1

U.S Department of Transportation

Docket Management System

1200 New Jersey Avenue, S.E.

West Building Ground Floor, Room W12-140

Washington, D.C 20590

Petition for Exemption to section 333 on behalf of the Petitioner; Submitted by 

Attorney Jerald A. Lavin, Jerald A. Lavin, Ltd

324 Osprey Point Drive

Osprey, Florida 34229

941 320 0077

lavin77@comcast.net

May 8, 2015

Petitioner:

Matthew D. Lavin a/k/a Aerography

1350 45th Avenue #B

Capitola, CA. 95010

Tel. 917 509-3201

In re: 333 petition; Petitioner is making application via this petition to the FAA to 

grant a Certificate of Authorization (COA) to petitioner who is compliance with 

and meets and shall meet all requirements as stated and required pursuant to 

section 333 of “the act” to fly his UAS in the NAS as prescribed and required by 

the FAA

Dear Sirs and or Madam:

Matthew D. Lavin a/k/a Aerography a USA citizen, Petitioner, by this petition wishes to 

apply for authorization from the FAA Pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Matthew D. Lavin a/k/a 

Aerography a USA citizen, owner of a small UAS equipped to conduct aerial 

photography and videography, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of UAS, so long as such 

operations are conducted within and under the conditions outlined herein or as may be 
2

established by the FAA as required by Section 333.1 The proposed exemption, if 

granted, would allow Matthew D. Lavin a/k/a Aerography to conduct commercial 

operations of small unmanned aircraft systems (“UAS”) meeting or

exceeding all of the operational and safety requirements Congress has set forth in 

Section 333. Statutory Authority Section 333, titled “Special Rules for Certain 

Unmanned Aircraft Systems”, provides a mechanism for seeking expedited FAA 

authorization of safe civil UAS operations in the NAS. Section 333(a) states that the 

FAA “shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the (comprehensive) plan and rulemaking 

required by section 332(b)(1) of this Act or the guidance required by section 334 of this 

Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a 

mechanism for “expedited operation authorization” if several factors are met. Petitioner 

meets all requirements to permit FAA approval of commercial UAS operations.333 

provides a mechanism for “expedited operation authorization” if several factors are met. 

Approval of the exemption for petitioner will allow commercial operation of the Gryphon 

Dynamics 900, a propriety design, for the Videography and Photography industries and 

(2) the construction industry nationwide in Class G airspace under 200 feet AGL 

nationwide, or as otherwise prescribed in an ATO issued COA. The requested 

exemption should be granted because operation of small UAS, weighing approximately 

18 lbs. (8 kg.), inclusive of battery and payload, conducted in the strict conditions 

outlined below, will provide an equivalent level of safety, while still allowing commercial 

operations. The lightweight aircraft covered by the exemption is safer than conventional 

operations conducted with helicopters and fixed-wing aircraft weighing thousands of 

pounds and carrying highly flammable fuel, and operating in close proximity to the 

ground, power lines, transmission towers, pipelines, and people. The seven factors 

Congress directed the FAA to consider when approving Section 333 exemption petitions 

- size, weight, speed, operational capability, proximity to airports, proximity to populated 

areas, and operation within visual line of sight – each supported request. In particular, 

the aircraft is small, and will operate at slow speeds, and close to the ground at 200 

AGL or lower in order to more safely and efficiently conduct inspections that would 

otherwise involve a risk of death to the inspectors. The substantial increase of safety 

and decrease of risk to human life, coupled with the low risk use of UAS to conduct 

these operations, weigh heavily in favor of granting the exemption.

Proposed Operations of The UAS

The requested exemption will permit petitioner to operate the Gryphon Dynamics 900, a 

proprietary design, with a maximum weight of approximately 18 lbs. (8 kg.), inclusive of 

batteries and technical payload. This rotorcraft operates at a speed of no more than 35 

knots and has the capability to hover and move in the vertical and horizontal planes 

simultaneously.
3

The UAS will use the following:

· GPS/Autopilot System: DJI WooKong-M, with its accompanying Main Controller (MC),

Internal Measurement Unit (IMU), and GPS.

· Receiver: Spektrum AR8000 2.4ghz DSMX.

