April 24, 2015

 Exemption No. 11431

 Regulatory Docket No. FAA–2015–0169

Mr. Jeffrey Hug

dba jeffhug360

3007 South 104th Avenue

Omaha, NE 68124

Dear Mr. Hug:

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.

The Basis for Our Decision

By letter posted to the public docket on January 26, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Jeffrey Hug dba jeffhug360 (hereinafter petitioner or 

operator) for an exemption. The exemption would allow the petitioner to operate an 

unmanned aircraft system (UAS) to conduct business photography, providing panoramic 

“business view” services to businesses and panoramic or single photographs or videos.

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 is a Phantom Vision 2 Plus.
2

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 

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 collection. 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, Jeffrey Hug dba jeffhug360 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.

Conditions and Limitations

In this grant of exemption, Jeffrey Hug dba jeffhug360 is hereafter referred to as the operator.
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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 Phantom Vision 2 

Plus 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, 

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 
4

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.

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 
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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.

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.
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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.

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.
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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.

This exemption terminates on April, 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
Jeffrey Hug 402-452-7371

U. S. Department of Transportation Docket Management System1200 

New Jersey Ave., SE Washington, DC 20590

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

2012 ("Reform Act") and 14 C.F.R. Part 11, Jeffrey Hug dba jeffhug360 

("Petitioner"), a photographer and videographer, hereby applies for an 

exemption from Federal Aviation Regulations ("FARs") identified 

below, to allow commercial operation of small unmanned aerial vehicles 

(i.e., small unmanned aircraft systems or "sUAS").

This exemption is in accordance with protocols outlined in this petition 

for exemption, the sUAS manufacturer's operations and/or instructions 

manual ("Aircraft Operations Manual"), and any other requirements 

established by the FAA pursuant to Section 333 of the Reform Act.

 
Re: Petition of Jeffrey Hug for Exemption Pursuant to Section 333 of the 

FAA Reform Act 

EMAIL ADDRESS info@jeffhug360.com

For your convenience, this petition is organized as follows:

I. Petitioner's Description 

II. Relevant Statutory Authority 

III. Qualification for Approval Under Section 333 of the Reform 

Act 

IV. Description of Proposed Operations 

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates & 

14 C.F.R. § 91.203(a)(1). 

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal 

Category Rotorcraft. 

C. Aircraft Marking and Identification Requirements: 14 

C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

D. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and 

Limitations: Pilot in Command. 
E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft. 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

G. 14 C.F.R. § 91.103: Preflight Action. 

H. 14 C.F.R. § 91.109(a): Flight Instruction. 

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes. 

J. 14 C.F.R. § 91.121 Altimeter Settings. 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions. 

L. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft 

Certification and Registration. 

M. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 

(a) & (b): Maintenance Inspections. 

VI. Public Interest 

VII. Privacy 

VIII. Federal Register Summary 

IX. Conclusion 

November 13, 2014 Page 3
I. Petitioner's Description

Petitioner is the sole proprietor of a photographic and video company 

("jeffhug360"), a photography and video service provider based in 

Omaha, Nebraska. Petitioner is a Google certified business 

photographer, providing panoramic “business view” services to 

businesses. Petitioner would like to expand this service to include 

panoramic or single photographs or videos.

Petitioner has been a professional photographer for 17 years, and a 

university professor on the subject for 8 years.

Consistent with the requirements of 14 C.F.R. § 11.81(a), Petitioner 

provides the following information in support of its petition for 

exemption:

The name and address of the Petitioner is:

Jeffhug360Attn: Jeffrey Hug3007 south 104th avenue, Omaha, NE, 

68124. Phone: 1-402-452-7371Email: info@jeffhug360.com

 
II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in 

passing Section 333(a) through (c) of the Reform Act. In the Reform 

Act, Congress directed the FAA "to safely accelerate the integration of 

civil unmanned aircraft systems into the national airspace system" and, 

under Section 333 of that law, directed the Secretary of Transportation 

("FAA Administrator") 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.3

In making this determination, the Secretary is required to determine 

which types of sUASs 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 sUAS's size, weight, speed, and operational capability; 

 Operation of the sUAS in close proximity to airports and 

populated areas; and 

 Operation of the sUAS within visual line of sight of the operator.4 

If the Secretary 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" 

(Emphasis added).5 In addition, the FAA Administrator has general 

authority to grant exemptions from its safety regulations and minimum 

standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of 

exemptions from a requirement of regulations prescribed pursuant to 

section 44701(a)(b) and sections 4470244716). A party requesting an 
exemption must explain the reasons why the exemption: (1) would 

benefit the public as a whole, and; (2) would not adversely affect safety 

(or how it would provide a level of safety at least equal to the existing 

rules). See 14 C.F.R. § 11.81;! FAA, Petition for Exemptions. 

