LUTHER A. GILLIAM –SECTION 333 EXEMPTION REQUEST

Regulatory Docket No. TBD

The following petition is submitted by Luther Atkins Gilliam II, Police Sergeant and made to

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

for an exemption from Title 14, Code of Federal Regulations (14 CFR) Sections 45.23(a)(b);

45.27(a); 45.29; 47.15; 91.7(a); 91.119(b)(c); 91.121, 91.151(a); 91.405(a); 91.407(a)(1);

91.409(a)(2); and 91.417(a) & (b).

PREVIOUS GRANT OF EXEMPTION

I submit the following approved exemptions as reference (a):

Exemption No.11138 / Regulatory Docket No. FAA-2014-0481/ Exemption No.11587A 

Docket No. FAA-2015-0448

Mr. Douglas Trudeau, Realtor(M, of Tierra Antigua Realty Trudeau), 1650 E River Road, Suite 

202, Tucson, AZ 85718 and Mr. Jeff Greer, P.O. Box 1221, Senoia, GA 30276 petitioned the 

Federal Aviation Administration (FAA) for an exemption from part 21, subpart H; and Sections 

45.23(b), 1.113(a)and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code 

of Federal Regulations (14CFR). The proposed exemption would allow Mr. Trudeau and Mr. 

Greer to operate the PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) to 

conduct aerial videography and cinematography to enhance academic community awareness for 

those individuals and companies unfamiliar with the geographical layout of the metro Tucson, 

Arizona and Gergia areas and augment real estate listing videos and photographs.

The FAA's decision pertaining to Exemption No. 11138 and No. 11587A

In consideration of the foregoing, I find that a grant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49U.S.C. 106(f), 40113, and 44701, delegated

to me by the Administrator, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty, is granted

an exemption from 14CFR61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a),

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the extent necessary to allow

petitioner to operate an unmanned aircraft systems (UAS) for the purpose of aerial

videography/cinematography and augment real estate listing videos.

CURRENT EXEMPTION PETITION

I, LUTHER ATKINS GILLIAM II, POLICE SERGEANT, submit the following:

Summary of request

I am submitting this petition pursuant to the FAA Modernization and Reform Act of 2012 and
the procedures contained within 14 C.F.R. 11, so that I may operate the DJI PHANTOM 3 

ADVANCED (or similar, should newer, safer and/or more advanced models become available) 

quad-copter unmanned aircraft system (UAS) to conduct aerial photography,

videography and cinematography to enhance academic community awareness for those

individuals and companies unfamiliar with the geographical layout of Maryland (where I reside) 

and surrounding areas and states, and augment real estate listing photos/videos as well as 

photos/videos of other businesses for which UAS aerial photography, videography and 

cinematography would be beneficial.

In reference (a), Exemption No. 11138 (which is essentially identical to my request), an

exemption was approved for an individual with no pilot certificate. I also do not hold a pilot’s 

license, but am currently employed by the Metropolitan Washington Airports Authority (DCA 

and IAD). I currently hold a Secure Identification Area Badge (SIDA) and am required to 

annually complete Movement and Non Movement Area AOA training as terms of my

employment. I have also been actively building and flying Unmanned Aircraft systems (quadcopters and tri-copters)for the past two years and have done so in accordance with all regulations 

without any violations.

I am supporting my request with the following information:

1) This Exemption Request, 2) PHANTOM Flying Flow Chart V1.0 (Simplified Version); 3)

PHANTOM 3 ADVANCED Quick Start Guide, 4) PHANTOM Pilot Training Guide vl.l;

5) PHANTOM 3 ADVANCED User Manual v1.6, 6) Personal protocols and controls.

I request relief from the following regulations:

In the interest of brevity, I have omitted exemption requests which the FAA determined "relief

not necessary" in reference (a), Exemption No. 11138 / Regulatory Docket No. FAA-2014-0481.

Sections 45.23(a)(b), 45.27(a) and 45.29 which pertain to aircraft markings and section 47.15

pertaining to registration. The UA does not have a cabin, cockpit or pilot station on which to

mark certain words or phrases. Further, two-inch lettering would be difficult and unreadable if

placed on such a small aircraft with dimensions smaller than the minimal lettering requirement.

This makes applying for and displaying an N number impractical, especially considering the

design of the UA. Further, in the current NPRM for Small UAS, the "FAA proposes to exempt

small unmanned aircraft which have not previously been registered anywhere from the

regulatory requirements of §47.15, which were designed to apply to large-asset manned aircraft."

