Mark Edward Doutt – 333 Petition

February 28, 2016

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Erick F. Larsen

Consultant to

Mark Edward Doutt

262 W. Linden Ave. # C

Burbank, LA, Ca 91502

818-732-0330

ErickLarsen@Outlook.com

February 28, 2016

 - Via electronic filing -

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., 

SE Washington, DC 20590

Re: Request (Petition) for Exemption from Certain Regulations per Section 333 of the FAA 

Reform Act and Part 11 of the Federal Aviation Regulations

Dear Madam or Sir:

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

and 14 C.F.R. Part 11, private pilot and professional photographer, Mark Edward Doutt

(Petitioner, or Operator) hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow business use (commercial operation) of his fleet of Unoccupied 

(unmanned) Aerial Systems (UAS), so long as such operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by 

Section 333.

I. INTRODUCTION

Petitioner, Mark Edward Doutt, is a United States born citizen with a United States passport, 

a FAA issued Airman’s Certification (# 3770923), and a California Driver’s License. He 

performs expert professional photography, cinematography, videography, and business 

marketing services worldwide, with the following contact information:

Mark Edward Doutt

Professional Photographer - Pilot

7054 Via Barranca

San Jose, CA 95139

Tel: 408-425-3459

Email: doutt@mac.com

Petitioner has developed numerous diverse clients in need of safe and lawful commercial 

UAS cinematography, aerial data collection (ADC) and UAS training services. Growth of 

Petitioner’s UAS business will provide new jobs and an increased level of safety to many 
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who currently are in need of UAS commercial services. FAA UAS policy prevents Petitioner

from providing civil UAS commercial services in the absence of the requested exemption. 

A. Commercial UAS Operations to Be Conducted:

Petitioner seeks to operate his fleet of UAS to conduct UAS training, and aerial data 

collection (ADC) which includes any remote sensing and measuring by an instrument(s) 

aboard the unoccupied (unmanned) aircraft (UA). Examples include imagery (photography, 

video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), 

chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.

In particular Petitioner seeks authorization to conduct commercial UAS training and remote 

ADC, mapping, surveying, photography, filming, videography, demonstrations, sampling, 

measuring, and inspections of (or for):

1.)Construction, architectural, engineering, website development, insurance, risk management, 

security, real estate, resort, golf, cemetery, entertainment, weddings, sports, utility, energy 

(oil, gas, solar, nuclear, coal, wind, & electric), hydro (water), transportation (port, rail, 

truck, auto, & bus), mining, bridge, telecommunications, agriculture (farming, ranching, & 

growing) flare stack, platform, tower, pole, pipeline and other infrastructure, structures, 

sites, systems, features and operations; and,

2.)Recreational, commercial, governmental, public safety, fire, Emergency Management 

Agencies (EMA) and entities; and,

3.) Environmental, scientific, archaeology, conservation, climate change, natural 

resource, wildlife, oceanographic, forestry, weather, search & rescue, emergency 

services, humanitarian relief, public & private entity support, assistance and monitoring 

of infrastructure, structures, sites, systems, features, and operations; and,

4.)Research, education, training, development, testing, certification, and validation of safe and 

lawful civil, commercial, public, experimental, hobby, and recreational UAS curriculum, 

education, and safe flight training, demonstrations, and events involving UAS design, 

manufacture, assembly, purchase, sale, maintenance, repair, inspection, safe operation, 

record keeping, and required FAA documentation.

Hereinafter, 1 through 4, above, as well as UAS training are referred to as Petitioner’s 

“proposed operations” or “operations".

Concerning the petitioner’s request for authority to conduct UAS training, the FAA has 

stated that, at this time, the FAA is unable to authorize UAS operations for training until a 

further assessment is completed. Therefore, the petitioner requests that when the FAA 

completes its review, that the FAA proceed accordingly and no further action will be 
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required by the petitioner. However, in the interim, the petitioner requests that he be

permitted to train his own pilot in commands, visual observers, and other crew.

B. Petitioner’s Commercial UAS Aircraft Fleet and Operating Documents:

Petitioner references as his operating documents, this petition, his list of UAS aircraft fleet

(below) and the manufacturer’s model specific aircraft documentation, including Flight 

Operations Manual (FOM), for each UAS in his aircraft fleet which set forth safety 

considerations, training, general and specific operating procedures, specifications, 

inspection, maintenance, setup of the UAS, and all other required and recommended 

procedures for the proposed operations. 

