Scott Wesley Urquhart

21 East A Street

Apartment 1

Brunswick, MD

21716

(301)676-1250

scottieurquhart@gmail.com

Scott Urquhart petitions for a Grant of Exemption so that he can conduct 

aerial videography and cinematography to enhance academic community 

awareness for those individuals and companies unfamiliar with the geographical 

layout of the Frederick county area and to augment real estate listing videos. 

Specifically he request an exemption from part 21, subpart H; and Sections 

45.23(b),61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 

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). These 

flights would be conducted using either a DJI Phantom 3 Advanced with a built in

camera. 

With Safety being his primary goal, he looks at this operation as a safer 

alternate to operating a larger petroleum powered aircraft requiring airborne crew

members. To ensure that he can meet those requirements he will make sure that

all his PICs have at least a private pilots certificate with a current FAA class 3 

physical. In addition he will insist that all PICs go through his ground training 

program that will cover the operation of the specific UAV they will be operating , 

weather requirements, UAV system operations both normal and emergency . The

training will also cover the importance of documenting both the flight hours of the 

PIC and the UAV . Special emphasize will be put on documenting any and all 

maintenance discrepancies and the importance of properly documenting the 

resulting corrective action prior to any flight. In addition, he believes that every 

PIC needs to have accumulated at least 25 hours of UAS time of which at least 

10 hours would be in multi rotor UAVs and have at least 5 hours in make/model 

prior to commercial operations. To maintain proficiency he will make sure the PIC

makes at least 3 take offs and landings within any 90 day time frame and all 

these requirements will be documented in the Pilots log book. To ensure he does

not interfere with any other manned aircraft he will not fly above 400' or within 5 

miles of any airport unless he is in radio contact with the control tower. To ensure

all know of his presence he will post all flights on Notams and will advise all local 

residence of impending flights. On the day of the flight he will post signage 

indicating that a UAV flight is in the immediate area. As for the actual UAV 

operation he will insist on that all PICs complete a preflight safety check of the 

UAS that will ensure all components of the system work as required. 

Part 21 prescribes the procedural requirements for issuing and changing 

design approvals, productions approvals, airworthiness certificates, and 

airworthiness approvals. 2 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,n or "provisional," as applicable. 

Because of the size of the aircraft he proposes to install the "N" on the 

fuselage but does not think there is adequate space to also place any of the 

categories mentioned.

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. 

Since he will not be carrying any passengers or property for compensation

he feel a private pilot can carry out the responsibilities of the PIC. 

Section 91.7(a) prescribes that no person may operate a civil aircraft 

unless it is in an airworthy condition. 

An exemption is requested to 91.7(a) because the UAV does not have to receive 

an airworthy condition by the FAA 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is 

responsible for determining whether that aircraft is in condition for safe flight and 

that the PIC shall discontinue the flight when un airworthy mechanical, electrical, 

or structural conditions occur. 

He will terminate any flight when the aircraft becomes un airworthy with 

mechanical, electrical or structural conditions. There is no exception. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 

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. 

Section 91.1 03(b) prescribes that a pilot shall for any flight, become familiar with 

runway lengths at airports of intended use, and takeoff and landing distance 

information. 
The Phantom 3 Advanced does not use any runway for take off and the 

company policy is that the Phantom 3 Advanced will remain clear of all ramps, 

taxiways and runways associated with any airport. 

Section 91.1 09(a) prescribes, in pertinent part, 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. 

The Phantom 3 Advanced does not have dual flight controls and all instruction is 

via the one controller. He therefore request an exemption from this requirement 

Section 91.119 prescribes that, except when necessary for takeoff or 

landing, no person may operate an aircraft below the following altitudes 

(a) Anywhere. An altitude allowing, if a poher unit fails, an emergency landing 

without undue hazard to persons or property on the surface. 

He will not operate the Phantom 3 Advanced near any poher lines, light posts or 

any other pohered obstacle 

(b) Over congested areas. Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 feet 

above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. 

He will not operate the Phantom 3 Advanced over any congested areas. 

(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. 

Because of small size of the Phantom 3 Advanced (3 lbs) and the fact 

there is no fuel on board he feel as how he offer no risk to flying less than 500 in 

other than congested areas. He would like to operate like powered parachutes in 

that he will ensure that he do not present any hazard to persons or property on 

the surface. In addition he will ensure he have permission from the owner of any 

vehicle or property prior to getting within the 500 ft area. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface-

(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." 
The Phantom 3 Advanced does not have a barometric altimeter but uses 

GPS signals to compute altitude. He will set the altitude to zero prior to take off 

so as to be able to know altitude above the ground at all times. 

