Carrie A. Rickey

629 W. Knoll Crest Drive

Peoria, IL 61614

Phone: 309-323-4409

Email: carrierickey@gmail.com

June 30th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Petition of Carrie A. Rickey (“Petitioner”) for an Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 C.F.R. Part 11, I, Carrie A. Rickey (“Petitioner”), herby applies for an 

exemption from the Federal Aviation Regulations (“FARs”) identified below, to allow 

commercial operations of small unmanned aircraft and associated elements (“sUAS”), 

so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

An exemption is being requested because (1) existing regulations will burden the 

Petitioner, (2) Petitioner can provide a level of safety that is equal (or greater than in 

many cases) to those provided by existing rules and (3) the request is in the public 

interest. The FAAʼs authority to issue exemptions from operating rules, and the 

Secretaryʼs authority granted by Section of P.L.112-95, Special Rules for Certain 

Unmanned Aircraft Systems provide an opportunity to authorize certain sUAS 

operations in the National Airspace System (“NAS”) prior to implementation of the sUAS 

rule. This incremental step will allow the Petitionerʼs sUASs to safely and legally enter 

into the NAS.

As described more fully below, the requested exemption would permit the Petitioner to 

operate small, unmanned and relatively inexpensive sUAS under controlled conditions 

in airspace that is 1) limited 2) predetermined, and 3) controlled and would 4) provide 

safety enhancements to the already safe operations of those aircrafts of similar size, 

weight, speed and operating capability that have been granted entry into the NAS via 

the rules in the Academy of Model Aeronautics (AMA) National Aircraft Safety Code.1

1 See the attached “AMASafteyCode.pdf” document.
The proposed exemption, if granted, would allow the Petitioner to conduct commercial 

operations of small unmanned aircraft systems (“sUAS”) meeting or exceeding all of the 

operational and safety requirements Congress has set forth in Section 333 of the 

Reform Act.

Petitioner is requesting exemption from the following regulations:

14 CFR Part 21, Subpart H

14 CFR 61.23 (a)

14 CFR 61.113(a) and (b)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 91.407(a) (1)

14 CFR 91.409(a) (2)

14 CFR 91.417(a) and (b)

This exemption application is expressly submitted to fulfill Congressʼ goal in passing 

Section 333 (a) through (C) of the Reform Act. This law directs the Secretary to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rule making required under Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which types of UASs do not 

create a hazard to users of the NAS, to the public, or pose a threat to national security.

Section 333 of the reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as result of its size weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight 

(VLOS) does not create a hazard to users of the NAS or the public or pose a threat to 

national security, and (2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under 49 USC 44704 is required for the operation of civil 

(non-governmental) UASs. Therefore, 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.2

Carrie A. Rickey 2

# # # # # # # # Section 333 Exemption Petition 

2 The Petitioner interprets this provision to place the duty on the Secretary to not only process 

applications for exemptions under section 333 of the Reform Act, but for the Secretary to craft conditions 

for safe operations of sUAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval.
Operational Overview

Currently, unmonitored amateur hobbyists with no safety plan or controls in place to 

prevent catastrophe legally operate similar lightweight, remote controlled sUASs. The 

Petitioner has personally instilled safety protocols and controls to further avoid and 

prevent public hazard, as well as manned aircraft hazards and catastrophe.

The Petitionerʼs current and anticipated sUASs are quad copters, weighing 5 or fewer 

pounds (including payload). The sUASs have the capability to hover and move in the 

vertical and horizontal planes simultaneously. They will operate only in visual line of 

sight (VLOS) and will operate only in tightly controlled and limited airspace. They are 

capable of operating at speeds of up to 33mph, but will be routinely operated at much 

lower speeds. They will be operated below 400 feet above ground level (AGL), and 

never above 400 feet AGL.

