Ohio Aerial Imaging 

David S. Fadorsen 

2237 Dessecker Drive NE 

Dover, Ohio 44622 

Phone: 330.432.6758 

Email: DaveFadorsen@Gmail.com 

August 16, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Ohio Aerial Imaging Submission of Request for Authorization to Conduct Unmanned 

Aircraft Systems Operations Allowed by Section 333 of the FAA Modernization and Reform Act 

of 2012 Through the Exemption Process Identified Under 14 C.F.R. § 11.81 

Dear Sir/Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act), 

Ohio Aerial Imaging ("Petitioner"), hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) to allow commercial operation of an unmanned aerial system (UAS) for aerial 

photography and videography, advertising and marketing campaigns, closed-set motion picture 

and filming, conducting inspections, search & rescue and other data collection within the United 

States National Airspace System (NAS) so long as operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333. This 

request is separate from any Certificate of Authorization/Waiver (COA) requested. 

Section 333 of The Reform Act allows the Secretary of Transportation to determine if certain UAS 

may operate safely in the national airspace based on, "their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight as 

to not create a hazard to users of the national airspace system or the public, and not pose a threat 

to national security Pursuant to 14 C.F.R. § 11.81, contained within is detailed information on why 

the approval of the request is in the best interests of the public and how the approval will provide 

a level of safety at least equal to that provided by the rule from which exemption is sought. 

Thank you for your time and consideration. 

David S. Fadorsen 

Ohio Aerial Imaging 

Applicant Contact Information: 

Ohio Aerial Imaging 

Attn: David S. Fadorsen 

2237 Dessecker Drive NE 

Dover, Ohio 44622 

330.432.6758 

DaveFadorsen@Gmail.com 
Table of Contents 

I. Company Background 

II. Training and Operations 

III. Regulations - Exemptions Requested 

a. 14 CFR Part 21 Subpart H; 14 CFR § 91.203 (a) (l): Airworthiness Certificates 

b. 14 CFR § 61.113 (a) and (b) and§ 61.133(a)(1)(ii): Private and Commercial Pilot 

Privileges and Limitations 

c. 14 CFR § 91.7(a): Civil Aircraft Worthiness 

d. 14 CFR § 91.9 (b) (2): Civil Aircraft Flight Manual 

e. 14 CFR § 91.109: Flight instruction 

f. 14 CFR § 91.119: Minimum Safe Altitudes 

g. 14 CFR § 91.121: Altimeter Settings 

h. 14 CFR § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

i. 14 CFR § 91.405(a), § 91.407(a)(1 ), § 91.409(a)(2) and § 91.417(a) and (b): 

Maintenance Inspections 

IV. Public Interest and Safety 

V. Federal Register Summary 

APPENDIX A 

 Operations Manuals and UAS Specification Links 

APPENDIX B 

 Protocols and Controls 

 
I. Company Background 

Petitioner will provided commercial photography and videography for advertising, corporate 

publications, catalogs, annual reports, closed-set motion picture and filming, surveying, potential 

search and rescue, websites and other data collection services. Petitioner continually seeks to 

bring new technology, techniques, and creative methods to clients in order to maximize the 

effectiveness of various campaigns. In order to continue to provide customers with services they 

need, Petitioner seeks regulatory exemptions that will allow Petitioner to employ UAS 

technology in the photography, videography and other data collection processes. 

II. Training and Operations 

The Aircrafts: 

1. DJI Phantom 2 Vision Plus 

2. DJI Phantom 3 

3. DJI Inspire 1 

Designs/Performance/Specifications: 

1. DJI Phantom 2 Vision Plus 

a. See Link: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus

_User_Manual_v1.8_en.pdf

2. DJI Phantom 3 

a. See Link: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu

al_v1.2_en.pdf 

3. DJI Inspire 1 

a. See Link: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

Aircraft Registration: 

The UAS will be identified by serial number and registered in accordance with 14 C.F.R. 

§ 47, and have an identification markings in accordance with 14 C.F.R. § 45 Subpart C. 

These markings will be made as large as is practicable on the UAS in accordance with 14 

C.F. R. § 5.29 (f). 

Maintenance Standards: 

Pilot in charge (PIC) must determine whether UAS is in condition for safe flight. 

