Thursday, October 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Exemption Request: Section 333 of the FAA Reform Act

Dear Sir/Madam:

This petition is being submitted on behalf of Framework Photography by Andrew Gochenour without 

legal counsel or consulting services. Pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (the “Reform Act”), and 14 C.F.R. Part 11, Framework Photography (“Framework”), an 

Illinois based company operating a Small Unmanned Aircraft System (“sUAS”) equipped to conduct 

aerial photography, videography, and surveying for various industries, hereby applies for an 

exemption from the Federal Aviation Regulations (“FARs”) listed below to allow operation of our 

sUAS commercially in airspace regulated by the Federal Aviation Administration (“FAA”) so long as 

such operations are conducted with and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

The requested exemption would permit Framework to pursue its commercial interests in providing 

services to consumers’ interested aerial data capture using a small advanced sUAS in the following 

areas:

 Closed Set Film Cinematography 

 Aerial video/photography or providing live video feed 

 Real Estate Photography 

 Agricultural Surveying

 Property Surveying

 3D Mapping 

 Search and Rescue

 Product Demonstrations 

 Research and Development 

Framework states that all sUAS flights that will occur over private or controlled access property will do 

so with the property owner's prior consent and knowledge and that only people who have consented 

or otherwise have agreed to be within the appropriate range where photography and videography 

will take place will be captured using our equipment.
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Framework understands the proper roles of the pilot in control (PIC), visual observer (VO), 

communication procedures, proper visual scan techniques (naked eye only), operations near

airports, and will compile a comprehensive safety manual to subsidize the sUAS operational 

documents, safety documents, and maintenance documents as well as to ensure compliance of the 

Conditions and Limitations issued by the FAA, including but not limited to all applicable parts of 14 

CFR. Framework will also form a detailed motion picture and television operations manual 

(MPTOM).

Regulations from which the exemption is requested:

14 C.F.R. Part 21 Subsection H

14 C.F.R. 45.23 (b)

14 C.F.R. 61.23 (a) & (c)

14 C.F.R. 61.101 (e) (4) & (5)

14 C.F.R. 61.113(a) 

14 C.F.R. 61.315(a)

14 C.F.R. 91.7 (a)

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

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

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

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System:

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs 

that result in cost savings to farmers, yield security, and reduce environmental impact of excess 

fertilizers and chemicals in the soil. They also serve as a safer alternative to maned aircraft to perform 

all above requested operations.

We are petitioning for exemption to enable Framework to operate a DJI Inspire 1 multi-rotor equipped 

with a three-axis gimbaled camera. This sUAS weighs less than 30 lbs., has a built-in capability to limit 

the height it flies above the ground (400ft AGL maximum), to limit the radius of the distance it flies from 

the operator, and to exclude it from Class B, C and D airspace including a no fly zone feature. Thissystem 

also has a failsafe function of the autopilot system, which means when the communication between 

the main controller and the transmitter is lost, the system will automatically trigger Return to Home 

and will ascend to a pre-determined altitude, return to the location of takeoff or location of operator,

descend in altitude slowly, and land safely. This automatic operation may also be initiated and/or 
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interrupted by the PIC in emergency situations or to regain control once the sUAS is close enough to 

safely land manually. All updated manufacturer provided operation documents, safety documents, and

maintenance documents can be found here. (http://www.dji.com/product/inspire-1/download) 

Framework only considers the most recent versions safe for use. 

The above specifications meet standards listed below, some derived in accordance with the Model 

Aircraft Operating Standards:

 Framework will only operate its sUAS in line of sight of the PIC and VO.

 Framework will operate at sites that are at least 500ft from any inhabited buildings, vehicles, 

vessels, people not directly associated with the operation and have consented or signed a 

waiver in advance of the operation. Operations will only occur on property whose owner or 

administrators have authorized the operations. Such operations will ensure that the sUAS will 

"not create a hazard to users of the national airspace system or the public." 

