August 1, 2015

Brenda Robeson Program Analyst, Airmen and Airspace Rules Division

U. S. Department of Transportation

Federal Aviation Administration

800 Independence Ave S.W

Washington, DC 20591

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Ms. Robeson:

Thank you for your detailed letter dated July 27 carefully explaining why my petition for exemption 

could not be processed. I hope that the details here adequately address your questions. In short, I 

have a DJI Phantom 3 Pro and I want to take photo for local realtors in our rural community. This 

application is for small Unmanned Aerial Systems (UAS).

Following is a summary of your questions and provided my responses.

The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you 

seek, and the reason you seek relief.

SECTION 333 EXEMPTION REQUEST LIST

Following is a summary of the exemption application to allow commercial operation of small 

aerial vehicles for aerial real estate photography. An exemption is requested from the

following regulations:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2) & (c);

14 C.F.R. 91.103;

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).
If you find any of the requested exemption not applicable to my small drone or the intended 

use an exemption to a partial list of the above would be greatly appreciated. Most important 

are the bold ones above: 14 CFR § 61.113(a) & (b); 61.133(a)

The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole.

On Top Of It shares Congress’s goal of getting small aerial vehicles (a.k.a., drones) flying 

commercially in the United States safely and soon. In the FAA Modernization and Reform Act 

of 2012, Congress directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system” and, under Section 333 of that law, gave the 

FAA power to grant innovators “expedited operational authorization” to do so. By this 

petition, Rebecca Frost, of On Top Of It is seeking its first such authorization, in order to safely 

advance commercial photography applications.

Specifically, in my case, I plan to offer very inexpensive aerial photos of real estate properties 

to facilitate home sales and commercial real estate properties. Although Google-Earth shows 

aerial views of certain features, the photos are very old and are not at adequate resolution to 

see fine details of landscapes, unsafe structures, or shadowed views. This is also extremely 

important in residential real estate when considering home purchasers who are relocating and 

cannot visit the home they purchase directly. 

It is also in the public interest to facilitate commerce and entrepreneurialism.

The reasons why the exemption would not adversely affect safety or how the exemption would 

provide a level of safety at least equal to that provided by the rule from which you seek an 

exemption. 

A detailed discussion of each rule is provided in the appendix. However, in short, except for 

selling my photos, all request exemptions are consistent with those allowed for hobbyist use. 

We will stay fully compliant with all rules of hobbyists. 

Any additional information, views, or arguments available to support your request

Please see the appendix.

Please feel free to email me directly if you need further information. 

Thank you for your consideration and prompt attention. 

Respectfully submitted, 

Rebecca Frost

908.268.7284 | r.frost107@gmail.com

On Top Of It

2 Elliott Farm Road

Tewksbury Township, NJ 07830
Appendix

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The applicant requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of small aerial vehicles:

14 CFR Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the

aircraft (typically less than 5 lbs., and always less than 55 lbs.) and the limited operating area

associated with its utilization, it is unnecessary to go through the certificate of airworthiness

process under Part 21 Subpart H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved.

In this case, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or

safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate.

The UAS weighs typically less than 5 lbs., and always less than 55 lbs. fully loaded. It will not

carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an

area pre-disclosed and in compliance with conditions set forth herein. Operations under this

exemption will be tightly controlled and monitored by the operator, pursuant to the 

conditions set forth above. Receipt of the permission of the land owner or authorized agent,

the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the

location and not flown there all establish the equivalent level of safety. The UAS provides at 

least an equivalent, and most likely exceeds, level of safety to that of such operations being

conducted with conventional ai rcraft that would be orders-of-magnitude larger and would

be carrying passengers, cargo, and flammable fuel.

14 CFR. § 45.23 & 91.9(c): Marking of the Aircraft

Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman

capital letter “N” (denoting United States registration) followed by the registration number of

the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital

letter.

(b) When marks include only the Roman capital letter “N” and the registration 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.

Regulation 91.9(c) provides:

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in 

accordance with part 45 of this chapter.

The UAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. Official marking

systems for UAS have not yet been established for operations inside the NAS. 

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738,

10167, 10167A and 10700.

14 CFR § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the UAS in this case is

remotely controlled with no passengers or property of others on board. Section 61.133(a)

requires an individual with a commercial pilot’s license to be pilot in command of an aircraft

for compensation or hire. The applicant respectfully proposes that operator requirements 

should take into account the characteristics of the particular UAS. Most UAS autopilot’s

have a high degree of pre-programmed control and various built-in technical capabilities that

strictly limit the potential for operation outside of the operating conditions set forth in the 

exemption application. Hands-on experience with the UAS are a far more effective guarantee 

of flight safety than a commercial pilot certificate would be, until the FAA Pilot Certificate 

requirements catch up to the UAS technology.

The UAS autopilots have an all-digital software platform with advanced features previously

restricted to full size unmanned aircraft. Automated features and advanced fly-safe controls

enable safe, reliable operation, as well as advanced networking capabilities and system

extensibility.

