December 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 and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & 

(b); 91.7 (a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

In response to the official FAA correspondence requesting additional information in 

order to process this Petition for an Exemption to Section 333 of the FAA Reform Act 

and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 

11, John Michael Sibley, a freelance photographer, photojournalist and operator of a 

Small Unmanned Aircraft System ("sUAS"), hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to allow commercial operation of his Small 

Unmanned Aircraft Systems.

Proposed operation would include:

● Newsgathering/Media

● Weather Related Events and Phenomena

● Real Estate

● Marketing/Advertising

● Commercial and Film Production

● Sporting Events

● Emergency Management Partnering

● Nature and Landscape Photography and Videography

● Improve Safety for Current and Future UAS Utilization

As detailed in this document, the requested exemption would permit the operation of 

sUAS under controlled conditions in airspace that is limited, predetermined, controlled 

access and would provide safety enhancements to the safety procedures followed by John 

Michael Sibley at each one of his shoots.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation's responsibilities as outlined in Section 333 (c) of the Reform Act.

The name and address of the applicant is:

John Michael Sibley

PH: 404-542-8180

Email: john@livestormsnow.com

Address: 1499 East Bank Dr, Marietta, GA 30068
Regulations from which the exemption is requested:

14C.F.R.Part21, 14 C.F.R. 45.23(b), 14C.F.R.61.113(a)&(b), 14C.F.R.91.7(a), 14 C.F.R. 

91.9(b)(2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121,

14C.F.R.91.151(a), 14C.F.R.91.203(a)&(b), 14C.F.R.91.405(a), 14 C.F.R. 407(a)(1),

14C.F.R.409(a)(2), 14C.F.R.417(a)&(b) 

sUAS's submitted for exemption of the above safety regulations:

DJI Phantom 2

DJI Phantom 3

DJI Inspire 1

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under §40101 

of the Act, including sUAS's, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 4470244716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) Section 

333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate 

in the National Airspace System (NAS) without creating a hazard to the user, the public, 

or a threat to national security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close 

proximity to airports 

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system." Id. §333(c).

John Michael Sibley’s sUAS's are quadcopters, weighing 10 pounds or less including

payload. They operate under normal conditions at a speed of no more than 50 knots and 

have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. The sUAS's will operate only in the pilot's visual line of sight at all times 

and contained, safe area.

Considering the small size of the sUAS's involved and the restricted and sterile 

environment which they will operate, his application falls within the zone of safety 

Congress envisioned the FAA, by exemption, allow commercial operations of sUAS's to 

begin immediately.

In addition to the small size of the sUAS's, the low altitudes and restricted areas in which 
his sUAS's will operate, approval of the application presents no national security issue.

PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate safely 

in the NAS before completion of the rulemaking required under Section 332 of the 

Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing 

UAS's to operate with significant safety precautions in low risk environments.

The use of sUAS's for newsgathering purposes can provide the general public an 

additional avenue for getting news quickly and efficiently. In many breaking news 

situations, it is imperative to get information to the general public without interfering 

with the situation efforts on the ground. UAS's allow media to gather information by 

providing live video with little interference. In many instances, media and emergency 

management work together. UAS's can provide a live view through video/photography 

that can be used to assist with search and rescue during emergencies or natural disasters 

in which a helicopter or other conventional aircraft may be a larger safety issue.

In addition to newsgathering and media-related uses, sUAS's allow the operator to survey 

and gather images/video of worksites, real estate and situations on the ground from a safe 

vantage. UAS's can significantly reduce risk associated with each worksite given the 

sUAS's size and innate safety features (GPS lock, auto "Go Home," failsafe, etc.).

EQUIVALENT LEVEL OF SAFETY

John Michael Sibley proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. These 

limitations provide 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:

● The UAS will be less than 55 pounds.

● Flights will be operated within visual line of sight of a pilot.

● Maximum total flight time for each operational flight will be 15-20

minutes. The sUAS calculates battery reserve in real time, and will return to its 

ground station with at least 20% battery power reserve should that occur prior to 

the 30 minute limit.

● Flights will be operated at an altitude of no more than 400 feet AGL.

● The flights will occur no closer than a 5 mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport.

● All flights will occur under Visual Flight Rules Meteorological Conditions 
(VMC) only.

● Crew for each operation will consist of the sUAS pilot who will keep the sUAS 

within his/her visual line of sight at all times. As well as a camera operator 

focusing on photo/video composition.

● The sUAS pilot will be trained in flight, operations, and safety procedures via 

FAA regulations and the owner's manuals.

