7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

Date: 02/01/2016

U.S. Department of Transportation Docket Management System 1200 New Jersey 

Avenue SE Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

This petition is being submitted on our behalf without legal counsel or consulting 

services. 

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

Act), and 14 C.F.R. Part 11, Lensology LLC, a full service photography and video 

production company, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft 

System (sUAS) (UAS FAA Certificate Number FA37KHN99T) commercially in airspace 

regulated by the Federal Aviation Administration (FAA) so long as such operations are 

conducted with and under the conditions outlined herein or as may be established by the 

FAA as required by Section 333. 

The requested exemption would permit Lensology LLC to pursue its commercial 

interests in providing services to clients using a small advanced sUAV in the following 

areas: 

• Real Estate

• Marketing

• Surveying

• Industrial

• Special Events 

Lensology LLC states that all sUAS flights will occur over private or controlled access 

property will do so with the property owner’s consent and knowledge and that only 

people who have consented or otherwise have agreed to be in the area where 

videography will take place. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

Regulations from which exemption is requested: 14 C.F.R. Part 21 

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417 

Unmanned Aircraft System 

sUAVs are often seen as superior to helicopters as an aerial photo/video gathering 

platform due to the smaller devices cheaper equipment and personnel cost, no 

inflammable fuel, reduced noise and as such, a much smaller environmental impact, all 

of which promotes public safety. 

This exemption would permit commercial operation by Lensology LLC, which uses DJI’s 

Phantom 3 Professional, (UAS FAA Certificate Number FA37KHN99T) to conduct sUAS 

education, real estate photography, and videography, survey photography, and 

videography, film and movie production, and demonstration flights.

Lensology LLC’s operation under the exemption will be subject to strict operating 

requirements and conditions to ensure an equivalent level of safety to currently 

authorized operations using manned aircraft and under conditions as may be modified 

by the FAA as required by Section 333.2 

These specifications meet with the Model Aircraft Operating Standards as set below: 

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are ‘sufficient distance’ from populated areas within the sterile 

area described in the FOPM. Such operations will ensure that the sUAS will “not create 

a hazard to users of the national airspace system or the public.” 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

• When flying the sUAS within three (3) miles of an airport, airport operators will be 

notified and the operator will give the right of way to avoid flying in the proximity of fullscale aircraft. Maximum flight time for each operation will be 30 minutes. 

• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve 

flight time to safely land the sUAS. 

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 

feet AGL, and not more than 200 feet above an elevated platform from which 

videography is planned. 

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, 

and the camera operator. 

• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload 

(i.e. camera, lens, and stabilized gimbal). 

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within which it 

will operate, Lensology LLC’s operations adhere to the Reform Act’s safety 

requirements. 

Under the requested exemption, Lensology LLC ensures all operators have completed 

sUAS education and training programs including all applicable regulations and guidance 

documents; including aeronautical background information such as charts, NOTAMS 

and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew 

Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and 

Decisionmaking and Safe Operations Procedures. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

We respectively request exemption under Section 333 to enable Lensology LLC to 

operate efficient, limited, low-risk commercial sUAS operations for the activities stated 

respecting at all times the space and privacy of citizens and property while keeping 

airspace safe. 

Sincerely submitted, 

Gareth Thomas

Gareth Thomas

Director - Lensology LLC

7510 Sunset Blvd #1401,

Hollywood CA 90046, USA.
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Lensology LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 3 

under either, or both, of the following provisions: 21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development.Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new 

uses for aircraft.

(b) Showing compliance with regulations.Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including flights 

to show compliance for issuance of type and supplemental type certificates, 

flights to substantiate major design changes, and flights to show compliance with 

the function and reliability requirements of the regulations. Since the 

experimental certificate can be used 

(b) for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. 

Combined with the UA's light weight, being constructed primarily of carbon fiber 

and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an 

experimental airworthiness certificate is not appropriate for this application, then 

we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for 

an airworthiness certificate in general, citing the equivalent level of safety 

outlined in the previous paragraph. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

14 CFR 45.23 Display of marks; general and 45.29 Size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must display 

the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the 

cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word 

"EXPERIMENTAL" can be placed, but does have a registration number assigned to it by 

the FAA FA37KHN99T which will be displayed on the aircraft at all times as per FAA 

regulation.

We propose to achieve an extra level of safety by also including the word 

"EXPERIMENTAL" on the aircraft, where the PIC, VO and others in the vicinity of the 

aircraft while it is preparing for launch will be able to see the designation. Additionally, 

we feel that the permanent placard discussed in the previous paragraph will provide the 

aircraft's registration information at the ground station. Finally, we will display at the 

ground station a high contrast flag or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 

3/4 NM of the ground station, the banner should be visible to anyone that observes the 

aircraft and chooses to investigate its point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations.

The regulation provides that no person who holds a Private Pilot certificate may act as 

pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a 

private pilot to 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. Our 

proposed operations require that the PIC must hold at least a Private Pilot Certificate 

issued by the FAA and since the aircraft cannot carry passengers or property, we feel 

we meet the intent of 61.113 Subparagraph (b) even though the intent of this application 

is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement is 

to ensure that flight manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 

91.9, we propose that a current, approved sUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests. 

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System 

groundbased control station consists of a handheld radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate 

the single set of controls simultaneously. With both student and instructor having "handson" the controls during flight, this technique meets the intent 91.109 and provides an 

equivalent level of safety. 

91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated 

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

mission of the sUAS would be photography or survey of persons, vessels, vehicles or 

structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been 

obtained and careful preplanned has been performed. The aircraft will be operated at a 

low altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. Therefore we maintain that due to the small size of 

the UAS, the hazard to persons, vehicles and structures is minimal compared to manned 

aircraft, which should be considered in granting the exemption. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 

400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the sUAS onboard computer to the display screen held 

by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day vFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to 

fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide 

an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated 

and the maximum duration of flight from a single battery charge is 12 minutes with a 

20% reserve. Since the aircraft will never fly more than 3/4 NM from the point of 

intended landing, a full battery charge at launch will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word "fuel" and 

ask for an equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum 

gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an 

equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be colocated with the crew at the 

ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following 

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 

45.23. 
7510 Sunset Blvd #1401, CA, 90046, USA

Tel: 818 668 3304

Email: info@lensology.net

www.lensology.net

14 CFR Subpart E 91.401 91.417 Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. It is our intention that the PIC 

perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two 

hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, 

replacing a propeller, checking electrical connections and updating software and 

firmware for the onboard computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size, construction, and simplicity of the 

aircraft, the PIC can ensure an equivalent level of safety.