· Datalink: DJI iOSD Mark II 2.4 Ghz, which displays power voltage, flight velocity, 

height, distance from the home point, horizontal attitude and GPS satellite number 

acquired to make the location calculation.

· Transmitter 1 (Tx1): Spektrum DX8, used by the UAS operator to control the UAS.

· Transmitter 2 (Tx2): Spektrum DX8, used by the camera operator to control the gimbal 

and camera.

Please refer to Exhibits 1-7 for further information regarding the UAS. Details regarding 

the design and assembly of the UAS are being submitted confidentially, due to the 

proprietary nature of the UAS. The petition and the supporting documentation in the 

Exhibits are hereinafter referred to as the operating documentsʼ

 The Crew

The crew will consist of a pilot in command (PIC), and a visual observer (VO)

The PIC, and VO will have been trained in operation of UASs generally. The PIC will 

have completed, at a minimum, 40 hours of UAS flight training with this specific UAS 

prior to operations, and will be required to participate in annual training thereafter.

 Flight Conditions

The UAS will be used for the cinematography, photography and construction industries. 

It will be flown in Class G airspace nationwide under 200 feet above ground level (AGL) 

and under controlled conditions over property that is restricted as stated below under, 

Flight Operations. Petitioner will work with the local FSDO when planning operations. 

The flight crew will always make a safety assessment of the risk of every operation, and 

will only operate when it is determined that no hazards are present.

 Flight Operations

The purpose of every UAS flight will be to conduct safe, accurate, and efficient (i) 

cinematography and photography or (ii) site inspections for the construction industry in 

Class G airspace nationwide. The PIC will be responsible for flying the UAS and will use 

a Spektrum DX 8 transmitter. The PIC will have visual contact with the UAS at all times 

and will have available on screen display to observe telemetry data, including battery 
4

power and flight altitude. The main purpose of the OSD with the telemetry information is 

to set an audio signal for when the voltage on the battery is running low.

Prior to the day of an operation, the flight crew will conduct a site inspection. The flight

crew will look for obstructions in the filming or construction area, and determine a safe 

flight plan. The flight crew will also make a note of any public access points in the 

general area, where nonparticipating individuals could access the operational area. The 

flight crew will adapt their flight plan to avoid these areas.

On the day of an operation, the flight crew will cone off the flight operational area (if not

already roped off),. The only individuals allowed within the flight operational area will be 

participants actors, crew members, or construction workers. All other nonparticipating 

individuals and vehicles will be outside the sectioned-off area. Prior to each operation, 

the flight crew will conduct a safety briefing with all individuals who will be in the

flight operational area.

The flight crew will set a "home area" that the UAS will launch from and return to. The

area will have a ten-foot radius and be marked off with traffic cones. The flight crew will 

stand outside this area.

The flight crew will conduct a pre- and post-flight inspection, as laid out in Dynamics 900

Inspection Procedures, The flight crew will also conduct an inspection flight each

week, going through both the pre- and post-flight procedures to ensure that the Gryphon 

Dynamics 900 is in a safe condition. In the unlikely event of emergency or a lost link, the 

UAS will be equipped with an emergency "return to home" feature as part of the DJI 

WooKong-M flight control. If there is a lost link, the WooKong-M will be programmed to 

rise 30 meters (99 feet) instantaneously (not to exceed a maximum altitude of 200 feet 

AGL), travel horizontally to the home area, and land. For more information regarding the 

emergency fail safe methods, please refer to the WooKong-M User Manual (Exhibit) to 

this petition. The failsafe section begins on page 23 of that document. Flights will be 

terminated at 20% of battery life. Currently, the Gryphon Dynamics 900 battery is limited 

to approximately 13 minutes of flight time. We will use an onboard telemetry to monitor 

data, including battery life. The telemetry will send an audio signal when the battery 

depletes to 20% of remaining power.

Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption apply to UAS that have the characteristics and 

that operate with the limitations proposed herein. These limitations provide for a level of 

safety at least equivalent to or higher than manned aircraft operations under the current 

regulatory structure. The section below identifies the limitations and conditions to which 

petitioner agrees to be bound when conducting commercial operations under a grant of 

this petition. 
5

Proposed Conditions of the Exemption

1. The UAS will weigh approximately 18 lbs. (8 kg.), inclusive of battery and technical 

payload.

