Date: November 22, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

SE Washington, DC 20590 

RE: Exemption request Pursuant to Section 333 of the FAA Reform Act

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, Flyby Digital Media, operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation 

of its sUASs, 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 333.1 

As described below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) 

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow 

Flyby Digital Media to conduct commercial operations of small unmanned aircraft systems 

(“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set 

forth in Section 333. 

Flyby Digital Media is a media/technology company that plans to utilize Unmanned Aerial Systems to offer a 

multitude of services, including; Event photography and videography, aerial surveying, real estate photography, 

aerial film making and photography, construction site inspection and photography, agriculture uses, and 

educational and research operations.

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) 

states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of 

this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that 

Section 333 provides a mechanism for “expedited operation authorization” if several factors are met. Petitioner 

meets all requirements to permit FAA approval of commercial UAS operations. 

The name and address of the applicant is:

Flyby Digital Media

Attn: Joseph Miller

Phone: 419-265-0296

E-mail: joe@flybydigital.com

Address: 625 Eckel Rd. Perrysburg, OH 43551
Regulations from which the exemption is requested: 

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

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. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417) 

Unmanned Aircraft Systems

sUAVs are viewed by many as having a much smaller environmental impact than other means of aerial 

photography and data collection w.ch promotes public safety. 

We are petitioning for exemption to enable Flyby Digital Media to operate a DJI Phantom 3

Professional. This sUAV has a built in capability to limit the height it flies above the ground, to limit the radius of 

the distance it flies from the operator and to exclude it from restricted airspace and no fly zones. The Phantom 3 

Professional also has a built in failsafe function that will automatically return the aircraft to it’s take-off position 

and land safely, in the event communication is interrupted with the controller. 

Flyby Digital Media will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites 

that are a sufficient distance from populated areas within the sterile area described in the FOPM. Such 

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

public. 

When flying sUAV within 5 miles of an airport, airport operators will be notified and the operator will give the

right of way to avoid flying in the proximity of full-scale aircraft. 

Maximum 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. 

The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and 

not more than 200 feet above an elevated platform from which filming is planned. 

Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. sUAS pilot will be Pilot In

Command (PIC). If the PIC deems another operator to be qualified with the necessary skills to be PIC, that 

person can also be designated as PIC provided they have a minimum of 40 hours flight time with the sUAS. The 

observer designated for any operation will have at least 40 hours of flight experience and observation operating 

the sUAS listed.

The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal). 
The sUAV will operate at speeds of no more than 25 knots, can hover, and can simultaneously move vertically 

and horizontally. 

Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS 

operations adhere to the Reform Act's safety requirements.

The DJI Phantom 3 Professional, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel, it operates at lower altitudes with no people on board and will thereby 

reduce current risk levels and thereby enhance safety and diminish the likelihood of death or serious bodily 

injury. With a small payload and maximum flight time of only 20 minutes, this offers no risk to national security.

Low level photos and videos from several angles are far more effective than ground based imagery for displaying 

the characteristics of large, complex properties with several buildings and large trees. Previous means of aerial 

photography have been achieved by helicopter or airplane, which is much more costly than the new technology 

offered by sUAS’s. The benefits of reduced cost and improved quality of presentation from the UA will be 

valuable to and benefit many buyers and sellers of real property, as well as have economic benefits.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters and police, while remaining subject to all limitations 

cited in this application as we do so. 

- No flight will be made with a Gross weight exceeding 55 pounds; 

- All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at 

an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC; 

- All operations must utilize a visual observer (VO). The VO and PIC must be able 

to communicate by voice at all times during a flight operation; 

- Operations will be restricted to flights over private property with the permission of 

the property owner; 

- All required permits will be obtained from state and local government prior to operation; 

- Flyby Digital Media will not be operate over densely populated areas;

- Flyby Digital Media will not be operating over any open-air assembly of people;

- Flyby Digital Media will not be operating over heavily trafficked roads; 

- Flyby Digital Media will not be operating within 5 NM of an airport or heliport; 

Flyby Digital Media respectfully request exemption under Section 333 to enable us to operate efficient, limited, 

low-risk commercial sUAV operations for the activities stated respecting at all times the space and privacy of 

citizens and property while keeping our skies safe.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Flyby Digital Media requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 
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 and limited operating area 

associated with the aircraft to be utilized by the Applicant, 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 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 UAS. 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. The 

sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil 

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

under the requirements and in compliance with local public safety requirements, to provide security for the area 

of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These 

safety enhancements, which already apply to civil aircraft operated in connection with motion picture and 

television production, provide a greater degree of safety to the public and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to national security posed by the 

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the 

word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We 

propose providing an equivalent level of safety by marking the sUAS on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the sUAS will see the identification of the sUAS as 

“Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions No. 10700, 8738, 

10167 and 10167A.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133. Commercial pilot 

privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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. Our proposed 

operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the 

aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business. 14 CFR 91.7 Prohibits the Operation of an aircraft 

without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and place card requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in 

the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is 

available to the air crew while operating the aircraft. We request an exemption to this requirement since the 

aircraft is not only too small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a 
current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is 

in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; 

Simulated instrument flight and certain flight tests the regulation states that "No person may operate a civil 

aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS 

System ground-based control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this 

technique meets the intent 91.109 and provides an equivalent level of safety. 

91.119 Minimum safe altitudes:

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey 

of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has been obtained and careful 

pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that 

due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned 

aircraft, which should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter 

measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display 

screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-vFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the 

intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is 

battery operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% 

reserve. Since the aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery 

charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned 

to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides 

that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers 

or crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, does not 

have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and 

meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be 

co-located with the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations
The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the 

aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and 

inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical 

connections and updating software and firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety.

Safety and Economic Benefits of the UAS

Flyby Digital Media will be using the UAS to complete tasks that once required significantly larger manned 

aircraft carrying crew and flammable fuel. The benefit of a UAS makes aerial photography and video available to 

small businesses and individuals that were previously unable to afford these services. UAS benefits eliminate 

emissions caused by combustion engines and do not jeopardize safety of passengers or crew.

By granting Flyby Digital Media’s requested exemptions, the FAA will help drive development of safe and 

successful commercial UAS operations and will advance the public knowledge base for such operations. We are 

committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by 

sharing data from its commercial UAS operations and serving as a resource for future UAS research operations. 

Thus, the FAA has good cause to grant this Petition. 

As pointed out in this application, all the SUAs which our company would use, under authorization by the US 

DOT-FAA, are small, light-weight devices operated within the line of sight of the Pilot-in-Command (PIC), less 

than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, spaceport, or 

other location with aviation activities, unless the air traffic control authorities (ATC) have been notified and have 

authorized each flight within a radius of this distance. 

All of our SUAs have proven capability for controlled flight. They are devices offered for general sale on the 

market around the world and have often been used as Model Aircraft in the USA. We are certain that the studies 

conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already provided you with 

the assurances on the airworthiness of SUAs such as ours. 

Sincerely,

Joseph Miller

Flyby Digital Media

www.flybydigital.com

joe@flybydigital.com

phone: 419-265-0296