wrk2play productions, llc

2085 South 50 East

Wanship, Utah 84017

United States of America

Department of Transportation

Federal Aviation Administration

Washington, D.C. 20591

wrk2play productions, llc petitions for a Grant of Exemption so that the company can 

conduct aerial photography, videography and cinematography for companies/individuals seeking 

such service. It is in the best interest of the community and the company to have the exemption 

granted so that all flights are conducted in a safe, lawful and responsible manner. Specifically we 

request an 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). These flights would be conducted using either a DJI Phantom Pro 3 or a Yuneec Electric 

Aviation Typhoon Q5004K, both aircraft having integral gimbals and cameras. Future aircrafts

to be used could include a DJI Inspire, DJI Inspire Pro, DJI Spreading Wing 900, DJI Spreading 

Wings 1000, Yuneec Electric Aviation H920, 3DR Solo and Yuneec Electric Aviation Typhoon 

H.

With Safety being our primary goal, we look at this operation as a safer alternative to 

operating larger petroleum powered aircraft requiring airborne crewmembers. To ensure that we 

can meet those requirements we will make sure that all our PICs have at least a private pilots 

certificate with a current FAA class 3 physical or a current and valid state drivers license. In

addition we will insist that all PICs go through our ground training program that will cover the 

operation of the specific UAS they will be operating, weather requirements, UAS system 

operations both normal and emergency. The training will also cover the importance of 

documenting both the flight hours of the PIC and the UAS. Special emphasis will be put on 

documenting any and all maintenance discrepancies and the importance of properly documenting 

the resulting corrective action prior to any flight. In addition, we believe that every PIC needs to 

have accumulated at least 5 hours of UAS time. To maintain proficiency we will make sure the 

PIC makes at least 3 take offs and landings within a 90-day time frame and all these 

requirements will be documented in the Pilots logbook. To ensure we do not interfere with any 

other manned aircraft we will not fly above 400' or within 5 miles of any airport unless we are in 

radio contact with the control tower or prior coordination. To ensure all are known of our 

presence, we will post all flights on NOTAMS when conducting commercial operations and will,

advise all local residents if applicable of impending flights. On the day of the flight we will post 

signage indicating that a UAS flight is in the immediate area. As for the actual UAS operation 

we will require that all PICs complete a preflight safety check of the UAS that will ensure all

components of the system work as required.

Part 21 prescribes the procedural requirements for issuing and changing design approvals, 

productions approvals, airworthiness certificates, and airworthiness approvals 2.
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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.

Because of the size of the aircraft, we propose to install the “N” on the fuselage but do 

not think there is adequate space to also place any of the categories mentioned

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.

Since we will not be carrying any passengers or property for compensation we believe a 

private pilot can carry out the responsibilities of the PIC.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy 

condition.

An exemption is requested to 91.7(a) because the UAS does not have to receive an 

airworthy condition by the FAA.

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 un airworthy mechanical, electrical, or structural conditions occur.

We will terminate any flight when the aircraft becomes un-airworthy with mechanical, 

electrical or structural conditions. There is no exception.

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.

There is no FAA approved manual for the Phantom 3/Q5004K but we are submitting the 

following that we feel will suffice. Quick start checklist and user manual and basic frequency 

information approved by the FCC.
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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.

The Phantom 3/Q5004K does not use any runway for take off and the company policy is 

that the Phantom 3/Q5004K will remain clear of all ramps, taxiways and runways associated 

with any airport if applicable.

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.

The Phantom 3/Q5004K does not have dual flight controls and all instruction is via the 

one controller. We therefore request an exemption from this requirement.

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.

We will not operate the Phantom 3/Q5004K near any power lines, light posts or any other 

powered obstacle unless requested in the form of a COA.

(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.

We will not operate the Phantom 3/Q5004K over any congested areas.

(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.

Because of small size of the Phantom 3/Q5004K and the fact that there is no fuel on board 

we believe as how we offer no risk to flying less than 500 feet in other than congested areas. 

We would like to operate like powered parachutes in that we will ensure that we do not 

present any hazard to persons or property on the surface. In addition we will ensure we have 

permission from the owner of any vehicle or property prior to getting within the 500 ft. area.

(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.
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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.”

The Phantom 3/Q5004K does not have a barometric altimeter but uses GPS signals to 

compute altitude. We will set the altitude to zero prior to take off so as to be able to know 

altitude above the ground at all times.

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.].

Since the Phantom 3/Q5004K does not carry fuel but uses battery power we request the 

following. The battery on the Phantom 3/Q5004K has lights that come on when the battery is at 

30% power and we would like to use that as the planning to return for a safe landing. Most of 

our flights will not exceed 10-20 minutes in flight and since the battery has a normal 25-minute

range this 30% factor should provide a safe return point. We will ensure that all flights consider 

winds in determining their return point as they could have a head wind on return.

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).

An exemption is requested for the airworthiness requirement since the Phantom 

3/Q5004K does not have an airworthiness certificate.

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.