 Framework also concurs with a section of exemption 11138... “If barriers or structures are 

present that can sufficiently protect nonparticipating persons from the UA or debris in the 

event of an accident, then the UA may operate closer than 500 feet to persons afforded such 

protection. The operator must also ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are 

within 500ft of the UA, flight operations must cease immediately. “

 Minimum crew for each operation will consist of the PIC and one VO. Additional flight crew 

personnel may include, but are not limited to, a camera operator, camera focus operator, and 

an additional VO.

 Each flight location will be inspected for hazards the day of each flight operation. Hazards will 

be noted and sufficient measures will be taken by crew to maintain a safe operational 

environment.

 Prior to each day’s operation, a safety and informational briefing will be held. This meeting will 

outline the day’s missions as well as bring to light hazards and safety conditions. All personnel 

conducting activities within the designated flight zone are required to attend this briefing.

 All flight operation crew will use universally understood callouts and will remain within ear 

range of each other.

 When flying the sUAS within 5 miles of an airport, airport operators will be notified and 

the PIC will immediately give right of way to any and all maned aircraft. 

 Maximum flight time for each operational flight will be 25 minutes. 

 The sUAS will alert the PIC when battery level reaches 30% to allow sufficient time to halt 

operations and land in a designated area by 20% battery.

 Flights will be terminated at 20% battery power reserve should that occur prior to the 25

minute limit. 

 The sUAS will be programmed so that it will not be operated at an altitude above 400 feet AGL, 

and not more than 200 feet above an elevated platform from which filming is planned. 

 The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. 

cameras, lenses, gimbals, sensors, batteries). 
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 The sUAS will operate at speeds of no more than 87 knots (100 mph). 

 If the sUAS loses communications signal, its Return to Home function will be initiated.

 The sUAS and PIC also have the capability to abort the flight in case of unpredicted obstacles, 

weather, or other emergencies.

 Framework will also assure that no individuals’ privacy is violated.

Given the small size of the sUAS and the restricted sterile environment within which they will 

operate, our sUAS operations adhere to the Reform Act's safety requirements. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY:

Framework Photography requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of the sUAS

System:

14 CFR Part 21, Airworthiness Certificates

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

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the DJI Inspire 1 sUAS under either or both of the following 

provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

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

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

new uses for aircraft. 

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

show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of the 

regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. The aircraft will not 

carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Constructed primarily of carbon fiber and plastic, the sUAS will be as safe if not 

safer than a conventionally certified aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we 

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

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.
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14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

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

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAS does 

not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a 

registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the 

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

we feel that the permanent placard discussed on pages 7 and 8 (14 CFR 91.203 exemption request) 

will provide the aircraft registration information in addition to information provided at the ground 

station. Finally, we will display at the ground station a high contrast flag or banner that contains the 

words "Unmanned Aircraft Ground Station" or “Drone Ground Station” in letters 3 inches high or 

greater. Since the aircraft will operate within 1.25 NM of the ground station, the banner should be 

visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.23 (a) & (c): Medical certificates: Requirements and duration.

The regulation sets forth medical certificate requirements for pilots in command of aircraft in that a 

holder must have a first class medical certificate when exercising the PIC privileges of an airline 

transport pilot certificate. Furthermore, this requirement states that the PIC must hold at least a

second class medical certificate when exercising PIC privileges of a commercial pilot certificate, or 

must hold at least a third class medical certificate when exercising PIC privileges of a private pilot 

certificate, recreational pilot certificate, or flight instructor certificate. It also states that a person must 

hold and possess either a medical certificate issued under 61.67 or a U.S. driver's license when 

exercising the privileges of a sport pilot certificate in a light sport aircraft other than a glider or 

balloon.

We request relief from 61.23(a) to allow any pilot that holds one of the pilot’s certificates (discussed 

above) to operate a sUAS with a U.S. issued driver’s license, in lieu of an FAA issued medical 

certificate. We also request relief from 61.23(c) to allow sport pilot certificate holders to operate 

aircraft other than LSA with a U.S. issued driver’s license.

