May 20, 2015

Mr. James Williams Manager, 

Flight Standards Service Gary Markman

Unmanned Aircraft Systems Integration President

Office Federal Aviation Administration TVP Litigation Support, Inc.

800 Independence Avenue, SW 1321 Sassafras Ave.

Washington, DC 20591 Altamonte Springs, FL 32714

U.S. Department of Transportation, Docket Operation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Request for exemption from multiple regulatory provisions to allow the use of small 

unmanned aerial systems on land authorized for use by clients of TVP Litigation Support, 

Inc. (TVPLS) to assist in the safe inspection, review, videography,and/or photography, 

services for our clients.

Dear Mr. Williams: 

TVP Litigation Support, Inc. (TVPLS) respectfully requests an exemption from several 

provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of 

small unmanned aerial systems (sUAS) to assist in inspection and documentation for our 

clients. We would additionally like to create short videos for marketing purposes for our 

clients. The subjects of the marketing videos would be locations such as landscape 

designs, commercial real estate, non commercial real estate, and wedding activites. 

Additional uses contemplated include traffic flow review, and unspecified site 

inspections for videography/photography and such for our clients. Accordingly, the grant 

of an exemption is consistent with Congress’ intent, reflected in Section 333 of the FAA 

Modernization and Reform Act of 2012 (Modernization Act),1 that safe systems be 

permitted in the national airspace prior to the issuance of final regulations governing 

general use of these systems.2 A summary of this request suitable for publication in the 

Federal Register is provided as Appendix A. 

Appendix B provides the manufacturers information regarding the design, aircraft 

performance, and fail-safe features. We have provided manufacturer information related 

to operating limitations, normal and emergency procedures, and maintenance and 

inspection procedures. 
1 P.L. 112-95, 126 Stat 11, February 14, 2012. 2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of 

waiver upon a finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and 

populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to 

national security.

The Extent of Requested Relief and the Reasons Relief is Needed Section 333 

Aircraft Exemption Status: 

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, 

speed, operational capability of the particular sUAS, as well as its proximity to airports 

and populated areas. An analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness certificate in the areas and under the conditions contemplated by

TVPLS will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the conditions proposed in 

this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, and operates exclusively within a designated area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator 

and/or observer. Operations will be conducted in compliance with the FAA and with 

local public safety requirements. Operations would not be conducted in any area 

currently, or designated in the future, as a hazard as designated by the FAA The 

manufacturers software and future updates don’t allow operation of the sUAS in 

designated “no fly zones.” Application of these same criteria demonstrates that there is no 

credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials and inability to carry a substantial 

external load. Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, this 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. 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privileges and limitations: Pilot in 

command. (a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as 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. TVPLS anticipates using only specially trained staff to conduct the sUAS 

operations. While these individuals will not hold commercial pilot licenses, the sUAS 

will not carry property for compensation or hire since they will be used solely to assist in 
inspection and documentation of locations such as landscape designs, commercial real 

estate, non commercial real estate, wedding receptions, traffic flow review, unspecified 

site inspections. The employees’ operation of the sUAS will be incidental to their 

employment with TVPLS, and they will be compensated for such work. Without an 

exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the 

risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the 

permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within 

a geographical envelope. Requiring a commercial pilot certificate would provide no 

appreciable safety benefit and would needlessly impose additional cost on TVPLS. 

Because the contemplated operations would not comply with §61.113(b)(1) and none of 

the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and 

(b).

Background Information 

TVPLS is in the business of providing videography and photography services for our 

clients. TVPLS’s clients look to us for Safe Operations of sUAS. As such, we have 

developed specific TVPLS Safe sUAV Operational Procedures. Increasingly, we have 

clients looking to operate sUAS for marketing and aerial videography/photography

services. As part of this service, TVPLS is requesting FAA Exemption for sUAS 

operations for inspection and review and video/photo capture usage. 