● A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's production activities. It will be mandatory that all personnel who will 

be performing duties within the boundaries of the safety perimeter be present for 

this briefing.

● All onsite personnel will consent to the sUAS flyover on site by waiver, and the 

operator will obtain additional verbal or written consent of all persons who will be 

allowed within 100 feet of the flight operation.

● The pilot will have been trained in operation of sUAS generally and received 

up-to-date information on the particular sUAS to be operated.

● Written and/or oral permission from the relevant property holders will be 

obtained.

● All required permissions and permits will be obtained from territorial, state, 

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

appropriate governmental agencies.

● If the sUAS loses communications with the remote controller or loses GPS 

signal, the sUAS will have the capability to return to a predetermined location 

within a designated location and land autonomously.

● The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(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 John 

Michael Sibley, 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 UAS. His small UAS will be operated at low speed 

in a controlled environment, at least five miles from an airport and more than three miles 

from any city or densely populated area. An analysis of these criteria demonstrates that 

the 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 helicopter) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

The sUAS's to be operated are less than 10 lbs. fully loaded, carries neither a pilot nor
passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manual. Like other civil aircraft, 

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

pursuant to the Manual's requirements, and under the requirements and in compliance 

with local public safety requirements. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to 

its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and ability to carry an external load no greater than two lbs.

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

This regulation requires certain experimental, provisionally certificated aircraft, or 

lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

"limited," "restricted," "lightsport," "experimental," or "provisional," near each entrance 

to a cabin, cockpit, or pilot station.

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

needed as the 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 UAS, twoinch

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 

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

others working with the UAS will see the identification of the UAS as "Experimental." 

The FAA has issued the following exemptions to this regulation: Exemptions Nos. 

10700, 8738,10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in Command

(PIC) Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC operating 

the aircraft to have a private pilot’s license rather than a commercial pilot’s license to 

operate this small UAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Manual. The level of safety provided exceeds that provided by 

a single individual holding a commercial pilot’s certificate operating a conventional

aircraft. The risks associated with the operation of the sUAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC 

exceeds the present level of

safety achieved by 14 C.F.R. §61.113 (a) & (b).).

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 and the requirements contained in the Manual 
for maintenance and use of safety checklists prior to each flight, as set forth in Section B 

and Section G, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

The 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 UAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,9299,9299A, 

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

14 C.F.R. 91.103: Preflight Action

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

ensure the safety of flight. An exemption is needed from this requirement as the pilot will 

take separate preflight actions, including checking for weather conditions, propeller 

inspection, checking flight battery requirements, checking takeoff and landing distances, 

and all other actions in the preflight checklist. These actions will provide an equivalent 

level of safety.

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.

By design, UAS and remotely piloted aircraft 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 previously approved exemptions for 

aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The 

equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft, the ability to control the UAS via radio signals from the controller, 

and by the size and speed of the aircraft.

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 sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be 

needed to allow such operations. As set forth herein, except for the limited conditions 

stated in the Manual, the UAS will never operate at higher than 400 AGL. 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, and speed of the 

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 as set forth in the Manual. 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 the movie industry. In addition, the low-altitude operations of the sUAS will 

ensure separation between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

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

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 sUAS 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 Manual 

and Preflight Checklist, confirming the altitude readout of the sUAS is set to 0ft (QFE 

operations) 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 sUAS provides 

approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement 

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

length. Given the limitations on the 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 night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions (11857, 11825, 11204). 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 sUAS flights to 10 minutes would greatly 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 sUAS to its planned landing zone from anywhere in its 

limited operating area.
14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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 UAS fully loaded weighs no more than 10 lbs and is operated without an onboard 

pilot. Therefore there is no ability or place to carry certification and registration 

documents or to display them on the UAS.

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

flight control point where the pilot flying the UAS will have immediate access to them, to 

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to 

this regulation. A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR 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 sections and Part 43 apply only to aircraft with

an airworthiness certificate, these sections will not apply to sUAS's. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual. 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 UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, the operator will ensure that the 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.

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 

(b) (2);91.103(b);91.109; 91.119; 91.121; 91.15l(a);91.203(a) and (b); 91.405 (a); 91.407 

(a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (55bs or less) in videography and photography in news, media 

and marketing.
Allowing commercial operations of UAS in aerial photography and videography enhance 

safety while reducing risk. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a sterile environment, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground 

and people.

The Operations described in this exemption request will be conducted wholly within the 

United States. 

As directed in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly, John Michael Sibley

respectfully requests that the FAA grant the requested exemption without delay.

Sincerely,

John Michael Sibley

Live Storms Media

404-542-8180

john@livestormsnow.com