Keegan	Kliman

PO	Box	1815	

Kings	Beach, CA	96143

keegankliman@yahoo.cm

(650)	521-2522

I,	Keegan	Kliman	of	372	Rim	Dr,	Tahoe	Vista,	CA	96148 and	Owner/Operator	

of	Flyman	Media,	am	writing	you	to	request	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). The proposed 

exemption would allow me to operate the PHANTOM 2 quad-copter unmanned aircraft 

system (UAS) to conduct aerial videography and cinematography to enhance awareness 

for those individuals and companies unfamiliar with the geographical layout of the 

Tahoe/Truckee area and augment real estate listing and resort promotional videos.

I request relief from the following regulations:

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 91.7(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 unairworthy mechanical, electrical, or structural conditions 

occur. 

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 91.103(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. 

Section 91.109(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. 

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 power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. 

(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. 

(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. 

(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.” 

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.

Supporting Information:

At the end of this document, I have included: 1) Supplemental Response for Petition, 2) 

PHANTOM Flying Flow Chart V1.0, PHANTOM Quick Start Manual v1.7, 3) 

PHANTOM 2 User Manual 4) restricted areas map, and 5) personal safety protocols and 

controls.

Unmanned Aircraft System

I plan to operate a UAS, the PHANTOM 2, 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 electric motors powered by batteries. The UA has a maximum 
airspeed of 30 knots. I plan to attach a small ultra-lightweight GoPro Hero 3 camera to 

my UA and operate the UA over various areas near Lake Tahoe, California to enhance 

geographical awareness and augment real estate listing and resort promotional videos. I 

will follow these operational enhancements to ensure this exemption will provide a level 

of safety at least equal to existing rules:

• I	will	only	operate	in	reasonably	safe	environments	that	are	strictly	

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

populated	areas.

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

safety	carries	primary	importance.	

I believe that given the size, weight, speed, and limited operating area associated with the 

aircraft, 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). 

I request an exemption from § 45.23 Marking of the aircraft because my UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, I will mark my UAS in the 

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

by § 45.29(f) so that I or anyone assisting me as a spotter will see the markings. 

I believe 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, as a safety precaution I will 

perform a preflight inspection of my UAS before each flight as outlined in my operating 

documents. 

UAS Pilot in Command (PIC)

I	assert	that	under § 61.113 (a) and (b) private pilots are limited to noncommercial 

operations, however I can achieve an equivalent level of safety as achieved by current 

regulations because my UAS does not carry any pilots or passengers. Further, while 

helpful, a pilot license will not ensure remote control piloting skills. 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 I request an exemption from § 61.113 Private 

Pilot Privileges and Limitations: Pilot in command. 

Regarding UAS operational training, I have 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 weather 

conditions. 

In a supplemental request to the FAA, I request consideration of a 120 day temporary 

airman certificate in accordance with § 63.13, to allow me time to obtain a private pilot 
certificate or to allow the FAA time to establish minimum UAS airman certification 

standards. 

UAS Operating Parameters

I will abide by the following additional operating conditions under this exemption: 

• operate my 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 my UAS prior to the manufacturer’s recommended minimum level of 

battery power; 

• operate my 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 my 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

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. 

§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 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 my aircraft and given it’s size, this regulation is 

inapplicable. I assure you that an equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the UAS ground station. 

§ 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows 

helicopters to be operated at lower altitudes in certain conditions. I will not operate my

UAS above the altitude of 300 feet above ground level (AGL) and will also only operate 

in safe areas away from the public and traffic, thus “providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes.” Given the size, 
weight, maneuverability, and speed of my UAS, an equivalent or higher level of safety 

will be achieved. 

§ 91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS with a 

barometric sensor. 

Public Interest

Aerial videography for geographical awareness and real estate and resort marketing has 

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

small business owners, its expense has been cost-prohibitive. Granting this exemption 

would allow me to provide this service at a much lower cost. My small UAS will pose no 

threat to the public given its small size and lack of combustible fuel when compared to 

larger manned aircraft. The operation of my UAS will minimize ecological damage and 

promote economic growth by providing information to companies and prospective 

homeowners looking to relocate or build in the Tahoe/Truckee area.
Phantom Flying Flow Chart:
Phantom	Quick	Start	Manual:
Phantom	2	User	Manual:	See	attached.

Restricted	Areas Map:

United	States:

West	Coast:
Personal	Safety	Protocols	and	Controls:

Pre-flight:

- Check	batteries,	and	make	sure	to	only	use	fully	charged	batteries.

- Check	and	install	all	propellers	manually	before	each	flight.

- Set	up	a	warning	sign	at	each	shoot	that	says,	“Attention	Aerial	Photography	in	

Progress:	Remain	Back	150	Feet”

- Check	batteries	and	ensure	functionality of	remote	control	and	POV	screen.

- Check	connection	of	transmitter	and	receiver	for	POV	screen.

- Check	to	make	sure	all	software	for	Phantom	2 and	Gimbal	is	up-to-date

During	Flight:

- Only	have	Phantom	2	in	the	air	for	3-7	minutes	per	flight/battery.	(Battery	life	is	20-25	

minutes	on	full	charge)

- Operate	Phantom	2	only	within	visual	line	of	sight.

- Use	GPS	system	to	ensure	safe	landing	should	the signal	from	the	remote	control	be	

lost.

- Operational	hours	will	be limited	to	daylight	hours (between	dawn	and	dusk).

- Only	operate	in	favorable	weather:	wind	speeds	less	than	10	mph,	no	precipitation,	and

good	visibility.