June 29, 2015

Federal Aviation Administration 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from certain parts of the FARs. 

Dear Administrator: 

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

14 C.F.R. Part 11, Peter Monico, a professional Rental Management Owner, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow him to operate a 

small Unmanned Aircraft System (“sUAS”) under the conditions and limitations set forth in this 

Petition. 

The requested exemption would permit the operation of small, unmanned and relatively 

inexpensive sUAS under controlled conditions in airspace that is (1) predetermined, and (2) 

would provide safety enhancements to better help area visitors understand the rental home 

locations and proximity to local necessities in the Snowshoe, West Virginia Area. Approval of 

this exemption would thereby enhance safety and fulfill 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 the applicant is: 

Peter Monico

Telephone: (304)572-4500

Email: pmonico@firsttracts.com

Address: Po Box 511 Snowshoe, WV 26209

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. § 45.23(b) 

14 CFR § 61.3 

14 C.F.R. § 91.7 (a) 

14 CFR § 91.9 (b) (2) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.109 

14 C.F. R. § 91.119 

14 C.F.R. § 91.121 

14 CFR § 91.151 (a) 
14 CFR § 91.203 (a) & (b) 

14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a) 

14 CFR § 407 (a) (1) 

14 CFR § 409 (a) (2) 

14 CFR § 417 (a) & (b) 3 

The Appendix describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption. 

The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform 

Act, which directs the Secretary of Transportation to consider whether certain unmanned aircraft 

systems may operate safely in the national airspace system (NAS) before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this determination, the 

Administrator must determine which types of UASs do not create a hazard to users of the NAS 

or the public or pose a threat to national security in light of the following: 

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). 

If the Administrator determines that such vehicles “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. § 333(c) (emphasis added). 

The Secretary has delegated his aviation authority to the Administrator of the FAA. 

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its 

regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes 

UASs. The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of the Federal Aviation Act 

if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 

44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). 

The petitioner is a professional rental management company owner, who earns his living renting

vacation homes to the ski tourism industry at Snowshoe, WV. The Snowshoe Area is VERY rural 

and is located within the “National Quiet Zone” which severely restricts cell phone coverage due 

to the interference of those specific frequencies. Pocahontas County has just recently completed 

it’s 911 Addressing however these addresses will take several years to become recognized by 

GPS/Navigation devices. With limited cell phone coverage and no GPS directions, local visitors 

are experience significant delays when accidents occur. 

The availability of small Unmanned Aircraft Systems, also known as “microdrones,” carrying 

HD video cameras and priced at affordable levels has created a potential solution for the 

petitioner. Throughout his entire professional career, Peter has involved exploring new 

technologies and adapting them to help inform the public. In May 2015, Peter bought a DJI 

Phantom 3 and has flown it for total of 15 hours over remote areas in the region, exploring the 
potential and the limitations of its video subsystem. 

Peter is very pleased with the quality of the imagery captured. Now, we would like to capture 

video depicting the location of each rental home and it’s proximity to area necessities such as the 

local Ski Patrol/Health Clinic, the Snowshoe Village, the only local Gas Station and Proximity to 

the ski slopes.

He has been advised by the NAR that this is not now permissible unless he obtains special 

permission from the FAA. Many competitors of Petitioner are actively flying sUAS to conduct 

aerial photography for commercial purposes, notwithstanding the FAA’s stated prohibition. He 

also notes and has read the congressional mandate in sections 332 and 333 of the FAA 

Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the economic 

and societal benefits that can result from widespread deployment of sUAS technology. 

Accordingly, Petitioner applies for authorization under the Federal Aviation Act, and the FARs 

rules to undertake the following activities for commercial purposes. Unless the Petition is 

granted, Petitioner will be at a significant competitive advantage if he, as he prefers, complies 

with FAA policy. 

Vehicle 

The Petitioner will fly a DJI Phantom 3 Advanced equipped with a three-axis gimbal and GoPro 

camera. 

This vehicle has built in capability to limit the height it flies above the ground, to limit the radius 

of the distance it flies from the operator, and to exclude it from class B, C, 5 and D airspace. The 

vehicle also has the built-in capability to return to the launching point if the wireless control link 

is interrupted or if the operator attempts to exceed any of the height, radius, or airspace 

limitations programmed into it. 

The vehicle weighs about five pounds empty and has a maximum gross weight of 

approximately twenty pounds. It has a top speed of about 30 knots. It has four fixed-pitch rotors, 

thrust from which is varied by changing RPM. It is powered by a lithium polymer battery. 

Flight profiles 

The petitioner will program the Phantom so that it will not fly above 200 feet above ground 

level, or more than 1500 feet away from him. He will carefully preflight the vehicle before each 

mission to assure that its compass and GPS system are properly calibrated and that the returnto-home feature, altitude, and radius limitations work. 

He will operate it on aerial photography missions only in the early morning hours and other 

times when few people are out and about. He will operate it only over largely unpopulated areas 

where the potential of uncontrolled descent to cause injury or damage is low. Atop Snowshoe is 

the only registered emergency helipad. Petitioner will never have a need to fly within proximity 

of said Helipad. Petitioner also owns/operates a Ham Radio so if the unlikely and rare event of 

an incoming Emergency Vehicle, petitioner will immediately cease all flight activity. He will not 

operate it in controlled airspace. In the unlikely event that a manned aircraft flies below 200 feet 
AGL where the petitioners operating his Phantom, he will keep both the vehicle and manned 

aircraft in sight and avoid the manned aircraft. 

More particularly, the Petitioner will fly the Phantom only over the following types of areas in 

Snowshoe Area: 

- Over a Vacant Rental Home, towards the Snowshoe Ski Patrol/Health Clinic, Snowshoe Village 

and ski slopes

- Over the Monongahela National Forest

- Over private property when he has been commissioned by the person in legal possession of the 

property to do so 

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform 

Act relating to size, weight, speed, operating capabilities, proximity to airports and populated 

areas and operation within visual line of sight and national security. The Petition justifies grant 

of the requested exemptions allow the Petitioner to obtain aerial photography with his 

microdrone. 

Respectfully submitted, 

Peter Monico
Appendix FAR 

section 

Subject Justification 

14 CFR § 45.23(b) Requirement to display 

registration number on 

vehicle 

Insufficient space on 

vehicle 

14 CFR Part 21 Aircraft certification 

requirements and 

procedures 

Designed for manned 

aircraft; not suitable for offthe-shelf sUAS 

14 CFR § 61.3 Requirement for pilot 

certificate 

Part 61 requirements 

designed for manned 

aircraft, not sUAS; petition 

describes training for sUAS 

operator 

14 CFR § 91.7 (a) Airworthiness requirement Designed for manned 

aircraft; not suitable for offthe-shelf sUAS 

14 CFR § 91.9 (b) (2) Requirement for manual to 

be available in the cockpit 

No one aboard to read 

manual 

14 CFR § 91.103(b) Requirement for crew 

members to be onboard 

Unmanned vehicle 

14 CFR § 91.109 Requirement for dual 

controls during flight 

instruction 

No one aboard to operate 

controls 

14 CFR § 91.119 Minimum altitudes for safe 

flight 

Safety requires operation 

below these altitudes 

14 CFR § 91.121 Altimeter settings No one aboard to read 

altimeter 

14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel 

14 CFR § 91.203 (a) & (b) Requirement for 

registration and 

airworthiness certificates to 

be onboard 

No one aboard to read 

certificates 

14 CFR § 91.205(b) Cockpit instruments No one aboard to read