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris https://store.3dr.com/products/iris

3D Robotics Solo https://3dr.com/solo-drone/

3D Robotics X8-M 

https://webcache.googleusercontent.com/search?q=cache:59a5llTcZ7gJ:https://store.3dr.com/products/x8-

m+&cd=2&hl=en&ct=clnk&gl=us

DJI Inspire 1 http://www.dji.com/product/inspire-1/download

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal)

http://store.dji.com/product/inspire-1-pro#/spec

DJI Matrice 100 http://www.dji.com/product/matrice100

DJI Phantom 1 http://www.dji.com/product/phantom/download

DJI Phantom 2 Vision, Vision+ http://www.dji.com/product/phantom-2/download?www=v1

DJI Phantom 3 Professional, Advanced, Standard, and 4k 

http://www.dji.com/product/phantom-3/download

DJI Phantom 4 http://www.dji.com/product/phantom-4/download

DJI Spreading Wings S900* http://www.dji.com/product/spreading-wings-s900

DJI Spreading Wings S1000, and S1000+* http://www.dji.com/product/spreading-wings-s1000-

plus

Droidworx SkyJib 8* http://www.aerialtechnology.com/shop/skyjib-8-ti-qr-droidworx-aeronavics/

Droidworx SkyJib 8/ X4* http://www.aerialtechnology.com/shop/aeronavics-skyjib-x4-ti-qr/
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Freefly Systems Alta* http://freeflysystems.com/alta

Lily Robotics, Inc. Lily https://www.lily.camera/

XCraft PhoneDrone Ethos http://xcraft.io/phone-drone/ and http://store.xcraft.io/xplusone-storexcraft-vtol-drone-sandpoint-id/phonedrone

XCraft X PlusOne http://xcraft.io/x-plusone-drone/

Yuneec Typhoon G, Q500, and Q500 4k https://www.yuneec.com/Typhoon-Specifications-Typhoon-4K

Yuneec Tornado CGO4, and H920 https://www.yuneec.com/Specifications-Tornado-H920

*Using Futuba 14SG RC transmitter ground station http://www.futabarc.com/systems/futk9410-14sg/

Each UAS in Petitioner’s aircraft fleet (above) or similar has previously been granted 333 

exemptions by the FAA. Commercial operations of any other type of aircraft require a new 

or amended 333 petition. Each of Petitioner’s UAS will be duly registered with the FAA 

which will assign registration, “N” numbers, before operations are commenced. 

C. Specific Regulations for which an exemption is sought:

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91.119 (b) & (c) 

14 CPR 91. 121

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1)

14 CPR 409 (a) (1) & (2)

14 CFR 417 (a) & (b)

II. PETITIONER’S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT HAZARDS

Each UAS utilized by Petitioner is an electric multi-rotor craft, weighing less than 55 lbs. 

including ADC payload and has been previously approved by the FAA for commercial 

operations. Each operates at a speed of no more than 100 mph (87 knots) and has the 

capability to hover, and/or move in a vertical and horizontal plane simultaneously. Each will 

only be operated as visual line of sight (VLOS), remain under 400 ft. above ground level 

(AGL), and will operate only over private or controlled access property with permission from 

the owner/controller of the property or authorized representative.

During Petitioner’s proposed operations the site will be secured and non-participants will be 

kept at least 500 feet away from the operation unless barriers or structures are present that 

sufficiently protect non-participants in the event of an accident or loss of control.

III. PETITIONER'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST
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The FAA has issued a Grant of Exemptions to FalconSkyCam, Exemption No. 11195, Docket 

No FAA-2014-0884 (March 6, 2015) and to Measure, a 32 Advisors Company, LLC, 

Exemption No. 12646, Docket No. FAA–2015–1602 (August 28, 2015), for operations that 

are substantially similar to those proposed herein. In issuing the Grant to FalconSkyCam, the 

FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a 

UAS with the specifications described by the Petitioner and carrying no passengers or crew, 

rather than a manned aircraft of significantly greater proportions, carrying crew in addition 

to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this 

exemption is in the public interest."

IV. EQUIVALENT LEVEL OF SAFETY

Petitioner proposes that his fleet of UAS, with the characteristics and as operated with the 

limitations listed below, provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory framework.

These limitations and conditions to which Petitioner agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

1.) Each UAS utilized by Petitioner will weigh Less than 55 lbs, operate at a speed of no 

more than 100 mph (87 knots), and will remain under 400 ft. (AGL).

2.) Flights will be operated only during daylight hours, only in visual meteorological 

conditions, and only within visual line of sight (VLOS) of the pilot in command (PIC) 

of the UAS.

3.) All operations will utilize a visual observer (VO) in addition to the pilot in command 

(PIC).

4.) Maximum total flight time for each operational flight will be less than 45 minutes, or 

when the Low Battery warning activates.

