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January 10th, 2016

1702 Holly Creek Drive

Tyler, Texas, 75703

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, and Title 

14 Chapter 1 Subchapter D parts 60 through 67, specifically 61.1 to 61.429 regarding pilot certification, 

please accept this letter to serve as my application for exemption from Federal Aviation Regulations 

(FARs) as identified, to allow commercial operations of Small Unmanned Aerial System (i.e., SUAS). 

Petitioner: 

Stephen C. Spain, MD 

1702 Holly Creek Drive 

Office: (561) 561-8300 Mobile: (903) 245-0147 

Tyler, TX 75703

Email: sspain@docuchart.com 

In addition, I respectfully request the FAA grant exemptions from regulations that address general flight 

rules, pilot certificate requirements, manuals, maintenance, and equipment mandates. 
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I believe these requirements are unnecessary and tangential to the issue of pilot controlled drone flight. 

Additionally, current FAA proposals have omitted this as a future requirement in accordance with 

protocols outlined in this petition for exemption, and other requirements established by the FAA 

pursuant to Section 333 of the Reform Act. 

This exemption would permit commercial operation to conduct SUAS real estate related photography, 

and videography, and demonstration flights. I will insure any operation granted under the exemption 

will ensure an equivalent level of safety, as required by Section 333. 

Please know any photography will be at low altitude (less than 400 feet from the operator) in airspace 

that is permitted in accordance with any exemption granted. Additionally, I will insure constant visual 

contact with the drone, and operate only within daylight hours. I believe this will insure a greater level 

of safety and fulfill the FAA Administrator’s responsibilities under Section 333(c) of the Reform Act to 

“establish requirements for the safe operation of such aircraft systems in the national airspace system.” 

I am licensed physician, with a lifelong interest in flying and photography. In the 1980’s, I attained over 

30 hours of flight instruction in a single engine Cessna 150, and soloed. However, I did not complete my 

training to obtain my private pilot’s license. I have extensive hobbyist experience with SUAS’s and many 

hours flight experience with my current platforms, the DJI Inspire1 and DJI Inspire1 Pro. 

I have a business opportunity that will combine my aviation and photography interests with utilizing the

SUAS platforms, specifically the DJI Inspire1 and DJI Inspire1 Pro, for aerial photography and 

videography. I will be filming commercial and residential real estate for real estate clients. There is also 

the potential in this opportunity of obtaining aerial video for surveying companies, and providing an 

aerial photography platform for the inspection of remote industrial and agricultural locations, such as 
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tail water ponds, remote grazing sites, artesian water well sites, and remote oilfield pump jack sites. It 

is my commitment to provide this service in a compliant and safe environment. 

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of 

the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA 

Administrator is to consider whether certain unmanned aircraft systems may operate safely in the 

National Airspace ("NAS") before completion of the formal SUAS rulemaking, based on the following 

considerations: 

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

• Operation of the SUAS in close proximity to airports and populated areas; and 

• Operation of the SUAS within the visual line of sight of the operator. 

If the Secretary determines that such vehicles "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". 

Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested exemption is in the 

public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would 

benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level 

of safety at least equal to the existing rules). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 
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authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, 

from the requirement that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator 

may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of 

this section or any of sections. 

Qualifications for Approval Under Section 333 of the Reform Act 

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 

of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. 

The proposed operations would permit the use of small SUAS under controlled conditions in airspace 

that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety 

beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. 

As an aerial videographer, I will use SUASs that are multirotor, weighing less than 25 pounds including 

payload. They will operate, under normal conditions, with the capability to hover, and move in the 

vertical and horizontal plane. As noted, SUASs will operate in line of sight, and will only operate within a 

sterile area. 

Given the small size of the SUAS’s involved and the restricted sterile environment within which they will 

operate, this exemption falls within the zone of safety and demonstrate an equivalent level of safety, in 

which Congress desired the FAA to permit commercial SUAS operations by exemption pending 

completion of formal rulemaking. Also, due to the size of the SUAS’s and the confined area in which the 
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SUAS’s will operate, approval of the application presents no hazard in the NAS. 

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, the granting of the requested exemptions is also in the public interest. 

It is my intent to use the SUAS in the area of real estate-related photography including commercial and

residential properties. Using SUAS, professionals, like myself, can create promotional videos, and 

easily obtain photos and unique shots that normal camera aspects cannot capture. These unique 

photos/videos allow properties to stand out, providing dazzling views that are typically shown via 

expensive computer animation or costly helicopter rentals. The remote platform is great for planning 

and zoning evaluations, and can aid in the surveying of large real estate tracts. In addition, the ability to 

photograph from the air will allow industries to more easily access remote locations for monitoring of 

fixed assets (pipelines, storage facilities, etc.) and mobile assets (cattle). Simple and easy-to-use video 

and photos allow for multiple height pictures and elevation views. 