Regulatory Basis for Exemption Request, 

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an 

exemption is in the public interest. The FAA has imposed a separate requirement in its 

procedural regulations, providing that the petitioner shall explain why granting the 

exemption would not adversely affect safety or how the exemption would provide at least 

an equivalent level of safety as compliance with the underlying regulation. In this case, 

approval of this exemption would advance the public interest by significantly enhancing 

the safety and efficiency of videography/photography operations and by providing the 

FAA with valuable user experience on sUAS in a context with appreciable economic and 

societal benefits. As described more fully below, the requested exemption would permit 

the operation of sUAS under tightly controlled conditions, thus ensuring that operations 

will not have an adverse impact on safety. To the contrary, as explained below, TVPLS 

anticipates that use of sUAS will enhance safety and efficiency in site inspections and 

provide unique opportunities in marketing that traditional aerial 

videography/photography would have proven cost and safety prohibitive. Granting an 

Exemption is in the Public Interest. The unique opportunity for close aerial videography

and photography provides an economic benefit to business without compromising safety. 

Locations that would be unavailable for other aerial platforms can be safely and 

efficiently accessed by an sUAS platform. Flight operations will be conducted in such a 

specific fashion that the intrusion of unexpected outside influences will be all but non 

existent. Short flights of a specific purpose in a very contained area will provide the 

highest margin of safety and efficiency. Currently, in order to obtain the goals of this 
platform, a person would need to be put into a position that poses personal danger and 

danger to the surrounding public in the event of a failure of the supporting equipment. 

Aerial videography/photography by traditional fixed wing aircraft is impractical because 

the required altitudes for safe flight reduce visibility below meaningful levels – it is 

simply not possible to see all asset attributes from such heights. Helicopters present better 

vantage points; however manned helicopters are much more costly, subject to human 

safety and carry highly explosive jet fuel making them impractical for deployment. By

using sUAS for ground based, unmanned aerial videography/photography, TVPLS will 

be able to provide unique and valuable aerial videography/photography services. TVPLS 

would be able to provide safe and cost efficient services for consumers and businesses to 

promote the economic growth vital to our economy.

Granting an Exemption will not Adversely Affect Safety 

TVPLS notes that there is no applicable standard for an equivalency determination. Some 

have argued that the appropriate standard is that for model aircraft, noting that their 

operations, if conducted for recreational purposes, would fall completely within the 

allowable operations for model aircraft. We believe it is difficult to argue that there is 

sufficient correlation between model operations controlled by the Academy of Model 

Aeronautics and the ones contemplated by TVPLS. At the same time, it is clear that 

equivalency cannot be established for traditional, manned civil aircraft because the design 

and use profiles between traditional aircraft and sUAS are simply too different. As such, 

we believe it makes more sense to focus on why the contemplated operations would not 

adversely affect safety, which is all that §11.81(e) requires. 

Granting an exemption will not adversely affect safety. TVPLS contemplates conducting 

sUAS operations over specific and designated land, solely during daylight hours, at 

altitudes well below that which would pose a risk to other aircraft.The nature of 

operations anticipated by TVPLS requires that the sUAS be flown at relatively low 

altitudes and relatively low speeds. TVPLS expects that in most instances, the sUAS will 

be flown less than 75 feet from the highest structure along the path of the sUAS. 

Accordingly, the risk of interference with another aircraft is minimal. TVPLS also plans 

to conduct sUAS operations at least three miles from any public airports (including 

heliports). In the event an operation needs to be conducted closer to an airport, TVPLS 

will inform the airport operator and airport air traffic control tower of the contemplated 

operation and will comply with any directions issued by air traffic control at that airport. 

Conventional operations, using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the subject being inspected and in extreme proximity to people 

and structures; and present the risks associated with vehicles that weigh in the 

neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for 

jet helicopters). Such aircraft must fly to and from the inspection site. In contrast, a sUAS 

weighing fewer than 55 lbs. 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 
carried to the inspection site. 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 small UASs, weighing less than 55 lbs., conducted in the strict 

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

of the exemptions requested herein, including 333 Aircraft Exemption Status exempting 

the applicant from conventional aircraft requirements and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in 

a controlled environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 

TVPLS intends to use a dedicated staff for sUAS operations. All operations will be 

within visual line-of-sight (i.e., no more than approximately 0.5 miles from the 

manipulator of the controls, or pilot in command (PIC)). Each PIC will conduct at least 

three take-offs and landings with the sUAS on which he or she is trained every 90 days. 

