Aug 4, 2015

Brad Shelton

Algoa Films

2137 Wildwood Meadows Court 

Wildwood, MO 63005

PH. 314-445-5950 

Email: UAV@algoafilms.com 

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 of 2012

To whom it may concern:

Algoa Films, the Petitioner, requests relief from the following regulations: 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.215, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow Algoa Films to operate a sUAS to perform aerial photography, 

cinematography, photogrammetry, crop surveying, inspections and other flight operations

We are petitioning for exemption to enable Algoa Films to operate a series of sUAS platforms that 

have been previously approved by exemption. Namely: 

DJI Phantom 2 - Exemption 12236

DJI Inspire - Exemption 12269

DJI S1000 - Exemption 12225

DJI Phantom 3 Professional - Exemption 12252

These sUAS all weigh less than 55 lbs, have a built- in capability to limit the height flown above the 

ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C 

and D airspace including a no fly zone feature. Each system also has the failsafe function of the 

autopilot system, which means when the communication between the main controller and the 

transmitter is lost; the system will automatically trigger “Return to home” and will land safely. 

Our Operations and Procedures

• Algoa Films only operate its sUAS in line of sight of a pilot and/or observer and will operate at 

sites that are a sufficient distance from populated areas. Such operations will insure that the sUAS 

will not create a hazard to users of the national airspace system or the public.
• Algoa Films will not operate sUAS within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with that 

airport’s management is obtained or otherwise permitted by a COA issued to Algoa Films. 

• Maximum flight time for each operational flight will be 15 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 15 minute 

limit. 

• The sUAS will be flown at an altitude of no more than 400 feet AGL. 

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer. 

• The sUAS Pilot in Command will be an airline transport, commercial or private pilot, and also hold 

a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District 

of Colombia, Puerto Rico, a territory, a possession, or the Federal government. 

• The sUAS operated by Algoa Films weighs less than 55 pounds, including the payload. 

• The sUAS will operate at speeds of no more than 55 knots. 

• Given the small size of the sUAS and the restricted environment within which they will operate, 

our sUAS operations adhere to the Reform Act's safety requirements. 

Additionally, the fact that the Algoa Films pilots hold FAA Pilot certificates in ASEL and 

Rotorcraft/Helicopter demonstrates that they have a high regard to safe operations with an 

understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, 

as well as being trained to high safety standards . 

Under the requested exemption, Algoa Films will ensure that all operators have completed a 

training program including all applicable regulations and guidance documents; including 

aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Basic Small 

UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating 

Procedures. 

We respectfully request exemption under Section 333 to enable Algoa Films to operate safe, lowrisk commercial sUAS operations for the activities stated. Algoa Films at all times will respect the 

space and privacy of citizens and property while keeping our skies safe.

EXEMPTION REQUEST

Algoa Films respectfully requests an exemption from the following regulations:

14 CFR 61.23 Medical Certificates 

The regulation provides that a person requires a first or second class medical to act as pilot in 

Command of an aircraft for compensation or hire. Our proposed operations require that the PIC 

must hold a current third class FAA airman medical certificate or a valid U.S. driver’s license issued 

by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 

61.23 even though the intent of this application is to conduct a business. 

14 CFR 61.101, 14 CFR 61.113, Pilot privileges and Limitations 

No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire. Because our sUAS do not carry 

passengers or property for hire, we are seeking an exemption to 14 CFR 61.113(a). 
14 CFR 91.7 Civil Aircraft Airworthiness 

This Section 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 91.119 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-planning 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.

14 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. The sUAS are battery operated and the maximum duration of flight from a single 

battery charge is 12-25 minutes (depending on which sUAS is used) with a 25% reserve. Since the 

aircraft will never fly more than 1/2 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. 

14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use: 

This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace 

must be equipped with automatic pressure altitude reporting equipment having a Mode C 

capability that automatically replies to Mode C interrogations. Due to the small size and lifting 

capabilities of our UASs we cannot carry a traditional transponder. 

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 policy that the PIC will perform maintenance and an 

inspection of the aircraft prior to each flight. The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition, conduct detailed inspections daily or after every two 

hours of flight, whichever comes first. We feel that due to the size, construction, and simplicity of 

the aircraft, the PIC can ensure an equivalent level of safety.
Public Interest 

Use of the sUAS continues to reduce the environmental damage as compared to similar 

operations conducted with manned aircraft of greater proportions, carrying a crew and 

flammable fuel. Furthermore, use of sUAS in order to facilitate commerce can lead to economic 

growth and development. Aerial photography is a valuable tool that can lead to increased 

commerce and enhance personal photography. Agricultural surveying and land usage 

documentation has proven to be a benefit in helping farm operations analyze to crop yield and 

could lead to decreased use of pesticides and fertilizer and conservation of water as well as 

increased crop yields and decreased costs. Aerial surveying and inspections can increase work 

site efficiency, improve volumetric estimations and reduce risks. The staff of Algoa Films has 

provided photographic and surveying services from manned aircraft for over 25 years and now 

plans to offer the same services at a fraction of the risk to the environment.

In Conclussion

Algoa Films is requesting this exemption for the purposes of aerial photography, 

cinematography, photogrammetry, crop surveying, inspections and other flight operations. 

Our business is designed to offer the same quality of services that we have for over 25 

years at a fraction of the cost. Our safety record is spotless and we take great pride in our 

product and services. With the addition of sUAS to our offerings, we feel that we can 

continue to do business and offer our services to new customers in new markets that may 

not have been able to afford it in the past. 

Sincerely,

Brad Shelton

President, Algoa Films