Pre and post flight inspections will be routinely conducted. 
Maintenance will be performed in accordance with the manufacturer's guidelines. All 

inspections and maintenance will be documented in house. After maintenance, technician 

will verify the UAS is ready for flight. 

PIC Training: 

PIC will: 

Have a private pilot license; 

Have a third-class airman medical certificate; 

Meet the minimum flight hour requirements required by the FAA in Exemption 

No. 11062 {Astraeus) and in a manner consistent with 14 C.F.R. § 61.51 (b) 

Visual Observer: 

Must maintain sight of UAS at all times. 

Does not require medical certification. 

Operations Execution 

Given the fact that commercial UAS operations are restricted due to the lack of regulations, a 

logical and safe solution is to utilize the parameters of model aircraft operation outlined in 

Section 336 of PL 112-95 as well as other guidelines found within 14 C.F.R. 

The following list provides specific rules and guidelines all Petitioner UAS operations will 

adhere to in order to ensure at least an equivalent or higher level of safety when compared to 

manned aircraft performing the same functions as outlined in 14 C.F.R .: 

I) All flight crews will: 

a. Be comprised of a minimum of 2 members. One for piloting, one for visual 

observation. 

b. Perform pre-flight operations to ensure the safety of the flight in accordance with 

C.F.R. § 91.103 (b) {I) and (2), excepting the Aircraft and Rotorcraft Manual 

requirements of the regulation, including reviews as outlined in APPENDIX B – 

Protocols and Controls 

III. Regulations- Exemption Requested 

Pursuant to 14 CFR § 11.81(b) and (e), Petitioner seeks exemptions from the below mentioned 

regulations and provides reasons as to why the exemptions should be approved based on the 

level of safety at least equal to what the rule requires. 

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by 14 C.F. R. § 91.203 (a) (l). 
An exemption from 14 C.F.R. § 21 subpart H meets the requirements of an equivalent level of 

safety under § 11 and§ 333 of The Reform Act considering the UAS's “size, weight, speed, 

operational capability and proximity to airports and populated areas ..." 

The UAS’s are small and do not fly in excess of 50 knots, and maximum flight times measured 

in minutes. They do not carry passenger, pilot, or flammable or explosive materials, liquids, or 

fuels. As stated in the Operations Execution section above, the UAS will operate in compliance 

with the model aircraft operation parameters and will be programmed before each flight to only 

the areas necessary for Petitioner's specific job. Further, the UAS’s are able to respond to a loss 

of GPS, controller communication, or battery power with a pre-coordinated, predictable, 

automated flight maneuver known as fail safe mode. These safety features provide an equivalent 

level of safety compared to a manned aircraft holding a restricted airworthiness certificate 

performing a similar operation. 

b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133 (a)(1)(ii) - Private and 

Commercial Pilot Privileges and Limitations 

14 C.F .R. § 61.1 13 (a) and (b) states that, "(a) ... no person who hold s a private pilot certificate 

may act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as a pilot in command 

of an aircraft (b) A private pilot may, for compensation or hire, act as a 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 (2) The aircraft does not carry passengers or property for compensation 

or hire." 

14 C.F.R. § 61.133 (a) (1) states, “... A person who hold s a commercial pilot certificate may act 

as a pilot in command of an aircraft... (ii) For compensation or hire, provided the person is 

qualified in accordance with this part and with the applicable parts of this chapter that apply to 

the operation.” 

§ 61.113 (a) and (b) limits private pilots to non-commercial operations. But, because the UAS 

will not be carrying a pilot or passengers, will operate in the NAS over property which they have 

been granted permission by the property owner/controller, and the airmanship skills necessary to 

operate a UAS are not as extensive as those necessary to operate a commercial airliner, an 

equivalent level of safety can be achieved by requiring the pilot operating the UAS to have a 

private pilot's license and a third-class airman medical certificate. Further, the area of operation 

of the UAS will be controlled and restricted and all flights are planned and coordinated in 

advance using the UAS's pre-programmed flight limits. Unlike a conventional commercial 

aircraft with pilot and passengers, a UAS operated by a private pilot exceeds the level of safety 

provided in § 61.113 and§ 61.133. 

Petitioner requests the same relief as was granted in Exemption No. 11172 (Blue-Chip) and 

Exemption No. 11062 (Astraeus). 
c. 14 C.F.R. § 91.7(a) - Civil Aircraft Worthiness 

This regulation states that, “no person may operate a civil aircraft unless it is in an airworthy 

condition." 