PIC’s will establish their qualifications thru a combination of aeronautical knowledge, 

UAS airmanship skills, and verification through testing of flight ability before 

videography/photography operations have commenced. Depending on the type of 

operation, additional ground-based visual observers may be employed as well. These 

observers will be within constant visual line of sight and in constant contact with the PIC. 

The visual observers will assist the PIC in avoiding objects near the sUAS. 

There are no standards for either Private or Commercial sUAS pilot certificates. The safe 

operation and control of the UAS as described in this application does not depend on the 

type of FAA license held by the PIC. Given the restricted and controlled airspace within 

which operations will take place, the key factors needed by the PIC are knowledge of the 

airspace within which the operation will take place and how that airspace fits into the 

National Airspace System (NAS). That knowledge can be and is gained primarily

through ground school and not through flight training in fixed wing or rotor aircraft, nor 

is it dependent on the acquisition of a commercial or private pilot’s certificate. Those 

certificates demonstrate knowledge of the factors and skills needed for the safe operation 

of those types of aircraft (fixed wing or rotorcraft). 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 a small unmanned aerial vehicle, operating at 400 AGL or lower, 

within strictly controlled pre-approved airspace. Besides knowledge of airspace 

regulations, dexterity in the control and operation of the sUAS acquired from actual 

operation of the aircraft is the most important factor in establishing an equivalent level of 

safety. 

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant 

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what 

is being used today to accomplish the same mission, and (3) what precautions will be 

taken to ensure the safety of those in the area of operation. Should there be a mishap, the 

sUAS being flown pose significantly less of a threat than the helicopters and fixed wing 

aircraft now being employed because they are a fraction of the size, carry no flammable 

fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in 
stark contrast to conventional aircraft that are flown to the site, carry explosive fuel, carry

passengers and crew, and operate in a much larger area. 

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who 

are also qualified to fly the type of sUAS that are utilized for videography and imagecapture operations. There are even fewer commercial pilots that can fly these sUAS – to 

the point that to do both is considered rare. Assuming that it is unlikely for a company to 

find a pilot that has both qualifications, that company would either have to source a 

qualified sUAS pilot to train and obtain a commercial certificate, or find a commercial 

certificated pilot who would be willing to learn to fly a sUAS to the competency level 

required for professional use.

Minimum requirements for the PIC include: 

1) A minimum of 100 flight cycles and 10 hours of total time as a sUAS 

rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a 

similar sUAS type (single blade or multirotor); 

2) A minimum of 5 hours as sUAS pilot with the make and model of 

sUAS to be utilized for operations under the exemption and 3 take offs 

and landings in the preceding 90 days

3) Have undergone a qualification process as specified in the Flight 

Operations & Procedures Manual consisting of a knowledge & skill test 

of the aircraft to be used. 

TVPLS intends to use commercially available sUAS Components for sUAS. These sUAS 

systems will be tested for quality & safety before being deployed to the field. The sUAS 

is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a designated area. We have a routine maintenance schedule to verify

that the sUAS will remain in safe and operational condition. Please see Appendix B, for 

Specific Types of sUAS. 

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in 

reference to 49 USC 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, we request that this aircraft 

exemption meets the conditions of Section 333. Therefore, if granted Section 333 relief 

of 14 CFR part 21, and any associated noise certification and testing requirements of part 

36, is not necessary. 

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAS, two-inch lettering will be impossible. UA will be identified 

by serial number, registered in accordance with 14 CFR part 47, and have identification 

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be 

as large as practicable. 
Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

TVPLS’s request is based on the fact that no airworthiness certificate will be issued for 

the sUAS. TVPLS’s UAS will not require an airworthiness certificate in accordance with 

14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be 

issued, exemption from § 91.7(a) is not necessary. 

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available 

to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) 

and 91.203(a) and (b) is not necessary. 

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests

Small UASs, 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. 

TVPLS evaluates the qualification of its PICs based on their experience with the UAS to 

be operated and verifies through testing, in lieu of formalized training. As such, TVPLS 

does not seek relief from 14 CFR § 91.109. 

Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is not applicable, because the 

TVPLS’s operations will only be conducted within the designated area described herein. 

TVPLS’s Safety Operations & Procedures Overview:

Technology Considerations: 

Best-in-class, tried and proven technologies that are in advanced iterations. Software 

from highly-reputable industry partners will include features –

1. Auto descent (landing) if communication signal were to be severed. If the sUAS 

loses communications, the sUAS will have capability to return to a predetermined location within the Security Perimeter and land. 

2. Auto descent (landing) if battery were to drop lower than nominal level. 

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback. In other words, we 

can monitor the scene from the vehicle's perspective for collision avoidance, and 

to maintain spatial orientation. 

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

obstacles or emergencies. 
6. On-Screen-Display (OSD) contains operating information to ascertain vehicle 

health at all times: speed, altitude, number of GPS satellites (when available),

heading and voltage. 

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) 

link failures occur (highly improbable), vehicle returns automatically to the point 

of launch. 

8. Altitude information will be provided to the sUAS pilot via a digitally encoded 

telemetric data feed, which downlinks from the aircraft to a ground-based onscreen display. This altitude information will be generated by equipment installed 

on board the aircraft, using GPS triangulation, or digitally encoded barometric 

altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a 

zero altitude initiation point will be established and confirmed for accuracy by the 

pilot. 

Mechanical/Physical: 

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct 

LOS to the pilot, thus eliminating the concern of signal severance (flying behind 

objects/walls). 

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 

3. Batteries should far exceed the capacity required for actual flight time. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site. 

6. UA operated under this exemption will be marked in accordance with 14 CFR 

part 45 or as otherwise authorized by the FAA. 

Personnel: 

1. Spotters ensure safe operation and act as a redundant set of eyes for operators 

(pilot, gimbal op, director) 

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle 

control/communication. 

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

each day’s activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

4. The operator will obtain the consent of all persons involved in the sUAS 

operations and ensure that only consenting persons will be allowed within 100 

feet of the flight operations. 

5. Observer and pilot will at all times be able to communicate by voice. 

6. Written and/or oral permission from the relevant property holders will be 

obtained. 

7. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated. 
Operations: 

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by this 

petition of exemption are limited to the following aircraft described in 

Appendix B. Proposed operations of any other aircraft will require a new 

petition or a petition amendment to this request. 

The UA may not be flown at a ground speed exceeding 50 knots. 

2. Flights must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operator’s manual. All altitudes reported to ATC must be in feet AGL. 

3. The UA must be operated within visual line of sight (VLOS) of the PIC at 

all times. This requires the PIC to be able to use human vision unaided by

any device other than corrective lenses, as specified on the PIC’s FAAissued medical certificate. 

4. All operations must utilize a visual observer (VO). The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains 

VLOS capability. The VO and PIC must be able to communicate verbally

at all times. 

5. The operator’s manual included as Appendix C and this petition of 

exemption must be maintained and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operator’s 

manual, the conditions and limitations herein take precedence and must be 

followed. Otherwise, the operator must follow the procedures as outlined 

in its operator’s manual. The operator may update or revise its operator’s 

manual. It is the operator’s responsibility to track such revisions and 

present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it 

petitions for extension or amendment. If the operator determines that any 

update or revision would affect the basis for which the FAA grants this 

petition for exemption, then the operator must petition for amendment to 

their exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operator’s 

manual. 

6. Prior to each flight the PIC must inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects 

the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is found 

to be in a condition for safe flight. The Ground Control Station, if utilized, 
must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

7. Any UAS that has undergone maintenance or alterations that affect the 

UAS operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight in accordance with the 

operator’s manual. The PIC who conducts the functional test flight must 

make an entry in the UAS aircraft records of the flight. The requirements 

and procedures for a functional test flight and aircraft record entry must be 

added to the operator’s manual. 

8. The operator must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and 

inspection/maintenance requirements must be established and identified in 

the operator’s manual. At a minimum, requirements for the following must 

be included in the operator’s manual: a. Actuators / Servos; b. 

Transmission (single rotor); c. Powerplant (motors); d. Propellers; e. 