14 CFR 61.101 (e) (4) & (5): Recreational pilot privileges and limitations.

This section limits recreational pilots to non-commercial operations and that they may not act as pilot 

in command of a recreational aircraft for compensation or hire, or in the furtherance of a business.

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. The area of operation will be predetermined and in a 

protected flight area under the permission of the property representative, and all flights are 

planned and coordinated in advance. We request exemption from this regulation.
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14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

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

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only 

incidental to that business or employment; and (2) The aircraft does not carry passengers or property 

for compensation or hire. Our proposed operations require that the PIC must hold at least a Private 

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

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

a business.

14 CFR 61.315 (a): What are the privileges and limits of my sport pilot certificate?

This section limits sport pilots to noncommercial operations and that they may not act as pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire, or in the 

furtherance of a business. They also may not carry more than one passenger, fly at night, and under 

other restrictions that are outside of the scope of intended flights of the sUAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on 

board. The area of operation will be predetermined and in a protected flight area under the 

permission of the property representative, and all flights are planned and coordinated in advance. We 

request exemption from this regulation.

14 CFR 91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, 

no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of preflight actions as prescribed by the aircraft’s manufacturer prior to each 

flight, and given the FAA’s prior approval of the same types of aircraft to be used in previous 

exemptions to this requirement, we believe we can maintain a high standard of safety and due regard 

as to the aircraft’s airworthiness during flight operations. We request exemption from this regulation.

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

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

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

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet 

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

crew at the ground station anytime the aircraft is in, or preparing for, flight.
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14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

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

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

control station consists of a small hand-held radio transmitter and while it does not offer a second 

set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, we 

feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

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

500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate 

closer than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planning has been performed. The aircraft will be 

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

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

the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should 

be considered in granting the exemption.

14 CFR 91.121 Altimeter settings.

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

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will 

not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS 

on-board computer to the display screen held by the PIC, providing a constantly updated AGL 

readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at 

least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety 

buffer for delays to landing. The sUAS is battery operated and the maximum duration of flight from 

a single battery charge is 15-25 minutes with a 20% reserve. Since the aircraft will never fly more 

than 1.25 NM from the point of intended landing, a full battery charge at launch will ensure that we 

meet the reserve energy requirement of this paragraph. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption 

from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended 

landing and have at least a 20% battery reserve after that.

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

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

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it 

is legible to passengers or crew." The sUAS is too small to carry documentation, does not have an 
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entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety 

and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by 

the FAA will be co- located with the crew at the ground control station and available for inspection 

upon request. In order to identify the aircraft, we propose that the information found on 

airworthiness and registration certificates be permanently affixed to the aircraft via placard 

containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 

14 CFR 45.23.

14 CFR 91.205 (b) -Instrument and equipment requirements.

This regulation requires that certain instruments and equipment are required. This sUAS is not 

capable or does not include some of these instruments. Other measures will be taken to substitute 

these instruments. We request exemption to this regulation.

14 CFR 91.215 – ATC transponder and altitude reporting equipment and use. 

This section requires altitude transponder units and outlines their proper use. This sUAS is not 

equipped for altitude transpondence. Since the aircraft relays it altitude AGL in real time to the PIC, 

there is no need for this equipment. We request exemption from this regulation.

14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations.

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with parts 39 and 43. Paragraphs 91.407 and91.409 require 

that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of 

the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that 

the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed 

inspections after every 4 hours of flight. Maintenance performed by the PIC is limited to repairing 

small cracks, replacing a propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be performed by the manufacturer or 

their designated repair facility. The PIC will document work performed in accordance with 91.417. We 

feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.
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Public Interest

Granting Framework Photography an exemption under Section 333 furthers the public interest. 

National policies set forth by Congress favor early integration of UAS into the national airspace in a 

well-controlled manner concurrent to the requests of Framework, and the safety and regulatory 

standards set forth by the FAA. Framework will take appropriate measures to help ensure that UAS 

and specifically sUAS appear useful and safe for today’s economy in the public eye. Every sUAS pilot 

represents the rest, and we strive to leave a positive impression on the public.