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

granted, no FAA regulatory standard will exist to determine airworthiness. Given the size of the 

aircraft and Petitioner's maintenance standards, an equivalent level of safety will be provided. 

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

This section 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 UAS’s, given their size and shape has no ability to place or carry such a flight manual on the 

aircraft. An equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. 

e. 14 C.F.R. § 91.109 - Flight instruction 

This section prohibits operation of a civil aircraft, other than a manned free balloon, that is being 

used for flight instruction unless the aircraft has fully functioning dual controls. 

The majority of UAS and remotely piloted aircraft by their design do not have fully functional 

dual controls. Generally, they are developed with a single operational control through the use of 

pre-determined GPS enabled waypoints programmed before flight in addition to the use of a 

single hand held transmitter or control station controlled by the pilot. This design does not allow 

for dual control s during flight training. 

An equivalent level of safety will be ensured during training operations based on the size and 

speed of the aircraft coupled with the lack of pilots, passengers, and flammable liquids and fuels, 

by utilizing the same flight planning process as normal operations. 

f. 14 C.F.R. § 91.119 - Minimum Safe Altitudes 

This section establishes safe altitudes for the operation of civil aircraft and states, “except when 

necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: 

... (c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.” 

Petitioner will achieve an equivalent level of safety because UAS operation will be conducted 

below 400 feet in accordance with the model aircraft operation parameters. In open areas, the 
UAS will not be operated within 500 feet of any non-essential persons, vehicles, vessels, or 

structures. The UAS may be operated within 500 feet of essential flight personnel when 

operations are necessary, provided operation s will not cause an undue hazard to an essential 

person. In areas which are not open areas, the PIC shall make a safety assessment. If barriers or 

structures are present that can sufficiently protect non-essential persons from the UAS or debris 

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

such protection, for so long as the persons remain under such protection. The operator shall 

immediately cease operations in a safe manner when such non-essential persons leave their 

protection and the UAS is within 500 feet. Petitioner may conduct operations closer than 500 feet 

to vessels, vehicles, and structures only when the owner/controller of any such vessels, vehicles, 

or structures grants permission for the operation and the PIC makes a safety assessment of the 

risk of operating closer to those objects and determines that it does not present an undue hazard. 

g. 14 C.F.R. § 91.121 - Altimeter Settings 

This section states, “each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating ..." 

The UASs are equipped with GPS which provides altitude and geo-location data, rather than a 

barometric altimeter. An equivalent level of safety will be achieved by utilizing the UAS’s 

software during flight which allows the PIC to view real time altimeter readings via a Wi-Fi 

signal to a smart device and by the PIC confirming the altitude of the UAS at launch and in 

flight. Further, the UAS’s emergency procedures commence landing if contact with the pilot is 

broken. 

h. 14 C.F.R. § 91.15l (a) - Fuel Requirements for Flight in VFR Conditions 

This section states, “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 for at least 30 

minutes...” 

This regulation is written based on the capabilities of traditional aircraft which have flight times 

of several hours or greater. UASs on the other hand, generally only have flight times of 25 

minutes or less. In order to ensure an equivalent level of safety, once the UASs reach a power 

level of no less than 20%, Petitioner will begin return to home procedures and initiate a landing 

sequence. 

i. 14 C.F.R. § 91.405(a), § 91.407 (a) (1), § 91.409(a)(2) and § 91.417(a) and (b) 

Maintenance Inspections 

§ 91.405 (a) states, “Each owner or operator of an aircraft - (a) 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 ... " 
§ 91.407 (a) (1) states, "No person may operate any aircraft that has undergone maintenance, 

preventative maintenance, rebuilding, or alteration unless- (1) it has been approved for return to 

service by a person authorized under § 43.7 of this chapter..." 

§ 91.409 (a) (2) states, "Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has had - ... (2) An 

inspection for the issuance of airworthiness certificate in accordance with part 21 of this chapter. 

No inspection performed under paragraph (b) of this section may be substituted for any 

inspection required by this paragraph unless it is performed by a person authorized to perform 

annual inspections and is entered as an “annual" inspection in the required maintenance records." 

