July 27, 2015

Exemption No. 12170

Regulatory Docket No. FAA–2015–1701

Mr. Mark Wolf

Mr. Steve Tippmann

Tippmann Construction

9009 Coldwater Road

Fort Wayne, IN 46825

Dear Messrs. Wolf and Tippmann:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 30, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Tippmann Construction (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial data 

collection.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the 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.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision + and DJI Phantom 3.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your 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), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (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.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

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

delegated to me by the Administrator, Tippmann Construction is 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 the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the 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.
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Conditions and Limitations

In this grant of exemption, Tippmann Construction is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision + and DJI Phantom 3 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman 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. The PIC must 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.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

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

flight operations are considered nonparticipants, and the PIC must operate the UA 

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

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 30, 2015

Mark Wolf

Steve Tippmann

Tippmann Construction

9009 Coldwater Road

Fort Wayne, IN 46825

(260) 490-3000

mwolf@tippmanngroup.com

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request – Section 333 of the FAA Modernization and Reform Act of 2012

Attachments:

1) Phantom 2 Vision + User Manual V1.6

Dear Sir or Madam,

The purpose of this letter to you today is to petition the Federal Aviation Administration for an 

exemption from certain Federal Aviation Regulations in order for Mark Wolf and / or Steve Tippmann to 

operate an Unmanned Aerial System (UAS) to perform aerial photography and video for real estate 

development and construction progress and sites in the United States. As representatives of Tippmann 

Construction, we would like to be able to utilize a UAS to enhance our company’s documentation and 

marketing of our projects. We have already logged more than 15 hours of flight time as hobbyists with 

the specific UAS that is the subject of this petition.

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section 

333 of the FAA Modernization and Reform Act of 2012, We, Mark Wolf, Steve Tippmann, and 

Tippmann Construction, are submitting the following information with our request:

Petitioner(s): Mark Wolf

Steve Tippmann

Tippmann Construction

9009 Coldwater Road

Fort Wayne, IN 46825

(260) 490-3000

mwolf@tippmanngroup.com
Description of Operations

A. The UAS that is the subject of this Petition

a. DJI Phantom 2 Vision +

b. DJI Phantom 3

Tippmann Construction currently owns a DJI Phantom 2 Vision + with a serial number of PH645385324, 

including the DJI factory mounted camera, along with the associated remote control unit, and DJI Vision 

app for iPhone which provides a first person view of what the camera is seeing in real time. This unit is a 

quad-copter with an advertised weight of 1,242 grams (including battery and propellers). Similar units 

have been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / Unmanned 

Aerial Solutions, Exemption No. 11445, Regulatory Docket No. FAA-2015-0143; Daniel Achatz / 

Exemption No. 11434, Regulatory Docket No. FAA-2015-0201). The DJI Phantom 3 is not currently 

owned by Tippmann Construction, however, it will be purchased in the future to improve and enhance the 

aerial video and photography of our sites.

The associated remote control unit utilizes an operating frequency of 5.728 GHz – 5.85 GHz and a Range 

Extender that utilizes an operating frequency of 2412-2462 MHz. The communication distance between 

the remote control unit and the Phantom is 800m. The UAS also is equipped with a fail-safe return-tohome mode in the event that the link between the aircraft and the remote control ground station is lost. 

The UAS can operate for approximately 20-25 minutes on a fully charged battery.

B. The UAS Pilot(s) in Command

Mark Wolf and Steve Tippmann have made numerous flights as hobbyists with this aircraft, accumulating 

more than 15 hours of flight time with the Subject UAS.

C. UAS Operating Parameters and Intended Flight Profile

Mark Wolf is a Marketing professional and has been the primary photographer for Tippmann 

Construction for more than 12 years. He has traveled the country visiting job sites, active construction 

projects, and completed warehouses photographing these projects and facilities from all angles. Steve 

Tippmann is the Executive Vice President at Tippmann Construction and also has more than 10 years of 

experience as a hobbyist photographer, while also frequently photographing projects for Tippmann 

Construction. Safety is the top priority when visiting these sites, whether photographing from the ground 

or the air.

The following UAS Operating Procedures will be adopted and followed each time the UAS is flown:

1. All flights will be flown below 300 feet and within a radius distance of 800 feet from the 

remote control ground unit.

2. The Pilot In Command will have direct line of sight visual observation of the UAS at all 

times, and will operate the UAS only within direct line of sight.