The Petitionerʼs exemption request would permit commercial operation of the 

Petitionerʼs sUAS for commercial aerial photography and videography in tightly 

controlled and limited airspace. Aerial photography and videography services will be 

offered to individuals, business owners, homeowners, realtors, home builders, 

contractors and/or home inspectors for use in, promotional aerial photography and 

videography, educational materials and resources, real estate marketing and safer 

inspections of home exteriors. All operations will be conducted on private and/or 

controlled access property and with the written and/or oral permission of the property 

owner(s)/operator(s). Operation will always be conducted in areas that are clear of all 

people, except the pilot in command (PIC), the PICʼs helper(s) and individuals that are 

directly involved in the photography/videography production. Such operation will ensure 

that the sUAS will “not create a hazard to users of the national airspace system or the 

public”.3

Granting the Petitionerʼs request comports with the Secretary of Transportationʼs (FAA

Administratorʼs) responsibilities and authority to not only integrate sUAS's into the 

national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [sUAS's] in the national airspace system” under Section 333(c) of the 

Reform Act specific to the use of sUAS's for Cinematography/Photo purposes. Further, 

the Petitioner will conduct operations in compliance with the protocols described herein 

or as otherwise established by the FAA.

For the reasons stated below the Petitioner respectfully requests the grant of an 

exemption allowing the Petitioner to operate ultra lightweight, remote controlled sUASs 

for community awareness to benefit/stimulate attraction to the Central Illinois area and 

to enhance real estate listing videos for homeowners who cannot afford expensive 

manned aircraft for the same purpose. Both of which will promote local economic 

Carrie A. Rickey 3

# # # # # # # # Section 333 Exemption Petition 

3 Reform Act Section 333 (b)
growth through increased employment and increased tax base along with keeping 

public safety in mind by eliminating heavier manned aircraft containing combustible fuel 

that poses potential public hazard.

Aircraft

The Petitioner operates the Solo sUAS manufactured by 3DRobotics,4 North Americaʼs 

largest consumer and commercial drone manufacturer. Solo is considered to be the 

first “Smart Drone”. 

Solo is a small unmanned aerial vehicle powered by four motors and four propellers. 

Soloʼs onboard computers control navigation, attitude, and communications in flight 

while sending real-time telemetry and video output and receiving control inputs over the 

3DR Link secure Wi-Fi network. Itʼs motor-to-motor dimension is 18”, it stands 10” high 

and weighs only 3.3lbs.

Solo is powered by the 3DR Pixhawk 2 autopilot system and APM:Copter flight control 

software. Solo communicates with the controller and Solo app over the 3DR Link secure 

Wi-Fi connection.5 

Soloʼs handheld controller provides control mechanisms and displays in-flight data on a 

full-color screen. Using twin long range antennas, the controller acts as the central hub 

for all communication on the 3DR Link network, receiving all communications from Solo 

and the app, forwarding telemetry outputs to the app, and managing the transmission of 

all control inputs to Solo. The controller also doubles as Soloʼs “black box”: Its 1 GHz 

computer automatically saves valuable flight data along 500 parameters directly to its 

internal memory, 20 times a second.

Solo uses the controllerʼs main data display to monitor Soloʼs status in flight. Such 

systems include, battery percentage, GPS signal strength, active mode, Wi-Fi signal 

strength, horizontal distance from launch point, and current altitude. Solo also has LED 

flight indicators beneath each of its four rotor arms for ground-to-air directional 

awareness. 

The newest features in drone flying include Haptic Feedback, User-Definable A/B 

buttons, Auto Takeoff and Auto Land buttons, Pause (ebrake) and a Return and Land at 

Home button. All available with Solo.

The Return Home function will automatically land at the home position. This feature can 

be activated at any time with the push of a button. When activated, the Solo will 

automatically fly itself back to the place its motors were first started and land without 

any help from the pilot.

Carrie A. Rickey 4

# # # # # # # # Section 333 Exemption Petition 

4 See attached 3DRSoloManual.pdf

5 http://3drobotics.com/solo-drone/
As an added safety feature, the Solo has a dedicated Pause button to immediately bring 

Solo to a midair halt-and-hover so you can regain your bearings. 