Electronic speed controller; f. Batteries; g. Mechanical dynamic 

components (single rotor); h. Remote command and control; i. Ground 

control station (if used); and j. Any other components as determined by 

the operator; 

9. The Pilot In Command (PIC) may or may not possess at least a private 

pilot certificate and at least a current third-class medical certificate. 

Possession of a private pilot’s license and the third class medical would 

not exempt the PIC of the sUAS from any other requirement to operate the 

sUAS. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. 

10. Prior to operations conducted for the purpose of 

photography/videography, the PIC must have accumulated and logged, in 

a manner consistent with 14 CFR § 61.51(b), a minimum of 100 flight 

cycles and 10 hours of total time as an sUAS rotorcraft pilot and at least 

10 hours logged as a UAS pilot with a similar UAS type (single blade or 

multirotor). Prior documented flight experience that was obtained in 

compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be 

conducted under this petition of exemption to accomplish the required 

flight cycles and flight time. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119. 
11. Prior to operations conducted for the purpose of photography 

/videography, the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot 

operating the make and model of UAS to be utilized for operations under 

the exemption and three take-offs and three landings in the preceding 90 

days. Training, proficiency, experience building, and take-off and landing 

currency flights can be conducted under this petition of exemption to 

accomplish the required flight time and 90 day currency. During training, 

proficiency, experience-building, and take-off and landing currency flights 

all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 CFR § 91.119. 

12. Prior to any flight operations authorized by this petition of exemption, the 

PIC and VO must have successfully completed a qualification process, as 

outlined in the operator’s manual. As this is a requirement stipulated by

the operator, the test must be developed and implemented by a qualified 

person designated at the sole discretion of the operator. A record of 

completion of this qualification process must be documented and made 

available to the Administrator upon request. 

13. Prior to operations conducted for the purpose of 

photography/videography, a flight demonstration, administered by an 

operator-approved and -qualified pilot must be successfully completed and 

documented. This documentation must be available for review upon 

request by the Administrator. Because the knowledge and airmanship test 

qualifications have been developed by the operator, and there are no 

established practical test standards that support a jurisdictional FAA 

FSDO evaluation and approval of company designated examiners, the 

petitioner will conduct these tests in accordance with the operator’s 

manual. 

14. The UA may not be operated directly over any person, except authorized 

and consenting personnel, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency. 

15. Regarding the distance from participating persons, the operator’s manual 

has safety mitigations for authorized and consenting personnel. At all 

times, those persons must be essential to the operations. 

16. Regarding distance from nonparticipating persons, the operator must 

ensure that no persons are allowed within 300 feet of the area except those 

consenting to be involved and necessary for the photography/videography

operations. This provision may be reduced to no less than 200 feet if it 

would not adversely affect safety and the Administrator has approved it. 
17. If the UAS loses communications or loses its GPS signal, the UA must 

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

or be recovered in accordance with the operator’s manual. 

18. The UAS must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

19. Each UAS operation must be completed with 25% battery power 

remaining. 

20. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under this petition of exemption. This COA will also require 

the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

21. All aircraft operated in accordance with this exemption must be identified 

by serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings must be as large as practicable. 

22. The operator must develop procedures to document and maintain a record 

of the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the 

UAS. These procedures must be added to the operator’s manual. 

23. Each UAS operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

24. The preflight inspection section in the operator’s manual must be amended 

to include the following requirement: The preflight inspection must 

account for all discrepancies, i.e. inoperable components, items, or 

equipment, not covered in the relevant preflight inspection sections of the 

operator’s manual. 

25. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

26. The documents required under 14 CFR §§ 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time 
the aircraft is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

27. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, 

ultralight vehicles, parachute activities, parasailing activities, hang gliders, 

etc.). 

28. UAS operations may not be conducted during night, as defined in 14 CFR 

§ 1.1. All operations must be conducted under visual meteorological 

conditions (VMC). Flights under special visual flight rules (SVFR) are not 

authorized 

29. The UAS may not be operated by the PIC from any moving device or 

vehicle with the exception of a boat being operated by a separate 

individual and no closer than 500 feet to the shoreline for the purpose of 

recording the operation of another boat for use in marketing videos. 