 The system can autonomously fly a programmed flight path or fly in manual mode

 Flight time and battery minutes are displayed at all times. The system will return

home and land automatically if user-configurable limits are reached.

Flight safety is a priority, no matter the operating environment or project. UAS offer

superior safety over manned aircraft by removing the need for people to be onboard in 

potentially dangerous situations. With multiple built-in safety features, UAS platforms lead 

manned operations with respect to safety.

 The UAS automatically detects potential issues - with configurable automated response

behavior such as a return-home-and-land routine

 The UAS self-calibrate all of their sensors and perform required failsafe pre-flight tests 

prior to takeoff to check for errors

 The UAS have the ability to set up visual no-fly zones or create a virtual fence so the UAS

can’t fly vertically beyond the pre-planned flight height
 The UAS have battery minutes and flight time displayed at all times. The system will

return home and land automatically if user-configurable limits are reached

 The UAS auto detect a lost GPS, warns the pilot and initiates an immediate landing.

 Low battery on the UAS triggers a Non- Fatal Warning alarm to return home, land

and replace the battery

 If UAS detect a lost-link to the Ground Station the vehicle will perform its pre-defined

Non-Fatal Condition Response.

Given these safety features, the applicant proposes that operators of UAS with these 

features should not be required to hold a commercial or private pilot certification.

The risks associated with the operation of the UAS (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk

associated with private pilot operations or commercial operations contemplated by Part 61

with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set

forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a)

& (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft

under § 61.133(a).

14 CFR § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of UAS without an 

airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size

of the UAS and the previous COAs issued for similar UAS, an equivalent level of safety will be

achieved by ensuring compliance with the given UAS manuals and use of safety checklists prior

to each flight.

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter,

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.

Given the size of UAS, they have no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual at the ground

control point where the pilot flying the UAS will have immediate access to it. The FAA has

issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the
aircraft an exemption will be needed. An equivalent level of safety will be provided by following a 

preflight checklist. The applicant will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

limits aircraft flying over areas other than congested areas to 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.

Applicant will always fly below 400 feet.

The equivalent level of safety will be achieved given the size, weight, speed, and material

with which UAS are built. Compared to aerial survey operations conducted with aircraft or 

rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated

with these operations will be far less than those currently allowed with conventional aircraft

operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will

maintain separation between these UAS operations and the operations of conventional aircraft

that must comply with Section 91.119.

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. Some UAS have a barometric pressure sensor, while others only use GPS for elevation 

or altitude. When a barometric pressure sensor is on the UAS, it is typically “zeroed” at the point 

of take-off; this is right next to the pilot and not at a departure airport. The altitude reading will 

be relative to that point (on the ground) and not a known elevation.

The equivalent level of safety will be achieved by the pilot confirming the elevation or altitude 

of the launch site. The altitude of the UAS will also be displayed via telemetry on the Ground 

Station and will be constantly monitored by the pilot during the entire flight operation.

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

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 – (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 different UAS batteries provide a variety of powered flight times. An exemption from § 14

CFR 91.151 is therefore required.

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151(a)). Operating the UAS, without 30 minutes of reserve

fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given
the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, 

or cargo also enhances its safety. In the unlikely event that the UAS should run out of fuel, it

would simply land. Given its weight and construction material, the risks are less than

contemplated by the current regulation.

The applicant believes that an equivalent level of safety can be achieved by maintaining 20% of

reserve fuel (or battery), which would be more than adequate to return the UAS to its planned

landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673

and 10808.

14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) ... no person may operate a civil aircraft unless it has ... an appropriate and current 

airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section 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.

The UAS fully loaded weigh typically less than 5 lbs., and always less than 55 lbs. As such, there

is no ability or place to carry certification and registration documents or to display them on the

UAS. In addition, there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the UAS will have immediate access to them. The FAA has

issued numerous exemptions to this regulation. A representative sample of other exceptions

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires 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 ...” Section 91.407 similarly makes reference to requirements in Part 43;

Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain

maintenance work that has been accomplished by certificated mechanics, under Part 43, or

licensed pilots and records of approval of the aircraft for return to service.

The UAS are nearly maintenance free, they perform automatic pre­flight checks and the failure

of any check will prevent take-off. Checks which cannot be done by the system will be

performed by a qualified person prior to each flight and at predefined intervals as part of a 

maintenance schedule.

Pre­flight checklist includes:

1. Visual inspection of the airframe
2. Visual inspections of rotor integrity

3. Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the UAS is small in size, will carry no

external payload, will operate only in restricted predetermined areas and is not a complex

mechanical devise. The operator of a UAS will ensure that it is in working order prior to

initiating flight, perform required maintenance, and keep a log of any maintenance that is

performed. Moreover, the operator is the person most familiar with the aircraft and is best

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of

safety.

If mechanical issues arise, the UAS can land immediately due to the pre-determined area of 

operation. Moreover, the UAS's small size, carrying capacity, and the fact that flight operations will 

only take place in restricted areas for limited periods of time, create less risk than the same factors 

associated with conventional fixed-wing aircraft and rotorcraft performing the same operation.