§ 91.41 7 (a) and (b) states, " Except for work performed in accordance with § 91.411 and 

91.413, each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section ... (b) The owner or operator shall retain the following 

records for the periods prescribed..." 

Given that these sections and part 43 only apply to aircraft with an airworthiness certificate, 

these sections will not apply to Petitioner, and therefore an exemption is required. An equivalent 

level of safety can be achieved because the UAS’s are small, have a 25 minute flight time, and 

will be operated in restricted and controlled areas. Once the UASs reach a power level of no less 

than 20%, Petitioner will begin return to home procedures and initiate landing sequence. 

Therefore, if mechanical issues do arise, the UAS will land immediately within the controlled 

operating area. Further, an equivalent level of safety is achieved through Petitioner’s 

maintenance standards. Petitioner will routinely conduct pre and post flight inspections and 

maintenance will be performed in accordance with the manufacturer's guidelines. All inspections 

and maintenance will be documented in house. After maintenance, technician will verify the 

UAS is ready for flight. 

IV. Public Interest and Safety 

The Public's best interest is achieved by the safe integration of UAS into the NAS. With the 

ongoing exemption process, the FAA has to identify those exemption requests with the public's 

best interest in mind and select the companies who will be able to achieve this in a safe and 

responsible manner in order to pave the way for commercial use of UAS. Petitioner is one of 

these companies. 

Petitioner will provide aerial photography and videography utilizing UAS in strict operating 

environments. The use of UAS in this field will benefit the public by encouraging a higher level 

of creative work at a lower cost to clients which will allow these clients to become more 

profitable. The increase in profitability can create a larger customer base for the client, which can 

therefore increase demand of their products, and ultimately lead to more jobs, increased wages, 

and the growth of the overall economy in Petitioner's region. 

Further, the use of UAS in this field will benefit the public by utilizing a safer aircraft for 

creative purposes. Aerial photography and videography has been limited to manned fixed wing 
aircraft and helicopters. These aircraft can weigh 5000 lbs. or more and are operated by an on 

board pilot, in addition to other onboard crew members, as necessary. In comparison, Petitioner's 

aircrafts weigh just a few lbs. and the pilot and crew will be remotely located from the aircraft. 

The limited weight of the aircraft significantly reduces the potential for harm to persons or 

damage to property in the event of an incident or accident while the risk to on board pilot and 

crew is eliminated. 

Further, manned aircraft can carry 100 gallons or more of fuel and therefore are at risk of fuel 

spillage or fire in the event of an incident or accident. The Petitioner’s UASs carry no fuel and 

therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. 

V. Federal Register Summary 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (The Reform Act), 

Ohio Aerial Imaging ("Petitioner"), hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) to allow commercial operation of an unmanned aerial system (UAS) for 

aerial photography and videography, advertising and marketing campaigns, closed-set motion 

picture and filming, conducting inspections, search & rescue and other data collection within the 

United States National Airspace System (NAS) so long as operations are conducted within and 

under the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

Section 333 of The Reform Act allows the Secretary of Transportation to determine if certain 

UASs may operate safely in the national airspace based on, "their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line 

of sight..." as to not create a hazard to users of the national airspace system or the public, and 

not pose a threat to national security. 

Petitioner will provide commercial photography and videography for advertising and marketing 

campaigns, closed set motion picture and filming, inspections, search & rescue, and other data 

collection. Petitioner continually seeks to bring new technology, techniques, and creative 

methods to clients in order to maximize the effectiveness of various campaigns. Petitioner has a 

vested interest in seeing that the UAS’s are operated safely, so as not to tarnish Petitioner’s 

business reputation. In order to continue to provide the best in advertising campaigns, in a safe 

and reasonable way, Petitioner seeks regulatory exemptions that will allow Petitioner to employ 

UAS technology in the photography, videography and other data collection processes. 