 
III. Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for 

expedited approval under Section 333 of the Reform Act. Each of the 

statutory criterial and other potentially relevant factors are satisfied.

The proposed operations would permit the use of small and relatively 

inexpensive sUAS under controlled conditions in airspace that is: (1) 

limited; (2) predetermined; (3) controlled as to access, and; (4) would 

provide an increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose.

Petitioner's sUASs are rotorcraft, weighting 55 or fewer lbs. including 

payload. They operate, under normal conditions, at a speed of no more 

than 27 knots and have the capability to hover, and move in the vertical 

and horizontal plane simultaneously.

Petitioner's sUASs will operate in line-of-sight and will operate only 

within a sterile area described in the enclosed Manual.6 Such operations 

will insure that the sUAS will "not create a hazard to users of the 

National Airspace System or the public."7

4 Id. at § 333(b)(1).5 Id. § 333(c).6 

 
Given the small size of the sUASs involved and the restricted sterile 

environment within which they will operate, this petition for exemption 

falls squarely within that zone of safety i.e., an equivalent level of 

safety, in which Congress envisioned that the FAA must, by exemption, 

allow commercial operations of sUASs to commence immediately. Also, 

due to the size of the sUASs and the restricted areas in which the sUASs 

will operate, approval of the application presents no national security 

issue.

Considering the clear direction in Section 333 of the Reform Act, the 

authority contained in the Federal Aviation Act, as amended, the 

equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with 

allowing sUASs for the proposed operations, the grant of the requested 

exemptions is also in the public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the 

requested exemption without delay.

 
IV. Description of Proposed Operations

The enclosed Manual describes, in detail, the policies and procedures for 

Petitioner's proposed sUAS operations. To assist the FAA in its safety 

assessment of Petitioner's proposed sUAS operations, below is a 

summary of operational limitations and conditions which will ensure an 

equivalent or higher level of safety to operations conducted under 

current regulatory guidelines:

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line-of-sight of a pilot and/or 

observer. 

3. Maximum total flight time for each operational flight will be 

25 minutes. Flights will be terminated at 25% battery power reserve 

should that occur prior to the 25 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet 

above ground level ("AGL"). 

5. Minimum crew for each operation will consist of the sUAS 

Pilot and an Observer. 

The sUAS pilot will be Pilot in Command (PIC). If a pilot certificate 

holder other than the sUAS Pilot is present and possesses the necessary 

PIC qualifications, that person can also be designated as PIC.

A briefing will be conducted in regard to the planned sUAS operations 

prior to each day's activities. It will be mandatory that all personnel who 

will be performing duties within the boundaries of the safety perimeter 

be present for this briefing.
Pilot and Observer will have been trained in operation of sUAS 

generally and will have received up-to-date information on the particular 

sUAS to be operated, as required in the Manual.

Observer and Pilot will at all times be able to communicate by voice 

and/or text. Written and/or oral permission from the relevant property 

holders will be obtained.

All required permissions and permits will be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire, 

or other appropriate governmental agencies.

If the sUAS loses communications or loses its GPS signal, the sUAS is 

equipped with advanced safety features that will allow the sUAS to 

automatically return to a pre-determined location.

The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

 
V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to 

issue exemptions. By its terms, this statutory authority includes 

exempting civil aircraft, as the term is defined under §40101 of the Act, 

including sUASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public 

interest.9

9 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a 

requirements of regulations prescribed pursuant to section 44701(a)(b) 

and sections 44702-44716).

Petitioner seeks an exemption from several interrelated provisions of 14 

C.F.R. Parts 21, 45 and 91 for purposes of conducting aerial 

photography and video using sUAS. Listed below are: (1) the specific 

sections of 14 C.F.R. for which exemption is sought; and (2) the 

operating procedures and safeguards that Petitioner has established 

which will ensure a level of safety equal to or better than the rules from 

which exemption is sought.10

 
A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates & 14 C.F.R. 

§ 91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, 

which establishes the procedural requirements for the issuance of 

airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given 

the size and limited operating area associated with the sUAS to be 

utilized by the Petitioner, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular sUAS.