Framework also believes that properly trained pilots are key. That’s why I have spent countless hours 

practicing and perfecting not only my flight skills but my situational awareness with the Inspire 1 and 

other sUAS. Elegant and mistake-less flights are key when the public is observing sUAS flight 

operations.

Using a sUAS is also much safer than using maned aircraft for the above stated duties. Maned 

helicopters carry hundreds of gallons of jet fuel, are extremely noisy, produce toxic emissions, carry 

passengers, are very large and hard to maneuver, and can cause a large amount of damage if a 

catastrophic failure occurs. On the other hand, sUAS are much smaller, produce much less noise and 

downward wind, run on replaceable batteries, carry no passengers, are small enough to be very easily 

maneuvered in situations where maned aircraft would fail, and cause much less damage than a full 

sized helicopter in the event of a catastrophic failure. With maned helicopters, a crash from even a 

low elevation can be lethal, not only to pilots and other crew aboard, but to bystanders as well. It can 

also cause extensive property damage, especially if its fuel is spilled and ignited. With my sUAS, a 

crash, at the most, would result in much less bodily harm, especially with no pilot or crew aboard. It 

would also cause substantially less property damage in the event of a crash.

The sUAS is also much more affordable and publically reasonable to use for real-estate photography 

and videography. Using a sUAS costs much less than using a full sized aircraft for the same purpose. It 

also creates less of a nuisance for people near the operation. The sUAS also creates the opportunity to 

create promotional video with angles no other camera system could achieve. 

The agricultural industry is already benefiting greatly from sUAS operations. These operations include 

NDVI mapping, crop inspection, watering system inspection, grain storage facility inspection, and land 

inspection. Currently, most agricultural professionals have to use trucks and ATVs to inspect their 

fields. With this boost of crop inspecting drones entering the market, ag professionals are achieving 

healthier crops and higher yields.

Search and rescue is a unique niche field that requires special personnel, training, vehicles, and safety 

equipment. If a helicopter is required for a search and rescue mission, it must be called to action, take 
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off from an airport, fly to where it is needed, search and/or rescue, then fly back to the airport. In 

some cases, search and rescue crews can’t afford to wait for a helicopter to come from the nearest 

airport. sUAS present a much better alternative to search missions. Instead of waiting for a helicopter 

to arrive, S&R crews can launch a sUAS with the proper tools to get the job done in a fraction of the 

time. This has the potential to save time, money, and lives.

Conclusion:

Granting this request for exemption will not only benefit Framework Photography, but will also 

benefit the people of the community that we rely upon, and other local business that we will work 

hand in hand with to create marketing and research tools that will boost their business substantially. It 

will also be much more affordable and safer than using full size maned aircraft for the same purposes. 

Framework will strive, not only to provide reliable, affordable, and safe aerial services with sUAS 

technology, but will ensure that it does so in a way that positively represents all other commercial 

sUAS operators.

Under the requested exemption, Framework Photography ensures that all operators have completed 

small unmanned aircraft systems (UAS) education and training including Airmanship and Decisionmaking and Safe Operating Procedures, as well as have read and fully understand all flight operation 

manuals, safety manuals and bulletins, maintenance manuals, MPTOMs, Conditions and Limitations 

issued by an FAA Section 333 grant of exemption, and any future amendments made to these 

documents and standards. 

We respectfully request exemption, under Section 333, to enable Framework Photography to operate 

safe, low-risk commercial sUAS operations for the activities stated. Framework Photography at all times 

will respect the privacy of citizens, and will uphold a positive image that the commercial sUAS 

community deserves while doing our part to ensure the safety and security of our national airspace.

Sincerely,

Andrew Gochenour

Framework Photography

2800 S. Walnut 

Springfield Il, 62704

www.framework-photography.com

217.220.7477 (Cell)

217.502.7328 (Office)

Andrew@framework-photography.com