document in writing how permission was obtained i.e. phone call with date,

time and party information.

Valerie Moss, Inc. requests relief from 14 CFR 91.121 Altimeter Settings.

Valerie Moss, Inc.’s Phantom 3 Standard has a barometric altimeter and GPS

derived altitude capabilities. The FAA requires any altitude reported to ATC to be in feet

AGL. Alex Workman Creative will set the altimeter on the Phantom 3 Professional to

zero feet AGL rather than local barometric pressure or field altitude before flight.

Valerie Moss, Inc. requests relief from § 91.151 (a) Fuel requirements for

flight in VFR conditions based on the following:

No fuel is used in the Phantom 3 Standard but it is battery operated. Batteries have,

in our experience have about 20 minutes of quality flying time. In the interest of safety,

Valerie Moss, Inc. generally lands with 35% of battery remaining which gives

about 9 minutes of flying time per battery. The Phantom 3 Standard has an audible

battery state warning system. Valerie Moss, Inc. will always follow the

manufactures minimum battery warning which is 30% remaining. There is also an onscreen 

warning of not enough battery to return to home message if flight distance has

exceeded battery capacity. In this event, an emergency landing would be made as

soon as safe and practical. The Phantom 3 Standard also has an automated

function which results in immediate landing when a low battery is detected.

Researching previous relief requests, relief has been granted for manned aircraft to

operate at less than prescribed minimums, including Exemption Nos. 2689, 5745, and

10650. In addition, similar UAS-specific relief has been granted in exemption Nos.

8811, 10808, and 10673 for daytime, VFR conditions. Valerie Moss, Inc. will

adhere to all VFR minimums as well as VMC conditions when planning and/or

executing any flights. There is little purpose for aerial video or pictures if the weather is

less than desirable. Following VFR minimum standards will at least ensure a safe flight.

Wind and forecast weather will be a key in deciding suitable conditions. Local weather

can be attained from the nearest airport by using AWOS. No flight will take place in any

condition that would potentially be outside of the Phantom 3 Standard capabilities

in wind. Valerie Moss, Inc. will always fly within its 30% minimum remaining

battery life at its first intended landing point.

If there are any areas that have not been addressed, please contact me for

supplemental information.

Sincerely,

Matthew Mirabile

Valerie Moss, Inc.

100 Parkway Boulevard

Stafford, VA 22554

(540) 220-2065

matthew.mirabile@gmail.com