EXEMPTION REQUEST 

Section 333 of the FAA Reform Act. 

MARCH 2, 2015 

STEPHEN VAN VICKLE 

104 South Foxhall Lane, Weyers Cave, Va. 24486 
March 14, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act. 

Dear Sir or Madam: 

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

Stephen E Van Vickie (the applicant), planned operator of Small unmanned Aircraft Systems (sUAS) 

equipped to conduct aerial photography and sutvey for various industries hereby applies for an 

exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their sUAS, so 

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

established by the FAA as required by Section 333. 

Contact information 

Stephen E. Van Vickie 

104 South Foxhall Lane 

Weyers Cave, Virginia 24486 

Phone: (540) 209-0700 

Fax: (540) 437-3517 

Email: Stephen@VanVickle.com 

The specific section or sections of 14 CFR from which I seek and exemption: 

Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation 

Regulations, Seeking Exemption from: 

14 CFR Part 21 Subpart H 

14 CFR § 45.23{b) 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151 

14 CFR 91.405 

14 CFR 91.407(a)(1) 

14 CFR 91.409(a)(1) and (2) 

14 CFR 91.417(a) and (b) 

The extent of relief and the reason I seek the relief: 

I, Stephen E Van Vickie, a commercial pilot, submit this application in accordance with the Reform 

Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

me, Stephen E Van Vickie, contemplated commercial cinematic, academic and other flight 

operations within the national airspace system. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our national airspace system as it is in the 

Stephen EVan VIckie- Section 333 Exemption Petition 

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public's interest to do so. My, Stephen E Van Vickie's, sUAS1 meets the definition of "small 

unmanned aircraft" as defined in Section 331 and therefore the integration of my sUAS is expressly 

contemplated by the Reform Act. I would like to operate my sUAS prior to the time period by which 

the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing 

direct experience and valuable information for formal regulation that can be administered uniformly 

to all related sUAS aerial video and photography. The Reform Act guides the Secretary in 

determining the types of sUAS that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the sUAS's; whether the 

sUAS will be operated near airports or heavily populated areas; and, Whether the sUAS will be 

operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an 

exemption for me, Stephen E Van Vickie. My sUAS utilizes four ( 4) counter-rotating propellers for 

balance, control and stability. My sUAS is equipped with GPS and auto return safety technology. 

Weighing less than six (6) pounds {far below the maximum 55 pound limit); including payload. 

I, Stephen E Van Vickie, considers safety as foremost with each flight. Built in safety systems 

include a GPS mode that allows my sUAS to hover in place when radio controls are released. When 

pilot communication is lost sUAS is designed slowly descend to point of takeoff. I do not operate 

my sUAS near Hospitals nor Police heliports, and do not operate near areas where general public is 

within fifty to one hundred (50-100) yards depending on location, conditions and weather. I am 

constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to 

land/abort immediately to the nearest and safest ground point should a manned aircraft approach 

my location or I suspect manned aircraft may approach near my location. My sUAS is capable of 

vertical and horizontal operations, and are flown only within my line of sight and my visual observer 

(VO), as the remote control pilot. Utilizing battery power rather than combustible fuels, flights 

generally last between five (5) to fifteen (15) minutes, with an altitude generally under two 

hundred fifty (250) feet. I, Stephen E Van Vickie, utilize a fresh fully charged battery with each 

flight as a safety precaution; full flight time limit for each battery Is (25) minutes as tested. I do not 

operate my sUAS at or below manufacture recommend minimum charge levels for operation2

; preferring to remain well within a safe operating range to insure adequate communication between 

radio control and sUAS to eliminate potential for crash, loss of control or hazard. Reserve batteries 

are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not 

believe in taking risk that may cause a crash that could create hazard to the public, property, or 

other manned aircraft. I have logged1 numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the characteristics of this 

specific sUAS's performance under different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and response reflex time. All for the sake 

of safety. 

I, Stephen E Van Vickie's, am extremely cautious when operating of my sUAS will not "create a 

hazard to users of the national airspace system or the public." 112 P.L. 95 § 333 (b). Given the 

small size and weight of my sUAS's it falls well within Congress's contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate sUAS's into the national 

airspace system. Stephen E Van Vickie's sUAS, used in hobby flight, has a demonstrable safety 

record and does not pose any threat to the general public or national security. 