Section 91.151 (a) prescribes that no person may begin a flight in an 

airplane under VFR conditions unless (considering wind and forecast heather 

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]. 

Since the Phantom 3 Advanced does not carry fuel but uses battery power

he request the following. The battery on the Phantom 3 Advanced has 2 lights 

that come on when the battery is at 30% power and he would like to use that as 

the planning to return for a safe landing. Most of his flights will not exceed 10 

minutes in flight and since the battery has a normal 25 minute range this 30% 

factor should provide a safe return point. He will ensure that all flights consider 

winds in determining there return point as they could have a head wind on return.

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). 

An exemption is requested for the airworthiness requirement since the Phantom 

3 Advanced does not have an airworthiness. 

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. 

Since there is no requirement for an airworthiness certificate for the 

Phantom 3 Advanced this requirement would not be appropriate. In addition 

because of the size of the aircraft there is just not a place to display the 

certificate. 

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.4 

There is no approved maintenance program for the Phantom 3 Advanced 

but he will ensure that it goes through a complete overhaul by an approved OJ/ 

maintenance personnel annually. 
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. 

After any maintenance that requires change of engine or propeller that 

aircraft will undergo an test flight by the PIC in a remote underpopulated area to 

ensure the aircraft is operating safely 

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. 

After any maintenance that requires change of engine or propeller that 

aircraft will undergo a test flight by the PIC in a remote underpopulated area to 

ensure the aircraft is operating safely 

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-hhis, 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.5

(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 

He will ma1ntam an aircraft 1ogoook that will reflect all flight t1me on the UAII. 

any maintenance performed on the UA\1. There are no ltfe-lmuted parts on the 

Phantom 3 Advanced. no system of AD . If flight safety 

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

the aircraft is approved for return to service. 

Scott Urquhart provides the following supporting documentation including: 1) 

Supplemental Response for Petition, 2) PHANTOM

Flying Flow Chart V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7,

PHANTOM Advanced Manual v.1.4, 3) PHANTOM 3 ADVANCED Vision+ User 

Manual 4) restricted 

areas map, 5) personal protocols and controls, and 6)Scott Urquhart 

Safety/Flight Manual (all hereinafter 7) Radio Frequency Spectrum chart referred 

to as operating documents). 

Unmanned Aircraft System 

Scott Urquhart plans to operate a UAS, the PHANTOM 3 ADVANCED, 

which is comprised of an unmanned aircraft (UA or PHANTOM) and a 

transportable ground station. The PHANTOM is referred to as a quad-copter with

a maximum gross weight of about 3 pounds. It is equipped with four rotors that 

are driven by brushless electric motors powered by batteries. The UA has a 

maximum airspeed of 30 knots. Scott Urquhart plans to operate the UA over 

various areas of Frederick County and Washington County to enhance academic

community awareness and augment real estate listing videos. Scott Urquhart 

makes the following representations of operational enhancements which he 

proposes to abide by to ensure this exemption will provide a level of safety at 

least equal to existing rules: 

• Scott Urquhart will only operate in reasonably safe environments that are strictly

controlled, are away from power lines, elevated lights, airports and actively 

populated areas; and

• Scott Urquhart will conduct extensive preflight inspections and protocols, during

which safety carries primary importance. 

Scott Urquhart states that given the size, weight, speed, and limited operating 

area associated with the aircraft to be utilized by him, 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).

Petitioner requests an exemption from § 45.23 Marking of the aircraft 

because his UA will not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, he states that two-inch lettering is difficult to 

place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, Scott Urquhart states that he will mark his UAS 

in the largest possible lettering by placing the word "Experimental" on its fuselage

as required by § 45.29(f) so that he or anyone assisting him as a spotter will see 

the markings. The petitioner states that an exemption from §§ 91.405(a), 

91.407(a)(1 ), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may 

be required and should be granted since they only apply to aircraft with an 

airworthiness certificate. However, Scott Urquhart states as a safety precaution 

he will perform a preflight inspection of his UAS before each flight as outlined in 

his operating documents. 

UAS Pilot in Command (PIC) 

Scott Urquhart asserts that under§ 61.113 (a) and (b) private pilots are limited to 

non- commercial operations, however he can achieve an equivalent level of 

safety as achieved by current regulations because his UAS does not carry any 

pilots or passengers. Further while helpful, a pilot license will not ensure remote 

control piloting skills. He believe that the risks of operating a UAS are far less 

than the risk levels inherent in the commercial activities outlined in 14 CFR part 

61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges 

and Limitations: Pilot in command. 

Regarding UAS operational training, the Scott Urquhart has flown 

hundreds of practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of his UAS' 

performance under different weather and environmental conditions. He further 

states that he practices computerized simulated flights to maintain adequate 

skills and response reflex time.