Such highly advanced capabilities will ensure that the sUASs can be safely operated 

and “not create a hazard to users of the national airspace system or the public.”6

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace 

system in the world and to minimize the risk to the NAS or to persons and property on 

the ground, the Petitioner agrees to be bound by the following limitations and conditions 

when conducting commercial operations under an FAA issued exemption: 

1. For the purposes of ensuring sUASs will be operated within the standards that the 

FAA has allowed in the AMA National Model Aircraft Safety Code: 

a. sUASs will not be flown: 

- In a careless or reckless manner. 

- At a location where sUAS activities are prohibited. 

2. sUAS pilots will: 

a. Yield the right of way to all human-carrying aircraft. 

b. See and avoid all aircraft and a spotter must be used when appropriate.7 

c. Not fly higher than 400 feet above ground level or within five (5) miles of an 

airport without notifying the airport operator.

d. Not interfere with operations and traffic patterns at any airport, heliport or 

seaplane base except where there is a mixed-use agreement.

e. Not exceed a takeoff weight of 55 pounds (including payload). 

f. Ensure the aircraft is identifiable by affixing the ownerʼs contact information to 

the outside of the sUAS. 

g. Not operate sUASs while under the influence of alcohol or while using any 

drug that could adversely affect the PICʼs ability to safely control the model. 

h. Not operate sUASs carrying pyrotechnic devices that explode or burn, or any 

device which propels a projectile or drops any object that creates a hazard to 

persons or property. 

Carrie A. Rickey 5

# # # # # # # # Section 333 Exemption Petition 

6 Reform Act Section 333(b)

7 AMA Document #540-D
3. sUASs will not be flown unless:

a. The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event.

b. An inexperienced pilot is assisted by an experienced pilot. 

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

structures and shall avoid endangerment of life and property of others. 

5. A successful radio equipment ground-range check in accordance with manufacturerʼs 

recommendations will be completed before the first flight of a new or repaired model 

aircraft. 

6. sUASs must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC). 

7. sUASs will not knowingly operate within three (3) miles of any pre-existing flying site 

without a frequency-management agreement.8

8. Excluding takeoff and landing, no sUASs may be flown outdoors closer than 25 feet 

to any individual, except for the PIC and the PIC's helper(s) located at the takeoff site. 

9. Under no circumstances may a pilot or other person touch a sUAS in flight while it is 

still under power, except to divert it from striking an individual. 

10. The PIC of the sUAS shall: 

a. Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot.

b. Fly using the assistance of a camera or First-Person View (FPV) only in 

accordance with the procedures outlined in AMA Document #550.

c. Fly using the assistance of autopilot or stabilization system only in accordance 

with the procedures outlined in AMA Document #560. 

11. The flying area must be clear of all utility wires or poles and an sUAV will not be 

flown closer than 50 feet to any above-ground electric utility lines. 

12. The flying area must be clear before the engine is started, except for PIC and the 

PIC's helper(s). 

Carrie A. Rickey 6

# # # # # # # # Section 333 Exemption Petition 

8 AMA Documents #922 and #923
In addition to the above rules outlined by the AMA National Model Aircraft Safety Code 

and in an effort to enhance the safety offered by the already safe operations mentioned 

above, the Petitioner also agrees to be bound by the following limitations and 

conditions: 

1. Flights will be operated with VLOS of the PIC.

2. Maximum total flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 25% battery power reserve should that occur prior to the 25 

minute limit. 

3. The sUAS will only operate in tightly controlled and limited airspace. 

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

each flight. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

5. The PIC and the PICʼs helper(s) will have been trained in operation of sUAS and 

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

6. The pilot and the PIC's helper(s) will at all times be able to communicate by voice. 

7. If the sUAS loses communications or loses its GPS signal, the sUAS will have 

capability to return to a pre-determined location within the security perimeter and 

safely land. 

8. The sUAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies. 

9. All flights will be conducted on private property and with the written and/or oral 

permission of the property owner(s). 

10. Flights will always be conducted in areas that are clear of all people, except for 

 the PIC and the PIC's helper(s). 