V. EXEMPTIONS REQUESTED

14 C.F.R. § 61.113 (a) and (b): Private, Recreational, or Sport vs. Commercial Pilot 

Certificates

Sections 61.113 (a) and (b) prohibit private, recreational, or sport certified pilots from 

operating a traditional aircraft for compensation or hire. Petitioner proposes that his PIC 

will have at least a private, recreational, or sport pilot’s certificate, and a current FAA 

medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, a possession, or the Federal government. Petitioner’s PIC will also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the 

PIC is rated on his or her pilot certificate. 

Petitioner will not permit any PIC to operate unless the PIC demonstratesthe ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated under
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Petitioner’s exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight 

hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Dedicated 

UAS flights for the purposes of training the Petitioner’s PICs and VOs (training, proficiency, 

and experience-building) and for determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under Petitioner’s exemption, are 

requested by Petitioner to be allowed under the terms of this exemption. 

PIC and VO training operations will only be conducted during dedicated training sessions.

During training, proficiency, and experience-building flights, all persons not essential for 

flight operations will be considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

Based upon the above and for the reasons set forth in the FAA's grant of an exemption to 

Astraeus Aerial, Petitioner does not believe a commercial pilot certificate is necessary for 

his proposed operations. See, e.g., In the matter of the petition of Astraeus Aerial, 

Exemption No. 11062 (issued Sept. 25, 2014). For those reasons, Petitioner requests an 

exemption from 14 C.F.R. § 61.113 (a) and (b).

14 C.F.R. § 91.7 (a): Civil Aircraft Airworthiness

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for 

airworthiness determinations on the PIC. Petitioner’s UAS will not have an airworthiness 

certificate, and there is no FAA regulatory standard for determining airworthiness of the 

UAS. Additionally, Petitioner's operating documents, including FOM, set forth inspection 

and maintenance procedures to ensure airworthiness. For these reasons, and in accordance 

with the FAA's grant of an exemption from section 91.7 to Total Safety U.S., Inc., Petitioner

requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the petition of 

Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

14 C.F.R. §91.119 (b) and (c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (b) 

prohibits aircraft in congested areas from flying less than 1,000 feet above the highest 

obstacle within a horizontal radius of 2,000 feet of the aircraft. To the extent that 

Petitioner’s proposed operations would be considered to be in "congested areas," 

Petitioner's operating documents and procedures, and the size, weight and speed of each 

UAS in the Petitioner’s fleet of UAS, provide an equivalent level of safety such that the 

proposed operations at lower safe altitudes should be allowed.

Petitioner will establish a 500' buffer/sterile area for his operations that will exclude 

personnel not associated with the operations. Petitioner will also exercise additional control 

over the sterile area as needed. Consequently, Petitioner believes these procedures will 
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reduce or eliminate any potential adverse impacts to safety for operations in congested 

areas. Petitioner therefore requests an exemption from 14 CFR § 91.119(b).

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above 

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

exemption is for UAS that fly similarly to a helicopter and requests authority to operate at 

altitudes up to 400 ft. AGL, an exemption may be needed to allow such proposed 

operations.

The equivalent level of safety will be achieved given the size, weight, speed of each of 

Petitioner’s UAS as well as the location where they will be operated. As discussed above, 

Petitioner will establish a sterile area, including safety buffers of 500 feet for personnel not 

associated with the operations. Petitioner therefore requests an exemption from Section 

91.119(c) for all necessary and authorized personnel associated with the proposed 

operations.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain a 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 constant GPS altitude read out, an exemption is 

requested.

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."

Maximum total flight time for each of the proposed operations will be no more than 

approximately 45 minutes. Flights will be safely landed when the battery falls below its 

nominal voltage, should that occur prior to completion of the operation. Each of Petitioner’s 

UAS has a constant battery voltage display and a Low Voltage LED Warning which alerts 

when the battery reaches pre-determined levels. This battery level would be more than 

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

operating area when the Low Voltage Warning alerts.

For these reasons, Petitioner requests an exemption from 14 C.F.R. § 91.151 (a). Similar 

exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808.
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14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (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.

As provided in Petitioner’s operating documents, the operator and the PIC will ensure that 

the UAS is in safe working order prior to initiating each flight, and the operator will perform 

required maintenance and inspections, and keep a log of any maintenance performed.

VI. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY

The Federal Aviation Administration (FAA) has issued numerous prior exemptions for many 

different types of UAS and UAS operations. In those exemptions, the agency noted that 

exemptions from certain regulations were not necessary, due to "the size, weight, speed 

and limited operating area associated with [the UAS] and its operation."