30. The UA may not be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. 

31. The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical miles 

of the geographic center of a non-towered airport as denoted on a current 

FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter 

of agreement with the airport management must be made available to the 

Administrator upon request. 

32. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable 

COA must be reported to the FAA’s UAS Integration Office (AFS-80) 

within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. Further flight operations may not be 

conducted until the incident, accident, or transgression is reviewed by

AFS-80 and authorization to resume operations is provided. 

Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, TVPLS 

provides the following information: 
Contact Information:

Gary Markman

President

TVP Litigation Support, Inc.

1321 Sassafras Avenue

Altamonte Springs, FL 32714

407-265-2220 (ph)

407-650-2752 (fx)

gary@thevideprecedent.com

Regulatory Provisions from which TVPLS seeks an Exemption 

TVPLS believes it may need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed 

because relief from another provision renders compliance with the regulation 

at hand infeasible. 

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a)(1)&(2) 

14 C.F.R. §91.417(a)&(b) 

TVPLS believes an exemption is only needed from the above-listed regulatory

provisions. To the extent that the FAA believes that additional relief is 

required for TVPLS to conduct the operations described here, we request an 

exemption from any such regulatory provisions as well.3 3 

For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since 

none of the underlying requirements (e.g., inspection intervals) can be met and will require an exemption, TVPLS 

believes a separate exemption should not be required for §91.417(a).

The Extent of Requested Relief and the Reasons Relief is Needed 

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft 

from the requirement for an airworthiness certificate based on a consideration 

of the size, weight, speed, operational capability of the particular UAS, as well 

as its proximity to airports and populated areas. An analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate in 

the areas and under the conditions contemplated by TVPLS will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating 
with an airworthiness certificate without the conditions proposed in this 

request. 

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, and operates exclusively within a secured area. Unlike other civil 

aircraft, operations under this exemption will be tightly controlled and 

monitored by the operator and observer. Operations will be conducted in 

compliance with the FAA and with local public safety requirements to provide 

security for the area of operation as is now done with conventional equipment, 

infrastructure, bridge and out building evaluation. These safety enhancements 

provide an expanded degree of safety to the inspectors over conventional 

operations. Lastly, application of these same criteria demonstrates that there is 

no credible threat to national security posed by the sUAS, due to its size, 

speed of operation, location of operation, lack of explosive materials and 

inability to carry a substantial external load. 

Given the size and limited operating area associated with the aircraft to be 

utilized by the Applicant, this 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. In all cases, an analysis of these criteria demonstrates that the UAS 

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 (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

14 C.F.R. §61.113(a) and (b) 

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no 

person who holds a private pilot certificate may act as 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. ***** 

TVPLS anticipates initially using a cadre of specially trained staff 

to conduct the sUAS operations. While these individuals will not hold 

commercial pilot licenses. The sUAS will not carry property for 

compensation or hire since they will be used solely to document or review 

specific sites in furtherance of TVPLS’s client’s primary business, and to 
create short marketing or advertising videos of designated areas for 

TVPLS’s clients. The employees’ operation of the sUAS will not be 

incidental to their employment with TVPLS, and they will be 

compensated for such work. Without an exemption, the pilot would be 

required to hold a commercial pilot certificate under §61.133. However, 

the risk associated with the contemplated operations is less than the risk 

posed by a traditional aircraft. The sUAS will fly at altitudes well below 

the permissible limits for other civil aircraft, eliminating the risk to other 

aircraft, and within a geographical envelope under the sole control of 

TVPLS clients. Accordingly, the risk would be limited to TVPLS 

personnel, who will be appropriately outfitted in safety gear, and TVPLS 

client’s property on the ground. Requiring a commercial pilot certificate 

would provide no appreciable safety benefit and would needlessly impose 

additional cost on TVPLS. Because the contemplated operations would 

not comply with §61.113(b)(1) and none of the other exceptions to 

paragraph (a) apply, relief is needed from both paragraphs (a) and (b). 