Regulations from which an exemption is requested: 

a. 14 C.F.R. § 21 Subpart H; 14 C.F.R. § 91.203 (a) (I) - Airworthiness Certificates 

b. 14 C.F.R. § 61.113 (a) and (b) and§ 61.133(a)(1)(ii)- Private and Commercial Pilot 

Privileges and Limitations 

c. 14 C.F.R. § 91.7(a) - Civil Aircraft Worthiness 

d. 14 C.F.R. § 91.9 (b)(2) - Civil Aircraft Flight Manual 

e. 14 C.F.R. § 91.109 - Flight instruction 
f. 14 C.F.R. § 91.119- Minimum Safe Altitudes 

g. 14 C.F.R. § 91.121- Altimeter Settings 

h. 14 C.F.R. § 91.15l (a) - Fuel Requirements for Flight in VFR Conditions 

i. 14 C.F.R. § 91.405(a), § 91.407(a) (1), § 91.409(a)(2) and§ 91.417(a) and (b) Maintenance 

Inspections 

Through this exemption request, Petitioner has shown that they will ensure the public's best 

interest during UAS operation. The small size, weight, and speed of Petitioner's UASs combined 

with extensive safety precautions ensures that Petitioner will safely operate UASs. Petitioner has 

also shown how approval of this request will meet and/or exceed an equivalent level of safety for 

the exemptions requested. 

 
Appendix A 

DJI Phantom 2 Vision-Plus Quad Copter 

Manuals and Specifications 

Operator Manual: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manual_v1.8_en.pdf

Pilot Training Guide: http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1_en.p

df

Specifications Data: http://www.dji.com/product/phantom-2-vision-plus/spec

DJI Phantom 3 Quad Copter 

Manuals and Specifications 

Operator Manual: http://download.djiinnovations.com/downloads/phantom_3/jp/Phantom_3_Professional_User_Manual_v1.2_jp.pdf

Quick Start Guide: http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf

Specifications Data Sheet:  http://www.dji.com/product/phantom‐3/spec

DJI Inspire 1 Quad Copter 

Manuals and Specifications 

Operator Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

Maintenance Manual: http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

Specifications Data Sheet:  http://www.dji.com/product/inspire-1/spec 
Appendix B 

Ohio Aerial Imaging Protocols and Controls 

Safety for public on the ground as well as manned aircraft above is an essential and 

utmost consideration for aerial videos and photography. As such, safety protocols 

and controls must be implemented through pre-flight preparation and during flight. 

Pre-Flight Protocol: 

1. Check batteries with voltage meter to insure fully charged and ready for use. 

2. Inspect batteries for damage or leakage that may affect proper operation. 

3. Inspect propellers for cracks, chips or damage that may cause sudden loss of 

propulsion or unmanageable/uncontrolled flight. 

4. Check weather forecasts for wind advisory or other conditions that my impact 

flight. 

5. Consult five (5) mile radius map for airport vicinity. 

Contact respective airport to advise of estimated flight time, estimated flight 

duration, estimated elevation of flight, and any other pertinent information. 

6. Inspect flight area for: 

vicinity of public safety helipads/heliports 

vicinity of medical helipads/heliports 

vicinity of light poles 

vicinity of utility wires 

vicinity of trees 

flocks of birds that may cause interference and potential flight impact 

vicinity of any elevated obstructions that may pose potential flight hazard 

vicinity of roadways with moderate to heavy traffic that can be distracted 

public gatherings that may attract viewers 

optional point of control for best visual site of UAS while in flight 

Takeoff and Landing: 

1. Inspect area for best and safest point of takeoff and landing 

2. If in a subdivision or area that is within 150 feet of a residential street, post 

warning sign(s)/stand(s) “Attention Aerial Photography In Progress” 

3. Takeoff and land from same location if possible 

4. Land and shut down propulsion immediately following landing 
Flight Protocol: 

1. Remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

2. Do not allow anyone to engage in conversation or distract the remote control 

pilot 

3. Restrict flight to minimal elevation sufficient to acquire desired results 

4. Remain prepared for emergency landing at all times 

5. Pay attention to flight time 

6. If possible set a timer as a safety alert 

Post flight: 

1. Disconnect battery to prevent accidental activation of propulsion system 

2. Secure UAS in a safe location 

3. Remove all warning signs from public access areas 

Emergency or Suspected Hazard: 

Immediate land UAS at safest and closet ground location in the event of: 

1. Manned aircraft is heard or seen in vicinity of flight 

2. There is a public gathering within established safety boundary wanting to 

observe flight 

3. Pilot is being distracted from focusing on flight and safety 

4. Sudden change in weather (wind bursts) 

5. Sudden increase in vehicular traffic in vicinity of flight 

6. Birds enter into proximity of flight 

7. Any sudden unsafe event that can cause collision, distraction or interruption 

of control