11. All flights will be conducted outdoors in visual meteorological conditions (VMC)

 and never during severe weather conditions.

12. Flights will not occur in weather conditions that prevent the PIC from operating 

 within visual line-of-sight (VLOS) at all times or in weather conditions that 

 dramatically affect the sUASʼs flight (e.g. high winds). 

13. If an operation occurs in an area where people could inadvertently enter the 

 area, an operational border will be established with traffic cones. If itʼs not 

 feasible to use traffic cones due to interference with the photography/ 

 videography, the PIC's helper(s) will be responsible for keeping a safe perimeter 

Carrie A. Rickey 7

# # # # # # # # Section 333 Exemption Petition 
 around the operation. The operation will cease immediately and be rescheduled 

 if itʼs impossible to establish a safe perimeter around the operation. 

14. The PIC will be responsible for logging all flights to ensure the comprehensive 

 preventative maintenance plan can be followed, as described in the 

 “Preventative Maintenance” section below. 

15. The sUAS will not be routinely operated in the proximity of any airports. In any 

 cases where the sUAS must be operated within five (5) miles of an airport, the 

 airport operator will be notified before the operation commences. 

The operation of sUASs, weighing less than 3 lbs., conducted in the strict conditions as 

outlined above, will provide an equivalent level of safety supporting the grant of 

exemptions requested herein, including exempting the Petitioner from the requirements 

of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a tightly 

controlled environment. As a result, they offer a much safer way to capture aerial 

photography and videography. Furthermore, the proposed operations represent a safety 

enhancement to the already safe operations that have been granted by the FAA for the 

establishment of the AMA National Model Aircraft Safety Code.

Preflight Plan 

The PIC will follow a comprehensive pre-flight checklist to ensure that the sUAS is in a 

condition for safe flight. This plan will be improved as needed in order to ensure all 

known safety precautions and/or safety precautions suggested by the manufacturer are 

being accounted for. 

A. Pre-flight Inspection 

1. Check that the transmitter, sUAS and camera batteries are all fully charged. 

2. Verify that the sUAS battery is not swollen or damaged in any way.

3. Turn the motor shafts with your fingers and verify that are smooth without 

excessive play or binding.

4. Verify that the propellers are mounted correctly and free from signs of damage.

5. Run finger along the edge of blade to check for any rough edges.

6. Flex both sides of the propellersʼ blades to check for hairline cracks where the 

blades connect in the center of the propeller. 

7. Verify that the landing gear is secure and free from damage, broken or loose.

Carrie A. Rickey 8

# # # # # # # # Section 333 Exemption Petition 
8. Verify that the camera is secure and clean. Inspect the camera connections and 

gimbal for tears and/or signs of wear.

9. Verify that the damping absorbers are not broken and/or worn.

10. Verify that the Micro-SD card has been inserted and formatted. 

11. Verify that the smartphoneʼs Wi-Fi is enabled. 

12. Set the smartphone to do-not-disturb mode to prevent distractions while flying.

13. Set the smartphone to forget any Wi-Fi networks in range in order to prevent the 

Wi-Fi connection from changing mid-flight. 

B. Power Up 

1. Power on the transmitter with the flight mode set to the appropriate setting, the 

throttle stick down and the throttle trim at neutral. 

2. Install a charged battery in the sUAS.

3. Wait for the GPS signal to be acquired, which is indicated by a solid LED. It may 

take from 30-90 seconds to acquire a GPS signal. 

4. Move the aircraft to the desired home location and orient the aircraft pointed away 

from the pilot. 

5. Step back approximately 15 feet (5 meters) from the home location. 

C. Ready to Fly 

1. Power on camera and acquire Wi-Fi signal on smartphone. 

2. Once smartphone has acquired Wi-Fi signal start camera app. 

3. Verify that the aircraft still has GPS lock.

4. Start the motors. 

5. Verify that the motors are functioning normally, are not making any unusual 

noises, and are all spinning the same speed.