14 C.F.R. 91.119(c) 

§91.119 Minimum safe altitudes: General. Except when 

necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: *** 

(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. ***** 

TVPLS submits that the only relief it requires from §91.119 

is from the minimum altitudes listed in paragraph (c). Relief is 

required from paragraph (c) for fixed wing operations because 

videography/photography conducted at 500 feet or higher is 

insufficiently distinct to be meaningful. Since operations at this 

altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an 

exemption. The anticipated rotorcraft operations should be 

adequately addressed by paragraph (d) (1). Additionally, relief 

should not be needed from paragraph (a) because an emergency

landing of the aircraft due to a power failure will not create an 

undue hazard to persons or property on the surface. The risk of 

injury is minimal. TVPLS does not contemplate conducting 

operations over congested areas, so relief is not requested from 

paragraph (b). 

14 C.F.R. 91.121 14 C.F.R. §91.121 
Altimeter Settings 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, pursuant to the 

Manual and Safety Check list, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight. Altitude 

information will be provided to the sUAS pilot via a digitally 

encoded telemetric data feed, which downlinks from the aircraft to 

a ground-based on-screen display. This altitude information will be 

generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio 

altimeter, or any combination thereof. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for 

accuracy by the pilot. 

14 C.F.R. 91.151 §91.151 

Fuel requirements for flight in VFR conditions. 

(a)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 –

(b)During the day, to fly after that for at least 30 minutes. 

No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 

minutes. 

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve 

fuel does not raise the type of risk contemplated by §91.151, i.e., that an 

aircraft could run out of fuel in the event it has to be flown to an alternate 

airport or circle the planned airport in the event of unanticipated conditions. 

TVPLS does not intend to use the sUAS for point-to-point flights and will not 

operate the sUAS beyond visual line of sight. Nor will the sUAS require an 

airport in order to land. Rather, TVPLS will operate the sUAS using preplanned flight paths (taking into account weather conditions) designed to 

allow the sUAS to fly to the point of intended landing. As such, there is no 

need for a timebased excess fuel requirement. Rather it should be sufficient to 

require only as much additional excess flight capacity as necessary to safely 

land the sUAS. We believe that a 25% battery reserve is more than sufficient 

to meet this objective. 

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 

91.417(a) & (b) 
§91.405 Maintenance required. Each owner or operator of an aircraft –

(a) 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; 

§91.407 Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, 

rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized 

under §43.7 of this chapter; 

§91.409 Inspections. 

(a) Except as provided in paragraph (c) of this section, no person 

may operate an aircraft unless, within the preceding 12 calendar 

months, it has had __ 

(1)An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person authorized 

by §43.7 of this chapter; or 

(2)An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

 §91.417 (a) & (b)

TVPLS believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards that would 

allow an operator to meet the part 91 maintenance requirements. In particular, there 

are no individuals authorized by the FAA to approve a sUAS for return to service 

under §91.407(a) or to conduct the initial airworthiness and annual return to service 

inspections required by §91.409(a). TVPLS will maintain the aircraft as instructed in 

the owner’s manual and ASTM F2909, where applicable, and will not operate the 

aircraft until it has reasonably determined that any needed repairs have been made. 

However, because of the technical impossibility of meeting the requirements of 

§§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these 

provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns. 

Respectfully submitted, 

Gary Markman, President, TVP Litigation Support, Inc.

Appendix A 

Summary for Federal Register Publication Pursuant to 14 C.F.R. Part 11, the 

following summary is provided for publication in the Federal Register should the 

FAA determine that publication is needed. Petitioner: TVP Litigation Support, Inc. 

(TVPLS) Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. 

§61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 

C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. 

§91.417(a)&(b) Description of Relief Sought: Petitioner seeks relief from the 

requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 

91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS 

operations over specific and designated land, solely during daylight hours, to assist 

it’s clients in the safe procurement of photographs and videos in furtherance of their 

businesses. In general, sUAS operations are intended to be conducted in areas remote 

from both congested areas and airports. The nature of operations anticipated by

TVPLS requires that the sUAS be flown at relatively low altitudes. TVPLS expects 

that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS and in no instances will be flown higher than 

400 feet above the ground. Accordingly, the risk of interference with other aircraft is 

minimal.
Appendix B

See Attached User Manual for DJI Inspire 1