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of cinematography, photography and construction site inspections in Class G 

airspace nationwide.

3. Flights will be operated within line of sight of a pilot (PIC) and visual observer (VO).

4. Flights will be operated at an altitude of no more than 200 feet AGL, as indicated by 

the procedures specified in the operating documents. All altitudes reported to ATC must 

be in feet AGL.

5. The UAS will not be flown at an indicated airspeed exceeding 35 knots and in any 

event never in excess of 87 knots.

6. Minimum flight crew for each operation will consist of the UAS pilot in command (PIC) 

and a visual observer (VO).

7. The PIC will have, at minimum, 40 hours of training on the UAS to be operated under 

this grant before accepting commercial operations.

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification

criteria and 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. 

11. A briefing will be conducted in regard to the planned UAS operations prior to each 

dayʼs activities. It will be mandatory that all personnel who will be performing duties in 

connection with the operations be present for this briefing.

12. Prior to each flight, the PIC will inspect the UAS, including the Ground Control 

Station, to ensure it is in a condition for safe flight. If the inspection reveals a condition 

that affects thesafe operation of the UAS, the PIC will not operate the UAS until the 

necessary maintenance has been performed and the UAS is found to be in a condition 

for safe flight. All maintenance and alterations will be properly documented in the aircraft 

records.

13. Petitioner will conduct a functional flight test on any UAS that has undergone 

maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component. The PIC who conducts the functional test 

flight will make an entry in the aircraft records.
6

14. The petitioner will carry out its maintenance, inspections, and record keeping 

requirements, at the direction and under the supervision of the UAS manufacturer. 

Maintenance, inspection, alterations, and status of replacement/overhaul component 

parts will be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the manufacturer, authorizing the return of the 

UAS to service. The manufacturer will make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

15. When conducting operations for the videography and photography industry, outside 

of the exemption, petitioner will submit a written Plan of Activities, and any additional 

necessary paperwork, to the FSDO at least one day before the proposed operations 

begin.

16. The UAS will 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. 

17. The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UAS with 20% battery power remaining.

18. Actual total flight time for each operational flight will result in no less than a 20% 

battery reserve.

19. The UAS will have the capability to abort a flight in case of unexpected obstacles or

emergencies.

20. The UAS will be programmed so that if it loses communication with the ground 

station or loses its GPS signal, it will return to a pre-determined location within the 

planned operating area and land or be recovered in accordance with the operating 

documents.

21. If the UAS and its radio control link disconnect during flight, the systemʼs failsafe 

protection will be triggered and the multirotor will return to home and land automatically, 

rather than flying off uncontrollably or landing at an unknown location.

22. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be 

maintained and available to the PIC at the Ground Control Station of the UAS any time 

the UAS is operating. These documents will be made available to the Administrator or 

any law enforcement official upon request. If a discrepancy exists between the 

conditions and limitations in the exemption grant and the procedures outlined in the 

operating documents, the grant conditions and limitations will take precedence and will 

be followed. Otherwise, the petitioner will follow the procedures outlined in its operating 

documents. If it updates or revises its operating documents, it will present updated and 

revised documents to the Administrator upon request. If the petitioner determines that 

any update or revision would affect the basis upon which the FAA granted the 
7

exemption, then the Petitioner will petition for an amendment to the grant of exemption.

23. Petitioner will obtain written and/or oral permission from the landowners/authorized 

agents of the landowners over which flights will be conducted.

24. Petitioner will obtain all required permissions and permits from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.

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

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

not be conducted under special visual flight rules (SVFR).

26. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations not covered by the 

grant of exemption.

27.

• The UAS will not be operated within 5 nautical miles (NM) from an airport having 

an operational control tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or

• 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or

• 2 NM from a heliport with a published instrument flight procedure

28. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as 

large as practicable.

29. Before conducting operations, petitioner will ensure that the radio frequency 

spectrum used for operation and control of the UAS complies with the Federal 

Communications Commission (FCC) or other appropriate government oversight agency 

requirements.

30. The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

31. The UAS will not be operated by the PIC from any moving device or vehicle.

32. The UAS will not be operated over congested or densely populated areas.

33. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating
8

persons, vessels, vehicles, and structures unless one of the following three conditions is 

met:

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

from the UAS and/or debris in the event of an accident. The petitioner will 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 UAS, the 

PIC will ensure that flight operations cease immediately.