In all cases, an analysis of these criteria demonstrates that the sUAS 

operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional rotorcraft operating with an airworthiness 

certificate without the restrictions and conditions of the proposed sUAS 

operations.

Equivalent Level of Safety

"The reasons why granting the exemption would not adversely affect 

safety, or how the exemption would provide a level of safety at least 

equal to that provided by the rule from which you seek exemption."

The sUAS to be operated hereunder weighs less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no explosive 
materials or flammable liquid fuels, and operates exclusively within a 

secured area. Unlike other civil aircraft, the proposed operations in this 

petition for exemption will be controlled and monitored by the operator, 

pursuant to the Manual's requirements.

These safety enhancements, which already apply to civil aircraft 

operated in connection with existing inspection operations, provide a 

greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued 

under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security 

posed by the sUAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.

 
B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category 

Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for 

airworthiness certification of normal category rotorcraft. To the extent 

the Petitioner's sUASs would otherwise require certification under Part 

27, as a rotorcraft, Petitioner airworthiness standards for the same 

reasons identified in the exemption request from 14 C.F.R. Part 21, 

Subpart H.

 
C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 

91.9(c), 45.23(b) and 45.27(a).

This petition seeks an exemption from the aircraft marking and 

identification requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 

45.27(a).

14 C.F.R. § 91.9(c), Civil aircraft flight manual, marking, and placard 

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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.

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required 

by §45.23.

Exemption from § 45.23(b) is warranted because the sUAV has no 

entrance to the cabin, cockpit, or pilot station on which the word 

"Experimental" can be placed. Moreover, given the size of the sUAV, 
two-inch lettering would be impossible. The word "Experimental" will 

be placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, 

Petitioner requires relief from the associated marking and identification 

requirements of § 45.27(a) and § 91.9(c), which would require 

compliance with § 45.23(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and 

identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be 

provided by having the sUAV marked on its fuselage as required by 

§45.29(f) where the pilot, observer, and others working with the sUAV 

will see the identification of the sUAS as "Experimental." Additionally, 

Petitioner will ensure compliance with any requests of sUAS marking by 

the FAA.

The FAA has issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 

10167A.

 
D. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command.

This petition seeks an exemption from the private pilot privileges and 

limitations of § 61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as 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 61.113(a) limits private pilots to being in command of noncommercial flights. Section 61.113(b)(1) provides an exception that 

allows a private pilot to command an aircraft without passengers or 

property, in connection with business or employment if "[t]the flight is 

only incidental to that business or employment." That exception likely 

does not apply to the proposed operations under this petition for 

exemption, as the flights are not incidental to the proposed aerial 

photography and video but rather essential to it. Accordingly, this 

petition seeks an exemption to § 61.113(a)'s commercial limitation 
and/or § 61.113(b)(1)'s requirement that the flight be incidental to the 

business to benefit from the exception.

Equivalent Level of Safety

Because the sUAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety to § 61.113 (a) and 

(b), by requiring the PIC operating the sUAS to have training on 

operation of the sUAS as defined in the operation manual for the sUAS.

Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. Moreover, 

the area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance.

The risks associated with the operation of small, lightweight sUAS are 

diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing the proposed 

operations in this petition for exemption by requiring the PIC operating 

the sUAS to have training on operation of the sUAS as defined in the 

operation manual for the sUAS, and that the sUAS is remotely 

controlled with no living thing on board.exceeds the present level of 

safety achieved by § 61.113 (a) & (b).

 
E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft.This petition seeks an exemption from the flight manual 

requirements of 14 C.F.R. §

91.9(b)(2), which states:(b) No person may operate a U.S.-registered 

civil aircraft .. .

(2) For which an Airplane or Rotorcraft Flight Manual is not required by 

§21.5 of this chapter, 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.

Given its size, configuration, and load capacity, the sUAS has no ability 

to carry such a manual on the aircraft, not only because there is no pilot 

on board, but because there is simply no room or capacity to carry such 

an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally 

satisfied by maintaining the sUAS flight manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. 

Accordingly, Petitioner requests an exemption from § 91.9(b)(2)'s flight 

manual requirements, on the condition that the sUAS flight manual be 

available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.

 
F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which 

requires that a civil aircraft be in an airworthy condition to be operated. 

Inasmuch there will be no airworthiness certificate issued for the sUAS, 

should this exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness.

Equivalent Level of Safety

Given the size of the sUAS and the requirements contained in the sUAS 

manual for maintenance and use of safety checklists prior to each flight, 

an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.