6. Verify that the area is still clear of obstructions, people, power lines, etc.

Carrie A. Rickey 9

# # # # # # # # Section 333 Exemption Petition 
7. Take off and hover about 6-8 feet above the takeoff point to verify that the aircraft 

still has a solid GPS lock. If any abnormalities are noticed (drifting, flying in circles, 

etc.), land immediately and repeat the “Pre-flight Inspection” and Power Up” 

sequences.

8. Verify that the aircraft holds a steady position while yawing 360 degrees.

9. Verify that the aircraft responds appropriately to all controls – yaw, pitch, roll and 

throttle.

D. After Flight

1. Turn off the power switch on the aircraft.

2. Turn off the power to your transmitter.

3. Unplug and remove the battery from the aircraft.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in accordance with the

manufacturerʼs specifications to ensure the sUASʼs software is up-to-date, the batteries 

are in good health, and the aircraft itself is always ready for safe flights.9

Pilot in Command (PIC) Qualifications

The PIC does not currently hold an airman certificate or medical certification. Since the 

sUAS is similar in size, weight, speed, and operating capability as those currently 

allowed to be flown for hobby/recreation, holding the PIC to those same set of 

standards will allow for an equivalent level of safety.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, 

operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace. 

Since there are no standards for either private or commercial sUAS pilot certificates, 

knowledge of airspace regulations and dexterity in the control and operation of the 

sUAS acquired from actual operation of the aircraft will be the most important factors in 

establishing an equivalent level of safety.

The PIC would be required to successfully complete an FAA approved ground training 

course and be required to do the following prior to the first commercial flight:

A. Perform 50 flights or log 20 hours of flight time (the greater of the two) with the

 sUAS that will be piloted.

Carrie A. Rickey 10

# # # # # # # # Section 333 Exemption Petition 

9 See “Maintenance” on page 39 of the of the attached “3DRSoloManual.pdf”
B. View and become familiar with all the videos in the Flight School section of the 

 Solo App.10

C. Study and be familiar with all sections of the Userʼs Manual of the SUAS that

 will be piloted.11

With that in mind, the Petitioner proposes that its PIC be entitled to apply for, and 

receive a temporary license certificate, renewable until the FAA creates an “unmanned 

aircraft certificate with sUAS rating”.

Public Interest

Granting this exemption would benefit the public as a whole. sUASs offer a strong 

equivalent level of safety, a reduction in environmental impacts, and are free from the 

harmful emission associated with the manned aircraft that are currently used for aerial 

photography and videography. Due to the size of the sUAS and the tightly controlled 

and limited airspace in which the sUAS will operate, approval of this application 

presents no risk to the public.

Furthermore, the public will be able to legally acquire aerial photography and 

videography to help in, but not limited to, advertising homes for sale, advertising 

uninhabited homes, lots, use of photos and video as an aid when researching homes for 

sale on the market, or safely accessing high and/or awkward areas of home exterior to 

assess damage that needs to be repaired.

Privacy

Since the areas being photographed or filmed will be on private property, accessed only 

after given written and/or oral consent by the property owner(s), and clear of all people, 

except for the PIC and the PICʼs helper(s), approval of this application presents no risk 

to the publicʼs privacy.

National Security

Due to the size of the sUAS and the tightly controlled and limited airspace in which the 

sUAS will operate, approval of this application presents no risk to national security.

Carrie A. Rickey 11

# # # # # # # # Section 333 Exemption Petition 

10 See “Flight School” on page 15 of the the attached “3DRSoloManual.pdf”

11 See the attached “3DRSoloManual.pdf”
Requested Exemptions

Petitioner requests exemption from the following regulations since itʼs not possible to 

fully comply with them, and since attempting to follow them for the purposes of 

operating a sUAS would be a burden:

Airworthiness Certificates - 14 CFR Part 21, Subpart H

Subpart H 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 Petitioner, 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 USC 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. In all cases, an analysis of these criteria demonstrates that the sUAS 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 

operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

Medical certificates - 14 CFR 61.23 (a) 