1 APPENDIX A- Phantom 2 Vision+ 2 APPENDIX A- Phantom 2 Vision+ Smart Flight Battery Guidelines 3 APPENDIX B - Forms- Pilot Master log 

Stephen E Van Vickie - Section 333 Exemption Petition 

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How the request would benefit the public as a whole: 

Aerial videography for geographical awareness has been around for a long time through manned 

fixed wing aircraft and helicopters. For small budget companies the expense of such aerial 

videography is cost prohibitive. Only large companies can afford to absorb such expense. Depriving 

lower budget business from a valuable marketing tool. Manned aircraft pose a threat to the public 

through potential catastrophic crash that this area has experienced in the past with military aircraft 

and medical helicopter crashes. Each resulting In loss of life. Each with combustible fuel that 

exploded and burned on impact. My, Stephen E Van Vickie's, sUAS pose no such threat since size 

and lack of combustible fuel alleviates any potential threat to the public. Congress has already 

proclaimed that it is in the public's interest to integrate commercially flown sUAS's into the national 

airspace system, hence the passing of the Reform Act. Granting my, Stephen E Van Vickie, 

exemption request furthers the public interest through academic/visual awareness of the 

geographical benefits. My sUAS is battery powered and creates no emissions that can harm the 

environment. The consequence of my sUAS crashing is far less than a full size helicopter or fixed 

wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to 

the public. 

The public's interest is furthered by minimizing ecological and crash threat by permitting aerial 

video/photo capture through my battery operated sUAS. Permitting me, Stephen E Van Vickie, to 

immediately fly within national air space furthers economic growth. Granting my exemption request 

substantially furthers the economic impact for the companies looking to relocate or build as well as 

individuals looking to relocate for career advancement through academic and geographical 

awareness. Both of which serve as a stimulus to the community. 

Reasons why the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to the existing rule: 

My, Stephen EVan Vickie's, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Stephen E Van Vickie, to log more flight time in FAA controlled 

airspace, with communication with the FAA, will allow me to contribute to the innovation and 

implementation of new and novel, as of yet undiscovered safety protocols development in 

cooperation with the FAA. In addition I, Stephen E Van Vickie, submit the following representations 

of enhancements to current aerial videography and photography: 

• My sUAS weighs 5.7 pounds including payload. 

• My sUAS will not exceed 33.40 MPH (42.6 Knots). 

• My sUAS will only be operated by a person that is at a minimum a licensed private pilot, 

with at least a third class medical. 

• I only operate my sUAS well within the 400 foot permissible ceiling set by the FAA 

Modernization and Reform Act of 2012. 

• My sUAS will only operate for 5 -15 minutes per flight. 

• My sUAS meets or exceeds all FCC requirements."~ 

• I land my UAS prior to manufacturer recommended minimum level of battery power. 

• I pilot my UAS through remote control only by line of sight of the PIC and the visual 

observer. 

4 APPENDIX- Forms · FCC Verifications 

Stephen EVan VIckie- Section 333 Exemption Petition 

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• My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost. 

• I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols. 

• I only operate in reasonably safe environment that are strictly controlled, are away from 

power lines, elevated lights and actively populated areas. 

• I conduct pre-flight inspections5 and protocol6

, during which safety carries primary 

importance. 

• I always obtains all necessary permissions prior to operation7

• 

My, Stephen EVan Vickie's, safety protocols provide a level of safety equal to or exceeding existing 

rules. It is important to note that absent the integration of commercial UAS into our national 

airspace system, helicopters are the primary means of aerial video and photography for community 

awareness and real estate. While the safety record of such helicopters is remarkably astounding, 

there has been a local incident involving loss of life; it is far safer to operate a battery powered 

sUAS. 

• First, the potential loss of life is diminished because UAS's carry no people on board and I 

only operates my UAS in specific areas away from mass populations. 

• Second, there is no fuel on board a UAS and thus the potential for fire or explosions is 

greatly diminished. 

• Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot 

away from and avoid hazards quickly and safely. 

