I, Thomas Simonsen, would like an exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) 

and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption would allow Tom Simonsen to operate the PHANTOM 2 Vision+ quad-copter 

unmanned aircraft system (UAS) to conduct aerial videography and cinematography to enhance 

academic community awareness for those individuals and companies unfamiliar with the geographical 

layout of the Minneapolis/St Paul and surrounding areas and to do real estate listing videos. 

I would like relief from the following regulations:

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions 

approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b) prescribes that 

when marks include only the Roman capital leer ―N‖ and the registraon number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words ―limited,‖ ―restricted,‖ ―lightsport,‖ ―experimental,‖ or ―provisional,‖ as applicable. Secon 61.113(a) and (b) prescribes that— (a) 

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; nor may that person, for compensation or 

hire, act as pilot in command of an aircraft. (b) a private pilot may, for compensation or hire, 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. Section 91.7(a) prescribes that no person may operate a civil aircraft unless it 

is in an airworthy condition. Section 91.7(b) prescribes that the pilot in command of a civil aircraft is 

responsible for determining whether that aircraft is in condition for safe flight and that the PIC shall 

discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur. Section 

91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the aircraft a 

current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. Section 91.103(b) prescribes that a pilot shall for any flight, 

become familiar with runway lengths at airports of intended use, and takeoff and landing distance 

information. Section 91.109(a) prescribes, in pertinent part, 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. Section 91.119 prescribes that, except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. (b) Over congested areas. Over any congested 

area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 

1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) 

Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and 

weight-shift-control aircraft. If the operation is conducted without hazard to persons or 
property on the surface— (1) A helicopter may be operated at less than the minimums 

prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A 

powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, each 

person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set 

―...to the elevaon of the departure airport or an appropriate almeter seng available before 

departure.‖ Section 91.151(a) prescribes that no person may begin 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 [emphasis added]. Section 91.203(a) prohibits, in 

pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate 

and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to 

its owner or, for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no 

person may operate a civil aircraft unless the airworthiness certificate 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. Section 91.405(a) requires, in pertinent part, that an aircraft 

operator or owner shall have that aircraft inspected as prescribed in subpart E of the same part 

and shall, between required inspections, except as provided in paragraph (c) of the same 

section, have discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter. Section 

91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness 

certificate in accordance with part 21 of this chapter. Section 91.417(a) and (b) prescribes, in 

pertinent part, that— (a) Each registered owner or operator shall keep the following records for 

the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive 

maintenance, and alteration and records of the 100-hour, annual, progressive, and other 

required or approved inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must include— (i) A 

description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and (iii) The signature, and certificate 

number of the person approving the aircraft for return to service. (2) Records containing the 

following information: (i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. (iv) The current inspection status of the 

aircraft, including the time since the last inspection required by the inspection program under 

which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the 

AD or safety directive involves recurring action, the time and date when the next action is 

required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) 

The owner or operator shall retain the following records for the periods prescribed: (1) The 

records specified in paragraph (a)(1) of this section shall be retained until the work is repeated 

or superseded by other work or for 1 year after the work is performed. (2) The records specified 

in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time 

the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 

of this chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service.

I plan to operate a UAS, the PHANTOM 2 Vision+, which is comprised of an unmanned aircraft 

(UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quadcopter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are 

driven by electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. 

Petitioner plans to attach a small ultra- 6 lightweight GoPro 3+ camera to his UA and operate 

the UA over the Minneapolis/St Paul and surrounding areas to enhance academic community 

awareness and augment real estate listing videos.

I will only operate in reasonably safe environments that are strictly controlled, are away from 

power lines, elevated lights, airports and actively populated areas; and I will conduct extensive 

preflight inspections and protocols, during which safety carries primary importance. 

Since the size, weight, speed, and limited operating area associated with the aircraft will be 

utilized by me, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 

and Section 333 of P.L. 112-95 (Section 333).

I also request an exemption from § 45.23 Marking of the aircraft because my UA will not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Plus the two-inch 

lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. Also, I will mark my UAS in the largest possible lettering by placing the 

word ―Experimental on its fuselage as required by § 45.29(f) so that I or anyone helping me as 

a spotter will see the markings.

I also would like an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and 

(b) Maintenance inspections may be required and should be granted since they only apply to 

aircraft with an airworthiness certificate. I will also, as a safety precaution perform a preflight 

inspection of my UAS before each flight as outlined in the operating documents.
I would also like to be exempt from § 61.113 (a) and (b) private pilots are limited to 

noncommercial operations, however he can achieve an equivalent level of safety as achieved by 

current regulations because his UAS does not carry any pilots or passengers. Further, he states 

that, while helpful, a pilot license will not ensure remote control piloting skills. He further 

indicates that the risks of operating a UAS are far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 

61.113 Private Pilot Privileges and Limitations: Pilot in command.

I will abide by the following additional operating conditions under this exemption: operate my 

UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in 

direct line of sight visual observation; 1 operate the UAS for 3-7 minutes per flight; land my UAS 

prior to the manufacturer’s recommended minimum level of battery power; operate my UAS 

only within visual line of sight (VLOS); use the UAS’ global positioning system (GPS) flight safety 

feature whereby it hovers and then slowly lands if communication with the remote control pilot 

is lost; conduct all operations under his own personal and flight safety protocols (including 

posng a warning sign reading: ―Aenon Aerial Photography in Progress – Remain Back 150 

feet as stated in the operating documents and will actively analyze flight data and other sources 

of information to constantly update and enhance my safety protocols; contact respective 

airports if operations will be within 5 miles to advise them of my estimated flight time, flight 

duration, elevation of flight and other pertinent information; always obtain all necessary 

permissions prior to operation; and have procedures in place to abort flights in the event of 

safety breaches or potential danger.

I also would like to be exempt which § 91.9(b)(2) requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board his aircraft and given its size, 

this regulation is inapplicable. I also will ensure that a level of safety will be achieved by 

maintaining a safety/flight manual with the UAS ground station.

I am a Realtor and aerial videography for geographical awareness and for real estate marketing 

has been around for a long time through manned fixed wing aircraft and helicopters, but for 

small business owners, its expense has been cost-prohibitive. I would like this exemption so it 

would allow me to provide this service at a much lower cost. Small UAS will pose no threat to 

the public given its small size and lack of combustible fuel when compared to larger manned 

aircraft. The petitioner also states that the operation of my UAS will minimize ecological damage 

and promote economic growth by providing information to companies looking to relocate or 

build in the Minneapolis/St Paul and surrounding areas.