This regulation requires pilots of manned aircraft to hold a medical certificate. Since 

risks associated with the operation of the proposed sUAS are so diminished from the 

level of risk associated with any manned aircraft; the sUAS is of a size, weight, speed, 

and operational capabilities which makes it much safer than any manned aircraft; since 

operations will occur in tightly controlled and limited airspace; and considering that all 

operations will be on private/controlled access property that is clear of all people, 

obtaining and maintaining a medical certificate would not improve the safety of the 

operation. In the very rare case of a mishap, the sUAS being flown will pose significantly 

less of a threat than manned helicopters and fixed wing aircraft because the sUASs are 

a fraction of the size, a fraction of the weight, will be flown at a fraction of the speed, 

carry no flammable fuel, and carry no crew or passengers. 

Private pilot privileges and limitations: Pilot in command - 14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers; due to the sUASʼs size, weight, speed, and 

operational capabilities; and since operations will occur in tightly controlled and limited 

airspace, the proposed operations can achieve the equivalent level of safety of current 

operations that currently require a commercial pilotʼs license. 

Carrie A. Rickey 12

# # # # # # # # Section 333 Exemption Petition 
The FAA has determined that the airmanship experience of a commercially certificated 

pilot would not correlate to the airmanship skills necessary for the petitionerʼs specific 

proposed operations of a sUAS. 

Although the FAA does not possess the authority to exempt the Petitioner from the 

statutory requirement to hold an airman certificate, as prescribed in 49 USC Section 

44711, it does possess the authority under 14 CFSR 61.17 (a) to grant a temporary pilot 

certificate or rating, and in accordance with 14 CFSR 61.13 (4) the Administrator must 

issue an airman certificate “... to an applicant who satisfactorily accomplishes the 

training and certification requirements for the certificate, rating, or authorization sought, 

is entitled to receive that airman certificate, rating, or authorization.” 

With regard to the Petitionerʼs PIC training program, the Petitioner has proposed that 

prior to the first commercial operation the PIC be required to perform the grater of 50 

flights or 20 hours of flight time with the Solo, as well as review all the videos in the 

Flight School App and study and be familiar with the Solo manual identified in the 

petition. 

In its proposed regulations, the FAA states that it will create a new “unmanned aircraft 

operator certificate with a small UAS rating.” This certificate would be required before a 

person could legally operate a commercial UAS. To obtain this new certificate, an 

operator—who would need to be at least 17 years old—would have to pass an 

aeronautical knowledge test at an FAA approved testing center. The applicant would 

also have to pass a security screen conducted by the Transportation Security 

Administration. 

Given the above, the FAA must determine the appropriate level of pilot certification for 

the Petitionerʼs proposed operation: 1) There are currently no standards for either 

private or commercial sUAS pilot certificates, 2) the FAA has found that it cannot be 

assumed that a commercial pilot, approved to operate a manned helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, 

operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace, 3) to 

require the Petitioner to obtain a certificate rating equal to whatʼs required to operate a 

manned aircraft creates a burden and places undue economic hardship on the 

Petitioner. Therefore, the Petitioner is hereby seeking the Secretaryʼs approval to apply 

for, and receive a temporary license certificate, renewable until the FAA creates an 

“unmanned aircraft certificate with sUAS rating”. 

Because a temporary pilot certificate is subject to the same security screening by the 

Department of Homeland Security that all certified airmen undergo, the proposed 

operations can achieve the equivalent level of safety of recently approved Section 333 

exemptions.

Carrie A. Rickey 13

# # # # # # # # Section 333 Exemption Petition 
Flight instruction - 14 CFR 91.109 

This regulation 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. 

Small UASs and remotely piloted aircraft, by their design, 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 approved 

exemptions for flight training without fully functional dual controls for a number of aircraft 

and for flight instruction in experimental aircraft. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft. 

