Richard W. Moore 

Heavenly Pictures

609 Wallace Avenue

Louisville, KY 40207 USA

June 11, 2015

U.S. Department of Transportation

Docket Management System

1200New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 

91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and 

(b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Richard W. Moore, operator of small Unmanned Aerial Systems (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations to allow 

commercial operation of a small UAS, so long as such operations are conducted within 

and under the conditions outlined herein or as my be established by the FAA as required 

by Section 333. My 20 years experience flying hobby helicopters is evident by the safety 

precautions I take and how I will operate UAS.

Commercial operation small UAS, as described herein, which are equipped with cameras 

and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveys, engineering and other related professional needs.

2. Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority.

3. Aerial video/photography or providing live video feed and thermal capabilities to assist 

with search and rescue operations in cases of an emergency as requested by local 

authorities.

As described fully below, the requested exemption would permit the operation of small 

UAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of 
such aircraft systems in the national airspace system.”

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Richard W. Moore - Request for exemption for commercial operation of small UAS

The name, phone, email and address of the applicant:

Name: Richard W. Moore

Phone: (502) 689-3877

Email: rickmoore@me.com

Address: 609 Wallace Avenue, Louisville KY 40207 USA

Regulations from which the exemption is requested: 14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

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)

The small UAS I will be using is a multi-rotor craft weighing no more than 55lbs. 

including payload. Under normal conditions they operate at speeds of no more than 45 

Mph or 39 Knots and have the ability hover and move along a vertical and horizontal 

plane simultaneously. They will operate in line of sight only and by the exempted person 

only obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the 

proposed operations will adhere to the Reform Act’s safety requirements. The approval 

of this application presents no national security issues. Regarding the level of safety 

surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the 

requested exemption is in the public interest. 

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Richard W. Moore - Request for exemption for commercial operation of small UAS
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using 

conventional aircraft.These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as 

set forth in the Flight Operations Manual (FOM) include:

1) The small UAS will weigh less than 55 lbs.

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

3) Maximum flight time for each operational flight will be 30 minutes. Flights will 

be terminated at 25% battery power reserve or 30 minutes of flight time 

whichever occurs first.

4) Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned.

5) Minimum crew for each operation will consist of the small UAS Pilot in 

Command (PIC), the Visual Observer (VO) when needed and may include but not 

limited to a Camera Operator.

6) The small UAS pilot will be Richard W. Moore, who will not allow any other 

person to operate the small UAS in a commercial capacity.

7) A briefing will be performed regarding the planned small UAS operations prior to 

each day’s flight consisting of all the days’ production activities.

8) The PIC will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. 

With the advanced permission or direction of the FSDO, operations at closer 

range may be approved.

9) The PIC and VO will have been trained in operation of small UAS and receive 

up-to-date information for the particular small UAS to be operated and will be 

able to show upon request their competent ability to operate the small UAS and/or 

Camera.

10) The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times.

11) Written and/or verbal permission and permits will be obtained from territorial, 

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

appropriate governmental agencies when needed.
12) If the small UAS loses communications or loses GPS signal, the small UAS will 

have the capability to return to a pre-determined location within a designated 

location and land autonomously. This is a safety feature of the UAS we have 

chosen to fly for this reason.

13) The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

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Richard W. Moore - Request for exemption for commercial operation of small UAS

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, 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 small UAS. In all cases, an analysis of these criteria demonstrates 

that the small UAS 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 aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.

The small UAS to be operated hereunder is 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 and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

under the requirements and in compliance with local public safety requirements. These 

safety enhancements 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 small UAS, 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.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 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.

Even though the small UAS will have no airworthiness certificate, an exemption may be 

needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word “Experimental” can be placed. Given the size of the small UAS, two-inch 

lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). The equivalent level of safety will be provided by having the 

small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and 

others working with the small UAS will see the identification of the small UAS as 

“Experimental.”

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Richard W. Moore - Request for exemption for commercial operation of small UAS

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation 

or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not 

ensure remote control piloting skills. The risks attendant to the operation of small UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I 

feel the operation and limitations set forth in the FOM will equate to the safe operation of 

the small UAS.

14 C.F.R. §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 safety checklists 

prior to each flight an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: 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. The small UAS, given its size and configuration has no ability or place to carry 

such a flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground control 
point where the pilot flying the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The OPERATOR will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

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

dual controls. Small UAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. 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. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft.

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Richard W. Moore - Request for exemption for commercial operation of small UAS

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed 

to allow such operations. As set forth herein, the small UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the small UAS is used to 

survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will 

not be operated more than 100' above the highest point on the structure. It will however 

be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. The equivalent level of 

safety will be achieved given the size, weight, speed of the small UAS as well as the 

location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner 

and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 
with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the small UAS will ensure separation between these small- UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the small UAS may not have 

a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “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 small UAS provides 

approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement 

in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the small UAS’s proposed flight area and the location of 

its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, 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 UAS. Additionally, limiting small UAS 

flights to 10 minutes would greatly

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Richard W. Moore - Request for exemption for commercial operation of small UAS

Reduce the utility for which the exemption will be granted. Applicant believes that 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 small UAS to its planned landing zone from anywhere in its limited operating 

area.

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

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.

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the small UAS will have immediate access to them; to 

the extent they are applicable to the small UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. Given that these section and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to the applicant. Maintenance 

will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because these small UASs are 

very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the small UAS can land immediately 

and will be operating from no higher than 400 feet AGL. The operator will ensure that 

the small UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, 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.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the small UAS Manufacturer's Manual, as referenced in 

the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will 

ensure that the small UAS is in working order prior to initiating flight and perform 

required maintenance needed.

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Richard W. Moore - Request for exemption for commercial operation of small UAS

Small UAS Information

Small UAS’s to be used are as follows but not limited to providing they are within the 

scope of the exemption granted by the FAA:

1. DJI Phantom 2 Vision Plus (P2VP)
• · Weight (Battery & Propellers Included) –2.74 lbs.

• · Hover Accuracy (Ready to Fly) –Vertical: 24 ft; Horizontal: 7.5 ft

• · Max Yaw Angular Velocity -2000/s

• · Max Tilt Angel -350

• · Max Ascent Speed –18 ft/s

• · Max Descent Speed – 6 ft/s

• · Max Flight Speed –45 ft/s

• · DJI P2VP Battery

• DJI 5200mAH LiPo Battery · DJI P2VP Gimbal

• Working Current –Static: 750mA; Dynamic: 900mA o Control Accuracy -

±0.030o Controllable Range –Pitch: -900 -00o Maximum Angular Speed –

Pitch: 900/s

• · DJI P2VP Camerao Operating Temperature Range -320F -1040F o Sensor Size 

–1/2.3 in.o Effective Pixels –14Mo Resolution –4384x3288o HD Video 

Recording –1080p30 & 720po Recording Field of View -1100/850

• · DJI P2VP Transmittero Operating Frequency –5.728GHz –5.85GHzo 

Communication Distance (unobstructed) –FCC Compliance: 2400 fto Receiver 

Sensitivity (1%PER) --93dBmo Transmitter Power –FCC Compliance: 100mW 

1.1.4.5 Working Voltage –120mA@3.7V

· DJI P2VP Range Extendero Frequency –2412-2462MHz

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Richard W. Moore - Request for exemption for commercial operation of small UAS

Conclusion

Thank you for the consideration of these exemptions. Sincerely,

Richard W. Moore

Heaveny Pictures