Based upon the FAA's guidance and the fact that each of Petitioner’s UAS is even smaller 

and slower than many of those UAS in previously issued exemptions, Petitioner believes 

exemptions from the following regulations are not necessary:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 

14 C.F.R. § 45.23 (b): Marking of the Aircraft.

14 C.F.R. §91.7(b): Civil aircraft airworthiness. 

14 C.F.R. §91.109: Flight instruction.

Petitioner also believes that an exemption from 14 C.F.R. § 91.103: Preflight Action is not 

necessary. This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be 

provided for the aircraft. An equivalent level of safety will be provided as set forth in this 

petition and in Petitioner’s operating documents duly referenced as part of this request.

The FAA has previously found that adherence to procedures contained in an applicant's 

operating documents demonstrate compliance with § 91.103, and therefore an exemption 

from the regulation was not necessary. See, e.g., In the matter of the petition of Total 

Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).

Petitioner's PIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff clearance distances and aircraft performance data before

initiation of flight to ensure the safety of the flight. Consequently, in light of this agency's 

prior finding in Total Safety U.S., Inc., Petitioner does not believe an exemption from 14 

C.F.R. § 91.103 is necessary. 
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If it is determined that the Petitioner does require exemptions from any of the provisions 

from which he has herein stated that he believes no exemption is required: Petitioner 

requests that such exemptions be granted upon the basis of all that he has stated in this 

petition and in his operating documents.

Good cause exists for not publishing a summary of this petition in the Federal Register 

because the requested exemption would not set a precedent, and any delay in acting on 

this petition would be detrimental to the Petitioner. Accordingly, Petitioner respectfully 

requests that the FAA grant the requested exemption summarily and without delay.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is necessary:

Petitioner seeks an exemption from the following rules:

14 C.F.R. § 61.113 (a) and (b); 91.7 (a); 91.119 (b) and (c); 91.121; 91.151 (a); 

91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct 

UAS training, and aerial data collection (ADC) which includes any remote sensing 

and measuring by an instrument(s) aboard the Unoccupied (Unmanned) Aircraft 

(UA). 

Privacy

All of the proposed operations, UAS flights, will occur only over private or 

controlled access property with permission from the owner/controller of the 

property or authorized representative. Petitioner’s proposed operations will be 

conducted in accordance with all applicable laws and regulations governing 

privacy at the venue of the flight operation.

VII. CONCLUSION

Petitioner has requested to use his fleet of UAS for UAS training, and aerial data collection 

(ADC). The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in this petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to 

Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see Docket 

No. FAA-2014-0804), the FAA found that the enhanced safety achieved using an UA with the 

specifications described by the Petitioner and carrying no passengers or crew, rather than a 

manned aircraft of significantly greater proportions, carrying crew in addition to flammable 

fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is 

in the public interest.

Upon review of Petitioner’s reasons for requesting this exemption, It should be determined 

that:
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1.)Petitioner’s requests, in all material respects, are the same as the relief 

previously requested in Grant of Exemption Nos. 11112, 11213, 12645, 

14381, and 14578;

2.)The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, 

11213, 12645, 14381, and 14578 also apply to the situation Petitioner presents; and

3.)A grant of exemption to Petitioner is in the public interest.

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

Petitioner should be granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) 

and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow

Petitioner’s proposed operations. 

Satisfaction of all of the criteria provided in Section 333 of the Reform Act of 2012 - size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

daylight UAS operations within visual line of sight (VLOS) and national security - provide 

more than adequate justification to grant the requested exemption allowing the proposed 

operations in the NAS by Petitioner, Mark Edward Doutt.

Respectfully,

/Signed/

Erick F. Larsen

Consultant to

Mark Edward Doutt

262 W. Linden Ave. # C

Burbank, LA, Ca 91502

818-732-0330

ErickLarsen@Outlook.com
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Petitioner’s Commercial UAS Aircraft Fleet

Petitioner requests an exemption to operate the following UAS aircraft:

3D Robotics Iris 

3D Robotics Solo 

3D Robotics X8-M 

DJI Inspire 1

DJI Inspire 1 Pro X5, X5 Black, X5R (raw), and XT (thermal)

DJI Matrice 100

DJI Phantom 1 

DJI Phantom 2 Vision, Vision+

DJI Phantom 3 Professional, Advanced, Standard, and 4k 

DJI Phantom 4 

DJI Spreading Wings S900

DJI Spreading Wings S1000, and S1000+

Droidworx SkyJib 8

Droidworx SkyJib 8/ X4

Freefly Systems Alta

Lily Robotics, Inc. Lily

XCraft PhoneDrone Ethos

XCraft X PlusOne

Yuneec Typhoon G, Q500, and Q500 4k

Yuneec Tornado CGO4, and H920