Minimum Safe Altitudes – 14 CFR 31.119 (c) 

This regulation prescribes safe altitudes for the operation of civil aircraft and specifies 

that over sparsely populated areas the aircraft cannot be operated closer than 500 feet 

to any person, vessel, vehicle, or structure. It allows helicopters to be operated at lower 

altitudes in certain conditions. The Petitionerʼs sUASs will never operate at an altitude 

greater than 400 feet AGL. Since the typical mission of the Petitionerʼs sUASs would be 

to photograph/video structures it would be necessary to operate closer than 500 feet to 

the items listed. Flights will only be conducted over property where permission has been 

obtained and at a distance greater than 30 feet of any consenting individual, and only 

after careful pre-planning has been performed. Further, the sUAS will operate at a very 

slow airspeed, and a low mass, and do not need as much space to operate safely, as 

outlined in 91.119. Given the Petitioner will only operate his sUASs in safe areas away 

from public and traffic, thereby providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes, and due to the size, weight, maneuverability and 

speed of the Petitionerʼs sUAS, an equivalent or higher level of safety will be achieved. 

Altimeter settings - 14 CFR 91.121 

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 confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

Fuel Requirements for Flight in VFR Conditions - 14 CFR 91.151 (a) 

This regulation 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 – 

Carrie A. Rickey 14

# # # # # # # # Section 333 Exemption Petition 
(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 proposed sUAS provides approximately 20 minutes of 

powered flight with attachments. That would make it impossible to meet the 30 minute 

reserve requirement. Given the limitations on the sUASʼs 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. 

An equivalent level of safety can be achieved because Soloʼs battery has a built in 

feature that tells Solo to return to its home when the battery reaches a point where it 

would be unable to return to its flight origination point. This is no less that 25% of the 

batteryʼs life. This feature would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area.

Maintenance Inspections - 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 

(a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) and (b) 

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. The operator, pursuant to the manufacturerʼs 

user manual and guide will accomplish maintenance. An equivalent level of safety will 

be achieved because these small sUASs are very limited in size, will carry a small 

payload, and operate only in restricted areas for limited periods of time. If mechanical 

issues arise, the sUAS can land immediately and will be operating from no higher than 

400 feet AGL. As outlined in the aforementioned Pre-flight Plan, the operator will ensure 

that the sUAS is in working order prior to initiating flight and perform maintenance as 

required. 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.

In accordance with 14 CFR Part 11, the following summary is provided for 

publication in the Federal Register: 

The Petitioner seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 

14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 

CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 

CFR 91.417 (a) and (b) to commercially operate small unmanned aircraft systems 

Carrie A. Rickey 15

# # # # # # # # Section 333 Exemption Petition 
(55 lbs. or less) in order to safely and legally capture aerial photography and 

videography for use by business owners, homeowners, realtors, home builders, home 

contractors, and/or home inspectors. 

The operation of sUASs conducted in the strict conditions outlined above, will provide 

an equivalent and/or greater level of safety supporting the grant of the exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 

and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in sterile environments, and as a result, are far safer than 

existing operations conducted with helicopters operating in close proximity to the 

ground, people, or other buildings in the vicinity. Given the small size of the sUASs 

involved, the slow speed at which they must be operated in order to capture photos and 

videos, and the restricted environment within which they will operate, the Petitioner 

demonstrates that it can be operated within an equivalent level of safety in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of 

sUASs to commence. Also, due to the size of the sUASs and the restricted areas in 

which the relevant sUASs will operate, approval of this application presents no threat to 

national security. 

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

Federal Aviation Act, the strong equivalent level of safety surrounding the proposed 

operations, the significant public benefit – including enhanced safety, reduction in 

environmental impacts, zero emissions, ability to legally obtain aerial photography and 

videography services – the grant of the requested exemptions is in the public interest. 

Accordingly, the Petitioner respectfully requests that the FAA grant the requested 

exemption. 

Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, 

speed, operating capability, proximity to airports and populated areas, operation within 

the visual line of sight, public safety, and national security – provide more than adequate 

justification to grant the Petitioner the requested exemption, allowing for commercial 

operations as described herewith. 

Respectfully submitted, 

Carrie A. Rickey, 

Petitioner

Carrie A. Rickey 16

# # # # # # # # Section 333 Exemption Petition