3. There will be times when the UAS is flown in close proximity, within 20-25 feet of the 

structure under construction or a completed building. When this occurs, the UAS will be 

operated at less than 3 miles per hour.
4. Prior to the start of a flight, a pre-flight checklist will be thoroughly completed. This includes 

verifying a GPS lost-link procedure which will safely return the UAS in the event of a loss of 

communication between the aircraft and the remote control, as well as other standard safety 

checks and compass calibration as recommended by the manufacturer. Specific weather 

conditions are also addressed at this time, and the UAS will not be flown in adverse weather 

conditions, such as heavy wind, rain or snow.

5. If the need arises for a flight to be within 5 miles of an airport, the flight will only occur after 

permission has been granted by the appropriate control tower.

Sections of 14 CFR From Which Petitioner is Seeking an Exemption

14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness 

Certificates

14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness 

Certification

14 CFR § 45.23 Display of marks; general

14 CFR Part 61 Certification: Pilots, Flight Instructors and Ground Instructors

14 CFR § 91.7 Civil Aircraft Airworthiness

14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard 

Requirements

14 CFR § 91.103 Preflight Action

14 CFR § 91.105 Flight Crewmembers at Stations

14 CFR § 91.109 Flight Instruction

14 CFR § 91.119 Minimum Safe Altitudes: General

14 CFR § 91.121 Altimeter Settings

14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions

14 CFR § 91.203 Civil Aircraft: Certifications Required

14 CFR § 91.207 Emergency Locator Transmitters

14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations

Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H – FAR Part 21 establishes the procedures for issuance of certificates of 

airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the 

FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the 

requirements of this part because the size, weight, speed, operational capability and proximity to airports 

in which the UAS will be flown pose significantly less of a risk than those risks posed by conventional 

aircraft. Manned aircraft pose risks to the life and safety of the crew; that is not a consideration with the 

subject UAS. Risks to third parties are also minimized given the lightweight and slow speed at which the 

Subject UAS would operate. Nor are there risks of fuel spilling or fire in the event of an accident. 

Because of these factors, the petitioner requests that the FAA waive the requirement that the subject UAS 

require an airworthiness certificate.

14 CFR Part 36 – FAR Part 36, Subparts A, F and O establish certain noise standards for certification of 

various aircraft types. Because the subject UAS would not have an airworthiness certificate, and given its 

small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36.
14 CFR § 45.23 – FAR 45.23 establishes marking requirements for aircraft; paragraph (b) mandates the 

registration number be displayed in letters not less than two inches in height. The subject UAS is too 

small to accommodate the type-size requirement. The petitioner request and exemption from this part.

14 CFR Part 61 – FAR Part 61 sets forth the certification requirements for pilots. Because the subject 

UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the 

petitioner requests an exemption from FAR Part 61, that would allow him to operate the subject UAS for 

aerial video and photography projects. Both petitioners on this request currently hold a valid TWIC 

(Transportation Worker Identification Credential) card, and have gone through the necessary background 

checks by the TSA in order to determine that neither Mr. Wolf nor Mr. Tippmann pose a threat to national 

security.

14 CFR § 91.7 – FAR 91.7 – (a) No person may operate an aircraft unless it is in an airworthy condition. 

To the extent that “airworthy” is defined as requiring an airworthiness certificate, the petitioner requests 

an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 

14 CFR Part 21, Subpart H. Petitioner will not, however, operate the subject UAS if it is not in a 

condition for safe flight, as required under FAR 91.7 (b).

14 CFR § 91.9 – FAR 91.9 – requires that all aircraft have certain markings, placards and on-board flight 

manuals. Petitioner requests an exemption from this requirement for the same reasons as stated in in 

petitioner’s request for exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.103 – FAR 91.103 – mandates certain pre-flight action. Petitioner will take all necessary 

pre-flight action, but requests an exemption from this requirement based on the interpretation of this 

requiring pre-flight actions that are appropriate to manned aircraft only.

14 CFR § 91.105 - FAR 91.105 – requires that crewmembers be at designated stations, with safety belts 

fastened, etc. Petitioner requests an exemption to this due to the fact that the subject UAS is unmanned.