 
G. 14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including 

information contained in the FAA- approved Flight Manual on board the 

aircraft. Inasmuch as an FAA approved flight manual will not be 

provided for the sUAS, an exemption will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the sUAS 

comprehensive preflight checklist. The PIC will take all actions, 

including reviewing weather, flight battery requirements, landing and 

takeoff distances, and aircraft performance data, before initiation of 

flight.

 
H. 14 C.F.R. § 91.109(a): Flight Instruction.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 

provides that person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has 

fully fully functioning dual controls. sUASs and remotely piloted 

aircraft, by their design do not have fully functional dual controls. 

Instead, flight control is accomplished through the use of a control box 

that communicates with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe 

training can still be performed without dual controls because no pilot or 

passengers are aboard the sUAS, and all persons will be a safe distance 

away should the sUAS experience any difficulties during flight 

instruction.

The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction 

in experimental aircraft. See Exemption Nos. 5778K & 9862A.

 
I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the 

minimum safe altitudes under which aircraft may not operate, including 

500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section § 

91.119(d)(1) allows for a hazard to persons helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA.

To provide the intended inspections, the sUAS will normally need to be 

operated within a range of approximately 50 feet from the subject being 

photographed or recorded. Accordingly, due to the nature of the 

proposed operations, the PIC and the designated spotter may at times be 

less than 500 feet away from structures during the operation, and an 

exemption is therefore required.

Additionally, the sUAS is prohibited from being flown at an altitude 

greater than 400 feet, so an exemption is therefore required. 

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than 

the maximum 55 lbs. proposed herein, and the lack of flammable fuel, 

any risk associated with these operations is far less than those presently 

presented with conventional aircraft. An equivalent level of safety will 

be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. The sUAS will be operated in a restricted 

area, where buildings and people will not be exposed to operations 

without their pre-obtained consent. No flight will be taken without the 

permission of the property owner and/or local officials. Because of the 
advance notice to the property owner and participants, all affected 

individuals will be aware of the planned flight operations. Furthermore, 

by operating at such low altitudes, the sUAS will not interfere with other 

aircraft that are subject to the minimum safe altitude regulations.

 
J. 14 C.F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which 

requires a person operating an aircraft to maintain cruising altitude or 

flight level by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. An exemption is required 

because the sUAS does not have a barometric altimeter, but rather a GPS 

altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the 

procedures set forth in the Manual. As prescribed in the Manual, the 

operator will confirm the altitude of the launch site shown on the GPS 

altitude indicator before flight. Moreover, the PIC will use the GPS 

altitude indicator to constantly monitor the sUASs height, thus ensuring 

operation at safe altitudes.

 
K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions. This petition seeks an exemption from 14 C.F.R. § 

91.151(a)'s fuel requirements for flight in VFR conditions. 

Section 91.151 states:

(a) 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; or 

(2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 30 minutes of 

powered flight, and the sUAS will also not be flown at night. An 

exemption from the 30 minute reserve requirement in 14 CFR §91.151 is 

therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of battery power, whichever happens first. This 

restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere within its limited operating area. 

Operation of the sUAS with less than 30 minutes of reserve fuel does not 

engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small sUAS. Moreover, 

operation will be limited to controlled areas where only people and 

property owners, or official representatives who have signed waivers 

will be allowed.
This request for exemption falls within the scope of prior exemptions. 

See e.g. Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with § 91.151 (a)); see also Exemptions 

2689F, 5745, 10673, and 10808.

 
L. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification 

and Registration.

This petition seeks an exemption from civil aircraft certification and 

registration requirements of 14 C.F.R. § 91.203 (a) and (b). The 

regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operate a civil aircraft 

unless it has within it the following:

(1) An appropriate and current airworthiness certificate

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section 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. In addition to the fact 

that Petitioner is seeking an exemption from the airworthiness load 

capacity and size does not allow it to carry certification and registration 

documents; (2) the sUAS does not have a cabin or cockpit entrance at 

which the documents could be displayed; and (3) there are no passengers 

or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS 

operations, an equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the pilot flying the 

sUAS will have immediate access to them.