Section 91.7(a) which prescribes that no person may operate a civil aircraft unless it is in an

airworthy condition. Hobby grade UAs do not currently require airworthiness certificates. I will,

however, perform a preflight inspection of my UAS before each flight as outlined in the

operating documents and in accordance with manufacturer specifications to comply with 91.7(b).

Section 91.119(b)(c) which prescribes that, except when necessary for takeoff or landing, no

person may operate an aircraft below the following altitudes:

(b) Over any congested area of a city, town, or settlement, or over any open air assembly

of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of
2,000 feet of the aircraft.

(c) Over other than congested areas at 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.

Such restrictions put owners in congested and other than congested areas at a disadvantage by

limiting enhanced marketing of their homes or businesses, thereby discriminating against them.

Vertical takeoff and landing while photographing or making a video recording of a home or

business can allow an enhanced perspective of the structure as well as its proximity of

mountains, golf courses, lakes, or other attractions not possible through ground level

photography or videography. Reasonable and responsible aerial photography/videography in

congested and other than congested areas of subdivisions, neighborhoods and/or businesses can

be safely conducted.

Section 91.121 which requires, in pertinent part, 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." Hobby grade UAs do not have an

altimeter that can be set.

Section 91.151(a)(1) which prescribes that no person may begin a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel

to fly to the first point of intended landing and, assuming normal cruising speed, during the day,

to fly after that for at least 30 minutes. The UAS flights will be conducted line of sight so no

cross country will flown negating the need for fuel reserves.

Section 91.405(a) which requires, in pertinent part, that an aircraft operator or owner shall have

that aircraft inspected as prescribed in subpart E of the same part and shall, between required

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired

as prescribed in part 43 of the chapter.

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

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

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

Section 91.409(a)(1) and (2) which prescribe, in pertinent part, that-

 (1) no person may operate an aircraft unless it has had 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, and

 (2) within the preceding 12 calendar months, it has had an inspection for the issuance of an 

 airworthiness certificate in accordance with part 21 of this chapter.

Section 91.417(a) and (b) which prescribe; in pertinent part, that-

 (a) each registered owner or operator shall keep the following records for the periods
specified in paragraph (b) of this section:

 (1) Records of the maintenance, preventive maintenance, and alteration and records

 of the 100 hour, annual, progressive, and other required or approved inspections,

 as appropriate, for each aircraft (including the airframe) and each engine,

 propeller, rotor, and appliance of an aircraft. The records must include:

 (i) A description (or reference to data acceptable to the

Administrator) of the work performed; and

 (ii) The date of completion of the work performed; and

 (iii) The signature, and certificate number of the person approving the

aircraft for return to service.

 (2) Records containing the following information:

 (i) The total time in service of the airframe, each engine, each propeller, and each

rotor.

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

rotor, and appliance.

 (iii) The time since last overhaul of all items installed on the aircraft which are

required to be overhauled on a specified time basis.

 (iv) The current inspection status of the aircraft, including the time since the last

inspection required by the inspection program under which the aircraft and its appliances are

maintained.

 (v) The current status of applicable airworthiness directives (AD) and safety

directives including, for each, the method of compliance, the AD or safety directive number and

revision date. If the AD or safety directive involves recurring action, the time and date when the

next action is required.

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

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

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

 (1) The records specified in paragraph (a)(1) of this section shall be retained until

the worlc is repeated or superseded by other work or for 1 year after the work is performed.

 (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

 (3) A list of defects furnished to a registered owner or operator under §43.11 of 4

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

to service.

I am requesting an exemption from §§91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and

(b) Maintenance Inspections be granted since they only apply to aircraft with an airworthiness

certificate and not hobby grade UAs. Also, a UAS does not require a certificated A&P or other

maintenance person to perform inspections. I will perform a preflight inspection of my UAS
before each flight as outlined in the operating documents and in accordance with manufacturer

specifications.

Unmanned Aircraft System

I will operate a UAS, the PHANTOM 3 ADVANCED which is comprised of an

unmanned aircraft (hereafter referred to as UA or PHANTOM) and a transportable ground

station. The PHANTOM is referred to as a quad-copter which is a hobby grade radio controlled

(RC) UA that has the capacity for software upgrades and a maximum gross weight of about 3

pounds. It is equipped with four rotors that are driven by electric motors powered by batteries.