• Lastly, given its small size and weight, even when close enough to capture amazing images, 

my UAS need not be so close to the objects they are focused on through the technology 

and use of post editing software allowing pan and zoom. 

Accordingly, my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels. 

A summary that can be published in the Federal Register 

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

14 C.F.R. 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, Stephen EVan Vickie's, sUAS 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 

5 APPENDIX FORMS - Preflight Check list 6 APPENDIX FORMS- Flight Safety 7 Appendix Forms - Flight Notification 

Stephen EVan Vickie- Section 333 Exemption Petition 

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.. 
areas such as airports and dense populations. My, Stephen E Van Vickie's, current and projected 

UAS's meet or exceed each of the elements. 

14 C.F.R. 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 C.F.R. § 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. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 

10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings. 

This is inapplicable insofar as my UAS utilizes electronic global positioning systems with a 

barometric sensor. 

14 C.F.R. § 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, Stephen E Van 

Vickie. 

14 C.F.R. § 45.23: Marking of the Aircraft. 

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

specifications. My sUAS 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 impossible 

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to 

be operated at lower altitudes in certain conditions. My sUAS will never operate at an altitude 

greater than the standard of 400 AGL. I, Stephen E Van Vickie, will however operate my sUAS 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 sUAS, an equivalent or higher level of safety will be achieved. The UA may not operate within 5 

nautical miles of an airport reference point as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request. The FAA 

Stephen EVan Vitlde - Section 333 Exemption Petition 

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has previously issued exemptions to this regulation in Exemptions No. 11067, 11158, 11161, 

11166, 11167, 11170, 11172. 

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

The above-cited Regulations require, amongst other things, aircraft owners and operators to "have 

[the] 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. . . . " 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, 

apply to my, Stephen E Van Vickie's, UAS. However, as a safety precaution I inspect my UAS before 

and after each flight. Log any discrepancies and repairs in the maintenance log8• 

A Summary The FAA May Publish in the Federal Register: 

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

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed 

operational area of my UAS permits exemption from Part 21 because my, Stephen EVan Vickie's, 

sUAS meets 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 sUAS'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 UAS 

meets or exceeds each of the elements. 14 C.F.R. 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 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual In the aircraft. As there are no 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 

manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 95658, 10167, maintenance program that involves regular 

software updates and curative measures for any damaged hardware. Therefore, an equivalent level 

of safety will be achieved. 

Any additional Information, views or argument available to support your request. 

Currently, area awareness and aerial videography/photography relies primarily on the use of larger 

aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Stephen EVan 

Vickie's, request for exemption will reduce current risk levels and thereby enhance safety. My sUAS 

craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than 

conventional video and photographic aircraft with much less flight time. Further, I operate at lower 

altitudes and in controlled airspace eliminating potential public risk flying to and from established 

8 APPENDIX- Forms - Maintenance Log 

Stephen E Van VIckie - Section 333 Exemption Petition 

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air fields. I, Stephen E Van Vickie, have been informally analyzing flight information and will 

compile safety protocols and the implementation of a flight operations manual for usage that 

exceeds currently accepted means and methods for safe flight. Formal collection of information 

shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with 

the FAA Modernization and Reform Act of 2012. There are no personnel on board my, Stephen E 

Van Vickie's, sUAS and therefore the likelihood of death or serious bodily injury is significantly 

diminished. My, Stephen EVan Vickie's, operation of my sUAS, weighing less than 20 pounds and 

travelling at lower speeds within limited areas will provide an equivalent level of safety as that 

achieved under current FARs. Accordingly I, Stephen E Van Vickie, respectfully request that the FAA 

grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, 

safety of manned aircraft, and the general public at large. 

I am not asking for exemption from 14 CFR 61.113(a) and (b) as I have a commercial licenses 

(certificate# 2029682) with over 40 years of experience and 17,000+ logged hours. 

I do not wish to exercise the privileges of my exemption outside the U.S. 

Respectfully submitted, 

~f~t-/~ 

Stephen E Van Vickie 

104 South Foxhall Lane 

Weyers Cave, Virginia 24486 

Phone: (540) 209-0700 

Fax: (540) 437-3517 

Email: Stephen@VanVickle.com 

Stephen E Van Vickie-Section 333 Exemption Petition 

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