September 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 

C.F.R. Part 11, NoVA Aerial Photos LLC, a full service video and photography company registered in the 

Commonwealth of Virginia, hereby applies for an exemption from the Federal Aviation Regulations 

(FARs) listed below to allow operation of a Small Unmanned Aircraft System (sUAS) commercially in 

airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are

conducted with and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. 

The requested exemption would permit NoVA Aerial Photos LLC to pursue commercial interests in 

providing services to clients using a small, advanced sUAS in the following areas:

• Real-estate marketing

• Property Appraisals

• Construction Site Evaluation

• Safety Inspections and Assessments

• Economic Development

• Special Event Coverage

• Support to Equine Veterinary Care Services

NoVA Aerial Photos LLC states that all sUAS flights will occur over private or controlled access property, 

and will do so with the property owner’s consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area when flights take place.

Additionally NoVA Aerial Photos LLC sUAS pilot will hold an FAA Airman Certificate with a current 

Medical Certificate. If observers are not qualified pilots, they will attend a ground school to understand 

the proper roles of an observer, communication, procedures, proper visual scan techniques, operations 

at non-towered airports, and appropriate sections of the Aeronautical Information Manual (AIM).
Regulations from which exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft System

sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller 

environmental impact which promotes public safety. Additionally, introduction of sUAS will supplant 

helicopter and small aircraft within the NAS – a key goal of the NextGen system implementation and 

rollout, thereby providing multiplicative benefit to fellow NAS users. 

NoVA Aerial Photos LLC is petitioning for an exemption to operate a DJI Phantom 3 with a Gimbalstabilized HD 4K camera and GPS safety features designed to be deployed rapidly to conduct local 

(LOS) short term (20 min) situational awareness. The UAS is operated by one wireless control station 

that provides instrumentation data of the sUAS and first person video which allow to set limits to its 

height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and 

to exclude it from operations within designated Class B, C and D airspace including a no-fly zone 

feature. The DJI Phantom 3 has failsafe function that is triggered in the event communication is lost 

between the sUAS and the main controller transmitter. At that time, the sUAS will return to its point of 

takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land 

manually. The Phantom 3 Professional User Manual v1.2 may be downloaded at the following site:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

These specifications meet with the Model Aircraft Operating Standards as set below:

- The petitioner will only operate its sUAS in line-of-sight of a pilot and/or Observer and 

will operate at sites that are ‘sufficient distance’ from populated areas within the sterile 

area described in the FOPM. Such operations will ensure that the sUAS will “not create a 

hazard to users of the national airspace system or the public.”
- The petitioner will not operate within 5 miles of any airport, will limit flights to <200ft 

AGL, and will at all times remain within Line of Sight of the operator and/or observer..

- Maximum flight time for each operation will be 23 minutes.

- Flights will be terminated when battery levels reach 25%, allowing sufficient reserve 

flight time to safely land the sUAS.

- The sUAS will be programmed so it will not be operated at an altitude that exceeds 200 

feet AGL.

- Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer.

- The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot 

certificate and a current FAA medical certificate.

- The sUAS operated by the petitioner weighs less than 25 pounds, including all payload 

(i.e. camera, lens, and stabilized gimbal).

- The sUAS will operate at speeds of no more than 20 knots, can hover, and can 

simultaneously move vertically and horizontally.

- Given the small size of the sUAS and the restricted sterile environment within which it 

will operate, NoVA Aerial Photos LLC’ operations adhere to the Reform Act’s safety 

requirements.
The fact the pilot is also an FAA Certificated Air Traffic Controller and former flight crew member for 

Air Force Special Operations Command demonstrates NoVA Aerial Photos LLC’s high regard for safe 

operations with a comprehensive understanding of FARs, preflight inspections, knowledge of 

operations and differences in airspace classifications, maintenance and repair, as well as being trained 

to high safety standards.

Under the requested exemption, NoVA Aerial Photos LLC ensures all operators have completed sUAS 

education and training programs including all applicable regulations and guidance documents; 

including aeronautical background information such as charts, NOTAMS and Aircraft Circulars, Radio 

Communications Procedures, Human Factors and Crew Resource Management, Basic sUAS 

Aerodynamics, Weather factors, and Airmanship and Decision-making and Safe Operations Procedures.

We respectively request exemption under Section 333 to enable NoVA Aerial Photos LLC to operate 

efficient, limited, low-risk commercial sUAS operations for the activities stated respecting at all times 

the space and privacy of citizens and property while keeping airspace safe.

Sincerely,

David M. Hansell

Director 

NoVA Aerial Photos LLC

7553 Millpond Ct, Warrenton VA 20187

804-868-8432

novaaerialphotos@gmail.com
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

NoVA Aerial Photos LLC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the DJI Phantom 3 under either, or both, of the following 

provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our 

commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the UA's light weight, being constructed 

primarily of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, 

Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of 

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not 

have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration 

number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the 

word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO 

and others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station. Finally, we will display at the 

ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 3 inches high or greater. 
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations.

The regulation provides that no person who holds a Private Pilot certificate may act as pilot in 

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 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; and (2) The aircraft does not carry passengers or property 

for compensation or hire. Our proposed operations require that the PIC must hold at least a Private 

Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel 

we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct 

a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

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

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet 

the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is being used for flight instruction 

unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station 

consists of a hand-held radio transmitter and while it does not offer a second set of "controls", both 

the student and instructor can, and will, operate the single set of controls simultaneously. With both 

student and instructor having "hands-on" the controls during flight, this technique meets the intent 

91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be 

photography or survey of persons, vessels, vehicles or structures it would be necessary to operate 

closer than 500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planned has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard 

to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be 

considered in granting the exemption.
CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not 

need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground 

Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board 

computer to the display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 

30 minutes. We feel the intent of this paragraph is to provide an energy reserve as a safety buffer for 

delays to landing. The sUAV is battery operated and the maximum duration of flight from a single 

battery charge is 23 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM 

from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve 

energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to 

carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To 

obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control 

station and available for inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently affixed to the aircraft 

via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the 

requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the 

aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, 

replacing a propeller, checking electrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their designated 

repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to 

the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.