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 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.

c. Operations nearer to the PIC, operator trainees or essential persons do not present 

an undue hazard to those persons per § 91.119(a).

36. Petitioner will report any incident, accident, or flight operation that transgresses the 

lateral or vertical boundaries of the operational area as defined by the applicable COA 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Petitioner will report 

accidents to the National Transportation Safety Board (NTSB) per instructions contained 

on the NTSB Web site: www.ntsb.gov.

Videography and Photography

As the FAA has repeatedly recognized in granting other exemptions under Section 333,

the use of a UAS to record video and photography for motion picture and

television sets significantly increases the level of safety for both the actors and crew. 

Currently, filmmakers and photographers use manned aircraft, which can weigh 6,000 

lbs. or more. Manned aircraft also, by definition, carry a pilot and other crew. They carry 

flammable fluids, and require large areas to take off, operate over, and land. By using 

the Gryphon Dynamics 900, many of these dangerous conditions will be alleviated. The 

Gryphon Dynamics 900 weighs 18 lbs. The pilot and flight crew will be safely on the 

ground rather than several hundred feet in the air. The UAS is powered by a battery, 

and requires a small area to operate in. The FAA has previously determined that using a 

UAS such as the Gryphon Dynamics 900 will provide a greater level of safety when 

filming for the motion picture and television industry.

Exemption No. 11062.

Construction Inspections

Use of a UAS to conduct inspections of construction projects will provide a greater level

of safety than what is currently available. The construction industry has traditionally 

been very dangerous for workers, both based on the working conditions and equipment 

used, including helicopters and cranes. Currently, aerial inspections are not done on 

many construction projects. Instead, inspections are conducted from the ground, or from 

within the structure being constructed, giving a limited view of the project. This limits the 

capabilities of architects and construction crews examining the work that has been 

done, and could lead to misidentification or failure to identify flaws in the construction. 
9

Those projects that do incorporate aerial inspections must rely upon manned helicopters 

or other types of aircraft, devices that can pose a great risk to those piloting and those 

on the ground below, without providing the most accurate results. Alternatively, using 

the Gryphon Dynamics 900 to videotape and photograph construction sites will allow the 

construction crew to gain a better vantage point of the structure. Safety concerns can be 

better identified and fixed, and the inspectors will be able to gain a more thorough 

understanding of construction progress. This UAS will be able to provide a quick and 

cost effective aerial inspection of an entire jobsite, something that is much more difficult 

to perform without this technology. The device can be used to check the progress of the 

project and provide visual information on hard-to-reach areas that may not be 

adequately inspected otherwise without putting people in danger. UAS can be equipped 

with specialized cameras and sensors that provide enhanced detection of other 

concerns, such as gas leaks, lack of structural integrity. The FAA has previously 

determined that using a UAS such as the Gryphon Dynamics 900 will provide an 

equivalent or greater level of safety than manned flight when inspecting construction 

sites. Exemption Nos. 11109 and 11204.

The Petitioner Seeks And Requests Relief From The Following Regulations:

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal 

Aviation Regulations from 14 CFR 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); 91.417(a)&(b)14 CFR 

23;14CFR45.23(B); 14 CFR 61.113 (a & b);14CFR91.9 (B-2); 14 CFR 91.103; 14CFR 

91.109;14 CFR 91.203 (a & b); 14CFR 91.405 (a)

It is the request of the petitioner for exemptions listed above in order to legally and 

safely operate the 18 pound, Gryphon Dynamics 900, Custom Pro-Built UAS, in the 

National Airspace System, for the purpose of Unmanned Aerial Photography and 

Videography for the real estate, construction, and utilities industries for commercial gain 

and enhancement of Public awareness of UAS operation, and finally enhanced safety 

for both the General Public and Flight Crews.

It is the petitioners position that the operations for which exemption is requested are 

safer and more cost effective than using manned aircraft, and for those reasons are in 

the Public Interest; and would be of benefit in identifying areas of operation that may 

need additional oversight as well as raising public awareness and interest in this rapidly 

growing facet of aviation. (Reference Exemption No. 11138 and others to date)

14 CFR 91.7(A) 

Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner 

requests exemption based on previous (Exemption No. 11138 and others to date). 