Since there is no requirement for an airworthiness certificate for the Phantom 3/Q5004K 

this requirement would not be appropriate. In addition because of the size of the aircraft there is 

just not a place to display the certificate.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have the

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.4

There is no approved maintenance program for the Phantom 3/Q5004K but we will 

ensure that it goes through a complete post flight inspection after every flight.
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Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alternation unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter.

After any maintenance that requires change of engine or propeller that aircraft will 

undergo a test flight by the PIC in a remote unpopulated area to ensure the aircraft is operating 

safely.

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.

After any maintenance that requires change of engine or propeller that aircraft will 

undergo a test flight by the PIC in a remote unpopulated area to ensure the aircraft is operating 

safely.

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 alternation 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.5

(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 

alternation to the airframe and currently installed engines, rotors, 

propellers, and appliances.
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(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.

We will maintain an aircraft logbook and electronic telemetry that will reflect all flight 

time on the UAS, any and maintenance performed on the UAS. There are no life-limited parts on 

the Phantom 3/Q5005K, no system of AD. If we are notified by the manufacture (DJI) (Yuneec 

Electric Aviation) that there is a discrepancy we will rectify it and annotate prior to the next 

flight if it relates to flight safety.

wrk2play productions, llc provides the following supporting documentation including pre-flight 

checklists for the Phantom 3 and Q5004K, original manufacture instruction guides and (all 

Radio Frequency Spectrum chart referred to as operating documents).

Unmanned Aircraft System

wrk2play productions, llc plans to operate a UAS, the PHANTOM 3/Q5004K, which is 

comprised of an unmanned aircraft (UAS or Phantom 3/Q5004K) and a transportable ground 

station. The Phantom 3/Q5004K is referred to as a quad-copter with a maximum gross weight of 

about 3-4 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.

 wrk2play Productions will only operate in reasonably safe environments that are strictly 

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

areas; and

 wrk2play Productions will conduct extensive preflight inspections and protocols, during 

which safety carries primary importance.

wrk2play productions, llc states that given the size, weight, speed, and limited operating area 

associated with the aircraft to be utilized by him, 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). Petitioner requests an 

exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, cockpit or 

pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering 

is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, wrk2play productions states that he will mark his UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required by §
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45.29(f) so that he or anyone assisting him as a spotter will see the markings. The petitioner 

states 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, wrk2play productions states as a safety precaution he 

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

documents.

UAS Pilot in Command (PIC)

wrk2play productions asserts that under § 61.113 (a) and (b) private pilots are limited to 

noncommercial operations, however he can achieve an equivalent level of safety as achieved by

current regulations because his UAS does not carry any pilots or passengers. Further while 

helpful, a pilot license will not ensure remote control piloting skills. We believe that 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 he requests an exemption from § 61.113 Private Pilot Privileges and 

Limitations; Pilot in command.

Regarding UAS operational training, wrk2play productions has 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. He further states that he practices computerized simulated flights to maintain 

adequate skills and response reflex time. The PIC(s) for wrk2play productions currently hold an 

FAA Airman’s certificate with a current Utah State driver’s license and/or class 3 medical or 

higher.

UAS Operating Parameters

wrk2play productions, llc will abide by the following additional operating conditions under this 

exemption:

 Operate the UAS below 400 feet and within a radium distance of 1500 feet (Within 

VLOS) from the controller to aid in direct line of sight visual observation.

 Operate the UAS for 10-15 minutes per flight.

 Land the UAS prior to the manufacturer’s recommended minimum level of battery 

power;

 Operate the UAS only within visual line of sight (VLOS);

 Use the UAS’ global positioning system (GPS) (GLONASS) flight safety feature 

whereby it hovers and then slowly lands if communication with the remote control pilot 

is lost;

 Conduct all operations under his own personal and flight safety protocols (including 

posting a warning sign reading: “Attention Aerial Photography in Progress – Remain 

Back 25 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 his 

estimated flight time, flight duration, elevation of flight and other pertinent information;

 Always obtain all necessary permissions prior to operation; and
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 Have procedures in place to abort flights in the event of safety breaches or potential 

danger.

wrk2play productions, llc states that § 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. wrk2play productions asserts that since there is currently no certificate 

applicable to this sUAS, this regulation isn’t applicable. 91.9(b)(2) requires an aircraft flight 

manual in the aircraft, however since there are no pilots or passengers on board his aircraft and 

given its size, this regulation isn’t applicable. wrk2play productions can maintain an equivalent 

level of safety by maintaining the sUAS and included ground stations.

Public Interest

Aerial videography and photography for geographical awareness, personal use and for real estate 

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 to 

wrk2play productions would allow us to provide this service at a much lower cost. Further small 

UAS will pose no threat to the public given its small size and lack of combustible fuel when 

compared to larger manned aircraft. Operation of this UAS will minimize ecological damage and 

promote economic growth by providing information to companies and individuals within the 

State of Utah and the United States of America.

______________________

Sean G. Price

Operations Officer/Pilot

wrk2play productions, llc

2085 South 50 East

Wanship, Utah 84017

435-336-4020

seangprice@gmail.com

wrk2playpc@gmail.com