Scott Urquhart will abide by the following additional operating conditions 

under this exemption:

•Operate the UAS below 300 feet and within a radius distance of 1000 feet from 

the controller to both aid in direct line of sight visual observation;

operate the UAS for 3-7 minutes per flight;

• land the UAS prior to the manufacturer's recommended minimum level of 

battery power;

• operate the UAS only within visual line of sight (VLOS);

• use the UAS' global positioning system (GPS) flight safety feature whereby it 

hovers
and then slowly lands if communication with the remote control pilot is lost;

• conduct all operations under his own personal and flight safety protocols 

(including posting a warning sign reading: "Attention Aerial Photography in 

Progress - Remain Back 150 feet'') contained in the operating documents and 

will actively analyze flight data and other sources of information to constantly 

update and enhance his safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of 

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

information;

• always obtain all necessary permissions prior to operation; and have 

procedures in place to abort flights in the event of safety breaches or potential

danger. 

Scott Urquhart states that§ 91.7(a) prohibits the operation of an aircraft 

without an airworthiness certificate. Scott Urquhart asserts that since there is 

currently no certificate applicable to his operation, this regulation is inapplicable. 

91.9(b)(2) requires an aircraft flight manual in the aircraft, however since 

there are no pilots or passengers on board his aircraft and given its size, this 

regulation is inapplicable. 

Scott Urquhart can maintain an equivalent level of safety by maintaining a 

safety/flight manual with the UAS ground station. 

Public Interest 

Aerial videography for geographical awareness and for real estate marketing has

been around for a long time through manned fixed wing aircraft and helicopters, 

but for small business owners, the expense has been cost-prohibitive. Granting 

this exemption to Scott Urquhart would allow him to provide this service at a 

much lower cost. Further, small UAS will pose no threat to the public given its 

small size and lack of combustible fuel when compared to larger manned, and 

the precautionary measures taken every flight.

The FAA has organized the petitioner’s information into his sections: 

1) the unmanned aircraft system (UAS), 2) the UAS Pilot In Command (PIC), 3) 

the UAS operating parameters and 4) Public Interest.

Unmanned Aircraft System

The petitioner states he plans to operate a UAS, the PHANTOM 3 

ADVANCED, which is comprised of an unmanned aircraft (UA or PHANTOM) 

and a transportable ground station.

The PHANTOM is referred to as a quad-copter with a maximum gross 

weight of about 3 pounds. It is equipped with his rotors that are driven by electric
motors powered by batteries. The UA has a maximum airspeed of 30 knots. 

Petitioner plans to use the attached camera to his UA and operate the UA over 

various areas near Frederick, MD to enhance academic community awareness 

and augment real estate listing videos.

Petitioner makes the following representations of operational enhancements 

which he proposes to abide by to ensure this exemption will provide a level of 

safety at least equal to existing rules:

• He will only operate in reasonably safe environments that are strictly controlled, 

are away from power lines, elevated lights, airports and actively populated areas;

and

• He will conduct extensive preflight inspections and protocols, during which 

safety carries primary importance.

The petitioner states that given the size, weight, speed, and limited 

operating area associated with the aircraft to be utilized by him, 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).

Petitioner requests an exemption from § 45.23 Marking of the aircraft 

because his UA will not have a cabin, cockpit or pilot station on which to mark 

certain words or phrases. Further, he states that two-inch lettering is difficult to 

place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, petitioner states that he will mark his UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as 

required by § 45.29(f) so that he or anyone assisting him as a spotter will see the

markings.

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 

91.409(a)(2) and 91.417(a) and (b) Maintenance inspections may be required 

and should be granted since they only apply to aircraft with an airworthiness 

certificate. However, the petitioner states as a safety precaution he will perform a

preflight inspection of his UAS before each flight as outlined in his operating 

documents.

UAS Pilot in Command (PIC)

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to 

non commercial operations, however he can achieve an equivalent level of safety

as achieved by current regulations because his UAS does not carry any pilots or 

passengers. Further, he states that, while helpful, a pilot license will not ensure 

remote control piloting skills. He further indicates that the risks of operating a 

UAS are far less than the risk levels inherent in the commercial activities outlined

in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private 

Pilot Privileges and Limitations: Pilot in command.
Regarding UAS operational training, the petitioner states he has flown 

numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of his UAS’ 

performance under different temperature and heather conditions. He further 

states that he practices computerized simulated flights to maintain adequate 

skills and response reflex time.

In a supplemental request to the FAA, the petitioner requests 

consideration of a 120 day temporary airman certificate in accordance with § 

63.13, to allow him time to obtain a private pilot certificate or to allow the FAA 

time to establish minimum UAS airman certification standards.