The FAA has ruled that this make and model of aircraft (UAS) does not require an 

airworthiness certificate. 
10

14 CFR 91.119(C) 

States that no person may operate an aircraft below the following altitudes: 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.

The petitioner will operate the UAS at an altitude of 200 AGL OR LESS. The operations 

proposed will operate at maximum of 200 AGL as this usually provides the best angle of 

capture for the type of photography and videography operations proposed.

The UAS is equipped with GPS guided auto pilot with a return home function in case 

loss of control by the PIC. It is powered by sealed batteries thereby reducing the chance 

of post impact fire to zero. The UAS utilized for this exemption is of exceptionally light 

weight and with camera is less than 55 pounds and shall never exceed the FAA 

authorized speeds of 87 knots and in most cases the forward speed shall be 

significantly slower to accomplish the designated purpose of the flight; photo and 

cinematography. 

The petitioner will implement procedures and policies to ensure that any person in the 

general vicinity of operations will be aware of such operations and ensure that all nonessential personnel are cleared of the area of operations. See Protocols and 

procedures Section 3.

The petitioner therefore requests relief in part from 14 CFR 91.119(C) 14 CFR 91.121 

Altimeter Settings. 

The petitioner requests relief from 91.121 for the following reason. The UAS is equipped 

with GPS derived altitude capability, however due to the limited altitude requested in this 

exemption, the FAA has previously granted Exemption for these types of operations. 

(Reference Exemption No. 11138 and others to date)

14 CFR 91.151(a) 

No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) unless there is enough fuel to fly to the first point 

of intended landing and, assuming normal cruise speeds. 

(a)(1)During the day to fly for at least 30 minutes. 

The petitioner requests relief from 91.151(a) due to the fact that the UAS is equipped 

with a battery and percentage indicator system. The UAS has a flight capability on full 

charge of approximately 25 minutes depending on camera usage and other variables. 

The petitioner has established that the maximum flight will be 10-15 minutes on a fully 

charged battery. This constitutes landing with approximately 30-50 percent battery fuel 

remaining. The petitioner believes that this follows the spirit and intent of the rule with a 

great margin of safety. 

No UAS operations will be conducted at night, as defined by Federal Aviation 

Regulations.
11

14 CFR 91.407(a)(1) 

Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

The petitioner requests relief from 91.407(a)(1) based on the stated following Protocols 

and Procedures Section on Maintenance, Return to service after maintenance, 

and Maintenance records.( Reference Exemption No. 11138 14 and others to 

date)

CFR 91.409(a)(1)(2) 

Inspections; 

The petitioner requests relief from 91.409(a)(1)(2) based on the Protocols and 

Procedures Section on Inspections. (Reference Exemption No. 11138 and others 

to date)

14 CFR 91.417(a)(b) 

Maintenance records; 

The petitioner requests relief from 91.417(a) (b) based on the stated following 

Protocols and Procedures Section; “Flight Operations Protocol” on Maintenance 

records.

14 CFR. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals

14 CFR. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight and enclosed operational area of my UAS permits exemption from Part 

21 because my UAS meets (and exceeds) an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS's from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. 

My current and projected UAS's meet or exceed each of the elements.

14 CFR. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 

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

Regulation is inapplicable.

14 CFR. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft.

As there are no on board pilots or passengers, and given the size of the UAS's, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining 

a safety/flight manual delineating areas of where safety can be defined. 10 The FAA has 

previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 CFR. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS 

utilizes electronic global positioning systems with a barometric sensor.
12

14 CFR. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required 

certifications and registrations by me, Matthew Lavin

 14 CFR. § 45.23: Marking of the Aircraft

Applicable Codes of Federal Regulation require aircraft to be marked according to 

certain specifications. My UAS are, by definition, unmanned.

They therefore do not have a cabin, cockpit or pilot station on which to mark certain 

words or phrases. Further, two-inch lettering is difficult to place on such small aircraft 

with dimensions smaller that minimal lettering requirement. The FAA has previously 

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A 

and 10700.