The UA has a maximum airspeed of approximately 30 knots. Incorporated into the programming

of the Phantom is an automatic return home feature that automatically directs the UA back to the

point of takeoff should communication with the transmitter be lost. This UA complies with Part

15 of the FCC Rules.

A small, ultra-lightweight camera may be factory installed or a similar camera such as a GoPro

may be attached to the UA that I will operate over various areas in and around Maryland as well 

as other states to enhance academic community awareness and augment real estate listings and

other business and industry photos and videos.

I also propose to abide by and ensure this exemption will provide a level of safety at least equal

to existing rules:

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

power lines, elevated lights and airports (without prior communication with the controlling

authority) and

• I will conduct preflight inspections and protocols as outlined in the operating documents

and in accordance with manufacturer specifications with safety as the primary concern.

UAS Pilot in Command (PIC)

As stated previously I am not a licensed pilot, but am employed by the Metropolitan Washington 

Airports Authority, hold a current SIDA badge, as well as complete annual Movement and Non 

Movement Area AOA training. Regarding UAS operational training, I have been flying and 

building UAS for the past two years and I will have flown numerous practice flights in remote 

areas simulating flights for future photography/videography to gain the necessary familiarization 

with the characteristics of the UAS performance under different wind, temperature and other 

weather conditions.

UAS Operating Parameters

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

 • All operations will be conducted with me as Pilot in Command (PIC).

 • UAS will be operated at an air speed less than or equal to 30 knots in accordance with

procedures specified in the operating documents.

 • Land the UAS prior to the manufacturer's recommended minimum level of battery
power.

 • Operate the UAS only within visual line of sight (VLOS) of myself as PIC.

 • Use the global positioning system (GPS) flight safety feature of the UAS whereby it

hovers and then slowly lands if communication with the Ground Control System is lost.

 • Have in my possession during flights the operating documents and the grant of

exemption and will adhere to the conditions set forth therein.

 • Inspect the UA and Ground Control System prior to each flight to ensure they are in a

condition for safe flight. Should an unsafe condition be noted, the flight will not be conducted

until proper maintenance can be performed and logged.

 • Conduct a functional test flight following any maintenance or alterations that may affect

UAS operations to ensure proper function and make an entry of such in the UAS records.

 • Follow all UAS manufacturer component, maintenance, overhaul, replacement,

inspection and life limit requirements.

 • Carry out UAS maintenance, inspections, and record keeping requirements in

accordance with the operating documents. Maintenance, inspection, alterations and any other

description of work accomplished will be noted in the UAS records prior to returning the UAS to

service.

 • Comply with all safety bulletins.

 • Conduct ongoing training, proficiency and experience-building flights and comply with

the requirement of 3 takeoffs and landings within a 90 day period.

 • Operate the UAS at an altitude less than or equal to 500 feet AGL and not within 50

feet of people on the ground unless those people are inside a building or structure. A sign will be

posted stating "Attention — Aerial Photography in Progress. Remain Back 50 Feet" (This will be

more restrictive than the current NPRM for the Micro UAS Subclassification of UAs up to 4.4

Ibs. which proposes that flying over any person is permitted.)

 • UAS operations will be conducted during the day under Visual Meteorological

Conditions (VMC). No operations will be conducted at night.

 • Flights will be aborted should unpredicted obstacles or emergencies arise.

 • Flights within 5 nautical miles of an airport (where a great deal of real estate and

businesses exist) will only be conducted with prior communication to the appropriate airport

personnel as to location, altitude and duration of the flight.

 • Wind and weather conditions will be considered at the takeoff/landing point prior to

flight.

 • Right of way will be given to all manned air operations at all times.

 • UAS operations will not be conducted from any moving device or vehicle.

 • UAS operations will be conducted by permission of the owner of the land, structure,

vehicle or vessel or their authorized representative. Permission need only be granted once should

repeat flights over the aforementioned land, structure, vehicle or vessel be deemed warranted.

In conclusion

I believe my request for exemption is warranted in this case and respectfully request that it be

granted without termination date for the reasons I have stated above. Aerial photography and

videography operations for private or commercial properties and businesses benefit the public

with enhanced perspectives of characteristics, amenities, and benefits a property has that cannot

be displayed through ground level photography and videography.
Thank you for your time and attention to my request, 

Luther Atkins Gilliam II

1222 Trice Meadows Circle

Denton, MD 21629

Luther.gilliam@mwaa.com

703-965-0302