Federal Registry Summary 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Stephen C. Spain, aerial videographer, seeks an exemption from the following rules: 

14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 

91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b). 
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Approval of this exemption request allows Stephen C. Spain to conduct photography operations with 

small and lightweight unmanned aerial systems. The SUAS, weighing less than 25 pounds and powered 

by 

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The SUAS is transported to the designated mission area and set up there. The SUAS will carry 

no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft 

flights. 

The operation of this small SUAS will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of several 

regulations and allowing commercial operations. These lightweight SUAS’s operate at slow speeds, close 

to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial 

survey and inspection operations conducted with fixed wing aircraft or helicopters. 

Listed below are the reasons why the exemption will not adversely affect safety and/or how the 

exemption would provide a level of safety at least equal to that provided by the rules from which I seek 

exemption. 

(1) The airspace in which the SUAS will operate will be below 400 feet above ground level. Small, 

unmanned aerial vehicles will be used in lieu of comparatively hazardous operations now conducted 

with fixed wing, and rotary conventional aircraft, the FAA can have confidence that the operations will 

achieve at least an equivalent level or greater level of safety.

(2) Given the size and limited operating area associated with the SUAS to be utilized, 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 SUAS.
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(3) In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA20140352), 11109 to 

Clayco, Inc. (see Docket No. FAA20140507), 11112 to VDOS Global, LLC (see Docket No. FAA20140382), 

and 11213 to Aeryon Labs, Inc. (see Docket No. FAA20140642), the FAA found that the enhanced safety 

achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gives the FAA good cause to find that theSUAS operation 

enabled by this exemption is in the public interest.

(4) Regarding SUAS operational training, please know I have flown numerous practice flights in remote 

areas as a hobbyist simulating flights for future commercial use to gain familiarization with the 

characteristics of SUAS performance.

(5) All operations will be within the manufacturers recommended safety guidelines and fulfill the 

Secretary of Transportations (the FAA Administrators) responsibilities under Section 333(c) of the 

Reform Act to establish requirements for the safe operation of such aircraft systems in the NAS. 

Manufacturers’ manuals and guidelines for the DJI Inspire1 and DJI Inspire Pro can be provided if 

necessary.

Please note, on January 6, 2015, the FAA granted an exemption to Tierra Antigua Realty of Tucson, AZ 

(Docket ID: FAA-2014-0481). Their original petition contained a Protocols and Controls, to which I will 

also faithfully adhere:

Protocols and Controls: 

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

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

6. Inspect flight area for:

 vicinity of public safety helipads/heliports

 vicinity of medical helipads/heliports

 vicinity of light poles, wires, trees, birds, elevated obstructions, people

 optional point of control for best visual site of SUAS while in flight

 consider the necessity of posting warning signs regarding drone operations and post 

same as needed

Takeoff and landing:

 inspect area for best and safest point of takeoff and landing

Flight Protocol:

1. takeoff and land from same location

2. remain alert to birds, sound or aircraft, curious public, and approaching vehicles

3. do not allow anyone to engage in conversation or distract the remote control pilot

4. restrict flight to minimal elevation sufficient to acquire desired results

5. remain prepared for emergency landing at all times

6. pay attention to flight time

7. if possible set a timer as a safety alert

8. land SUAS and shut down propulsion immediately following landing
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Post flight Protocol:

1. disconnect battery to prevent accidental activation of propulsion system

2. secure SUAS in a safe location

3. remove any posted warning signs from flight premises

Emergency or Suspected Hazard Protocol:

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

 manned aircraft is heard or seen in vicinity of flight

 there is a public gathering within established safety boundary wanting to observe flight

 pilot is being distracted from focusing on flight and safety

 sudden change in weather (wind bursts)

 sudden increase in vehicular traffic in vicinity of flight

 birds enter into proximity of flight

 any sudden unsafe event that can cause collision, distraction or interruption of control

If additional information is required, or if you have any questions regarding this Petition for Exemption, 

please contact the undersigned at: 

Stephen C. Spain, MD 

1702 Holly Creek Drive

Office: (561) 561-8300 Mobile: (903) 245-0147

Tyler, TX 75703

Email: sspain@docuchart.com 
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As a licensed physician in good standing for over 30 years with the Texas Medical Board, I understand 

the importance of respecting the safety and trust of the public. Furthermore, I have a good 

understanding of the responsibilities and duties that would be imparted by granting this petition. I am 

experienced in abiding by the rules and restrictions of a regulatory body. I believe the requested 

exemption can be granted to me with the knowledge I will execute any and all operations in a safe, 

respectful, and professional manner. 

For the foregoing reasons, it is requested that the regulatory exemptions requested herein be 

respectfully granted, and the Petitioner be permitted to conduct small SUAS operations aforementioned 

purposes. 

Sincerely, 

Stephen C. Spain, MD