14 CFR § 91.109 – FAR 91.109 – requires that persons operating an aircraft for flight instruction may not 

do so unless that aircraft has fully functioning dual controls. Petitioner requests an exemption due to the 

fact that the subject UAS does not have a second controller or dual control capability, which is consistent 

with other, similar UAS units.

14 CFR § 91.119 – FAR 91.119 – indicates the minimum safe altitudes over various areas. Petitioner 

requests an exemption to this, due to the fact that the subject UAS is intended to be a low-flying device in 

order to capture aerial video and photography.

14 CFR § 91.121 – FAR 91.121 – requires various altimeter settings in order to maintain a level flight. 

Petitioner requests an exemption from this FAR as the subject UAS will not have an altimeter that 

matches the requirements of this FAR. Altitude will be monitored through the DJI Vision app, and the 

unit will be kept below 300 feet as designated by the indications within that app.

14 CFR § 91.151 – FAR 91.151 – sets forth requirements for amount of fuel on any given flight. 

Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. The 

subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining.

14 CFR § 91.203 – FAR 91.203 – requires that a civil aircraft have an airworthiness certificate and a 

registration certificate. Petitioner requests an exemption from this FAR because of the reasons stated in 

petitioner’s request for an exemption under 14 CFR Part 21, Subpart H.
14 CFR § 91.207 – FAR 91.207 – prohibits operation of a US – registered aircraft unless it is equipped 

with an emergency locator transmitter. Given the limited distance of flights with the subject UAS, and 

the fact that it will be flown with direct line of sight visibility, petitioner requests an exemption from this 

FAR.

14 CFR § Part 91, Subpart E – requires that owners or operators of aircraft have the aircraft inspected at 

certain intervals, and by certain mechanics. Petitioner requests an exemption from this Subpart because 

the subject UAS has a maintenance and trouble-shooting program that is best executed by the 

owner/operator and is different from that of manned aircraft.

How this request would benefit the public

Aerial photography and video normally require the use of a manned aircraft, either a small airplane or 

helicopter, adding to already congested airspace. Use of a low-flying and slow moving UAS does not 

significantly impact the airspace as it is flown at a lower altitude and is more maneuverable and precise 

than larger, manned aircraft. This also enhances safety around the area being photographed, while also 

reducing environmental impacts caused by emissions from manned aircraft.

Operations with this UAS will serve property owners a better perspective for progress, details and 

benefits of the subject being photographed which cannot be achieved by taking photographs from the 

ground or at higher altitudes in a manned aircraft. Low level aerial photography, as provided by a UAS is 

also a valuable marketing tool that can lead to increased business. This type of photography can also 

improve work site efficiency in the construction industry by providing a perspective that cannot be seen 

through other efforts.

Why this exemption will not adversely affect safety

A pre-flight checklist will be performed prior to each flight to ensure the subject UAS is working properly 

before taking flight. Because the subject UAS is battery powered and does not carry any flammable fuels, 

there is little to no risk of fire in the event of an accident. The unit will also always be within a direct 

visual line of sight of the operator of the aircraft, in order to prevent the subject UAS from flying too 

close to any structure or people near the site being flown. 

The subject UAS is a very small aircraft, weighing less than 5 pounds, and the likelihood of damage to 

property or injury to an individual in the event of a mishap is extremely low. Aerial photography in 

general is still utilized very often, and the risk associated with using the subject UAS is significantly 

lower than the risk of traditional aerial photography using an airplane or helicopter.

The subject UAS also has a lost-link fail safe function that is a part of the system, allowing the unit to 

return to its home base if the link between the remote controller and the unit is lost.

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012:

Petitioner is seeking an exemption from the following Federal Aviation Regulations:

14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 

14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 

14 CFR § 91.121 ; 14 CFR § 91.151 ; 14 CFR § 91.203 ; 14 CFR § 91.207 ;

14 CFR Part 91, Subpart E
Description of the exemption being sought:

The petitioner seeks an exemption from the above-referenced Federal Aviation Regulations to 

conduct aerial photography using a small, light unmanned aircraft for the purpose of acquiring 

photo and video documentation of real estate development and construction progress and sites in 

order to provide these images and videos to the owners or representatives of these properties.

Conclusion

Mr. Wolf and Mr. Tippmann would like to thank the FAA for considering our request. Please do not 

hesitate to contact us if there is a need for additional information.

Respectfully Submitted,

 

Mark Wolf Steve Tippmann

Tippmann Construction Tippmann Construction

Petitioner Petitioner