14 CFR. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 CFR. §§ 61.113 (a) & (b), private pilots are limited to noncommercial 

operations. Grant of Exemption No.11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating the Astraeus UAS would 

not adversely affect operations in the NAS or present a hazard to persons or property 

on the ground. The present minimum requirement of PIC flying a UAS at 200 feet AGL 

is a sport air license and a current valid drivers license to support the medical 

requirement

14 CFR. 91.119: Minimum Safe Altitudes. Shall be an exception as the petitioner shall 

fly 200 feet AGL or less;

14 CFR. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I will 

however operate my UAS in safe areas away from public and traffic, providing a level of 

safety at least equivalent to or below those in relation to minimum safe altitudes.

Given the size, weight, maneuverability and speed of my UAS, an equivalent or higher 

level of safety will be achieved.

14 CFR. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections.

These Regulations only apply to aircraft with an airworthiness certificate.

“The Federal Aviation Administration has established an interim policy to speed up 

airspace authorizations for certain commercial unmanned aircraft (UAS) operators who 

obtain Section 333 exemptions. The new policy helps bridge the gap between the past 

process, which evaluated every UAS operation individually, and future operations after 

we publish a final version of the proposed small UAS rule.”
13

“Under the new policy, the FAA will grant a Certificate of Waiver or Authorization (COA) 

for flights at or below 200 feet to any UAS operator with a Section 333 exemption for 

aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules 

(VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain 

distances away from airports or heliports:”

• 5 nautical miles (NM) from an airport having an operational control tower; or

• 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or

• 2 NM from an airport without a published instrument flight procedure or an 

operational tower; or

• 2 NM from a heliport with a published instrument flight procedure

“The “blanket” 200-foot COA allows flights anywhere in the country except restricted 

airspace and other areas, such as major cities, where the FAA prohibits UAS 

operations. Previously, an operator had to apply for and receive a COA for a particular 

block of airspace, a process that can take 60 days. The agency expects the new policy 

will allow companies and individuals who want to use UAS within these limitations to 

start flying much more quickly than before”.

“Section 333 exemption holders will automatically receive a “blanket” 200 foot COA. For new 

exemption holders, the FAA will issue a COA at the time the exemption is approved. Anyone 

who wants to fly outside the blanket parameters must obtain a separate COA specific to the 

airspace required for that operation. also in the Public Interest that many of the low level flight 

operations now conducted by manned aircraft could be accomplished with these light, fire 

resistant unmanned aircraft that can operate at a fraction of the cost to both the operator and 

consumer. These aircraft can be operated without risk of loss of life or limb, without significant 

financial impact to the operator or any person or property on the ground in the event of the loss 

of an aircraft. Finally the petitioner believes that granting this exemption would help to further by 

Administrators process of integration of UAS systems and possibility help to create additional 

regulations and guidance to be used as these systems become more widely utilized.”

Petitioner meets all requirements to permit FAA approval of commercial UAS operations 

and satisfies the criteria articulated in section 333 of the Reform Act of 2012including 

weight, speed, operating capabilities, people in charge-PIC and Visual Spotter, 

proximity to airports and populated areas, operation within VLOS and national security. 

The proposed UAS operations in NAS will benefit the public as a whole by improving 

safety and reducing risk when performing the same actions of photo and video by 

elevating human risk to exposure to danger. Further the activity will be covered by 

appropriate liability insurance for the activity of no less than one million dollars 

($1,000,000). In consideration of the foregoing, this petition provides the FAA with 

adequate information and justification to issue the requested permission to use and fly 

the UAS for the stated purposes.
14

Thank you to the FAA in consideration to issue authorization to the petitioner.

Sincerely, Jerald A Lavin, Jerald A. Lavin, Ltd.

May, 8, 2015________________________________________

For the petitioner, Matthew D. Lavin a/k/a Aerography

****** SUPPORTING EXHIBITS******

1. FLIGHT OPERATIONS PROTOCOL; ... a/k/a AEROGRAPHY

2. GRYPHON DYNAMICS 900, ROTORCRAFT

3. GRYPHON DYNAMICS 900 ASSEMBLY INSTRUCTIONS 

4. SPEKTRUM Telemetry User Manual

5. SPEKTRUM DX8 Instruction User Manual

6. IOSD (on screen display) User Manual

7. WOOKONG-M Multi-Rotor User Manual