The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
M. 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection 

requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 

91.417 (a) & (b). These regulations specify maintenance and inspection 

standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft as 

prescribed in subpart E of this part and shall between required 

inspections . . . have An exemption to these regulations is needed 

because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, which the sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the Aircraft Operations 

Manual as referenced in the sUAS manual. As provided in the manual, 

the operator will ensure that the sUAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. The operator is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. Moreover, the sUAS's 

small size, carrying capacity, and the fact that flight operations will only 

take place in restricted areas for periods of time not to exceed 30 

minutes or until 25% battery power remains, create less risk than the 

same factors associated with conventional fixed-wing aircraft and 

rotorcraft performing the same operation.
VI. Public Interest

Consistent with the requirements of 14 C.F.R. §11.81(d), Petitioner 

offers the following reasons why granting this petition for exemption is 

in the public interest, i.e., how granting it would benefit the public as a 

whole.

Approval of exemptions allowing commercial operations of small and 

lightweight sUAS in the photography and videography industries 

benefits the public as a whole in the following ways:

It helps fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act, namely, the FAA Administrator's assessment of 

whether certain sUAS may operate safely in the National Airspace 

System before completion of the rulemaking required under Section 332 

of the Reform Act. 

The operation significantly improves safety and reduces risk by 

alleviating human exposure to danger associated with current aerial 

survey and inspection methods, namely, full size helicopters. Manned 

helicopters performing photography or videography have experienced an 

exceedingly high number of accidents and fatalities. Helicopter crashes 

have taken more lives on film sets than any other type of accident in 

modern times. Since 1980, 33 film and TV workers — nearly one a year 

— have been killed in helicopter accidents around the world, 14 in the 

U.S. and 15 more for American companies shooting abroad. The public's 

interest is furthered by reducing human exposure to death or serious 

injury associated with manned aircraft performing these services.

Petitioner's sUASs are battery powered and create no emissions. If 

Petitioner's sUAS crashes, there is no fuel to ignite and explode. Any 

impact of Petitioner's lightweight sUASs is, obviously, far less than a 
full size helicopter. The public's interest is furthered by minimizing 

ecological impact of an accident and by reducing human exposure to 

potentially harmful emissions associated with manned aircraft. 

 Aerial photography and videography are valuable tools for urban 

projects, real estate, and artistic production. The use of sUAS addresses 

safety problems and is a powerful tool for performing a wide-range of 

photography and videography that is either inaccessible by traditional 

aircraft or provides a significant safety benefit. The public as a whole 

will benefit from the safer and more cost-effective photography and 

videography services that sUAS operations provide. 

 
VII. Privacy 

All flights will occur over Petitioner's property or the Customer's 

property with the Customer's prior consent, expectations and knowledge.

 
VIII. Federal Register SummaryPursuant to 14 C.F.R. Part 11, the 

following summary is provided for publication in the FEDERAL 

REGISTER, should it be determined that publication is needed:

JeffHug360. seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 

C.F.R. § 61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 

91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 

91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 

91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of exemptions allowing commercial operations of small and 

lightweight unmanned aircraft ("sUAS") in the photography and 

videography industry will enhance safety by reducing risk. Conventional 

operations in this industry using rotorcraft or fixed-wing aircraft present 

the risks associated with vehicles that weigh in the neighborhood of 

several thousand pounds and carrying large amounts of fuel. Such 

aircraft must fly to and from the survey or inspection location and 

operate at low altitudes.

In contrast, a sUAS weighing fewer than 55 lbs. and powered by 

batteries eliminates virtually all of that risk, given the reduced mass and 

lack of combustible fuel carried on board. The sUAS is transported, not 

flown, to the designated imaging area and set up. The sUAS carries no 

passengers or crew and, therefore, does not expose them to the risks 

associated with manned aircraft flights.

The operation of small sUASs, weighing less than 55 lbs., provides an 

equivalent level of safety and thus supports the grant of the exemptions 

requested herein, including exempting the applicant from the 
requirements of Part 21 and allowing commercial operations. These 

lightweight sUASs operate at slow speeds, close to the ground, and in a 

sterile environment. As a result, they are far safer than conventional 

aerial photography or videography operations conducted with fixedwing aircraft or helicopters.

 
IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012. The size, weight, speed, operating capabilities, proximity to 

airports and populated areas, and operation within visual line of sight 

and national security provides more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of 

JeffHug360.

If additional information is required, or if you have any questions 

regarding this Petition for Exemption, please contact the undersigned :

Very truly yours,

Jeffery Hug _____________________________ 

Attachments (All Subject to Non-Disclosure Under the Freedom of 

Information Act, 5 U.S.C. § 552 et. seq.):

Attachment A: Phantom Vision 2 Plus operators manual 

ATTACHMENT A

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