Epic View Productions

1132 N. Hickory St.

Wahoo, NE 68066

(402) 607-6373

david@epicviewproductions.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Epic View Productions for Grant of Exemption 

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

To whom it may concern:

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

Act) and 14 C.F.R. Part 11,Epic View Productions is respectfully requesting exemption from 

the Federal Aviation Regulations (FARs) identified below, to operate small unmanned aerial 

systems (UAS’S) for the purpose of aerial photography. The media produced by Epic View 

Productions will be used for promotional content, structural inspections, property mapping

and agricultural land observation. 

In addition to this Petition for Exemption, Epic View Productions is also submitting the 

following supporting documents:

• Phantom 3 Professional User Manual (EN) v1.2

• Epic View Productions Operations Manual

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This Petition has been formatted as follows:

I. Background of Epic View Productions and its Owner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV. Epic View Productions Proposed UAS Operations conforms to the Requirements of Section 

333 of the Reform Act

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and 

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions in Epic View 

Production’s Flight Operations Manual.

V. Regulations From Which Exemption Is Sought

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and 

Limitations

D. 91.7(a): Civil Aircraft Airworthiness

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration

F. 91.103: Preflight Action

G. 91.109(a): Flight Instruction

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

I. 91.121: Altimeter Settings

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Public Interest

VII. Privacy

VIII. Federal Register Summary

IX. Conclusion

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I. BACKGROUND & DESCRIPTION OF PETITIONER 

Epic View Productions is a recently formed aerial photography and production company formed 

by David Baxter Jr. Mr. Baxter is a 7.5 year veteran of the United States Navy, where he was an Aircraft 

Electrician with experience on multiple fixed wing and rotary wing platforms. Following his honorable 

discharge from the Navy, he continued working in the aviation maintenance field as a civilian contractor 

for the US Army and US Navy. He is currently an Avionics Line Technician at Duncan Aviation, an

FAA Certified Repair Station (Number: JGVR194F). There, he performs troubleshooting, maintenance 

and certifications of flight instruments and Reduced Vertical Separation Minimum (RVSM) capable Air 

Data systems. 

In respect to his UAS flight experience, David began flying multi-rotor UASs in 2011. Since 

then he has accumulated over 250 hours and over 2100 flights. His aviation maintenance knowledge and

UAS flight time experience are relevant to the safe, commercial operation of UAS’s. He understands the 

rules of the National Airspace, is aware of safety factors relating to aircraft flight/maintenance and is

encompassed in an environment of elevated aviation safety awareness on a daily basis. With his ability 

to train certified pilots on the use of UAS’s, Epic View Productions will have a flight department with 

both well maintained aircraft and a competent flight crew.

The contact information for Mr. Baxter, the Petitioner is as follows: 

David Baxter Jr.

DBA Epic View Productions

1132 N. Hickory St.

Wahoo, NE 68066

(808)234-9537

david@epicviewproductions.com

II. DESCRIPTION OF PROPOSED OPERATION 

Epic View Productions seeks an exemption pursuant to Section 333 of the Reform Act to use a 

DJI Phantom 3 for its source of aerial photography. This model of multi-rotor UAV has already been 

approved for commercial use in other Grants of Exemption for similar purposes. These Grants of 

Exemption for use of the DJI Phantom 3 include: 

• Exemption No. 19976, Frank C D’Amato of DroneShutter. (See Docket No. FAA2015-0977) 

• Exemption No. 11972, Dave Latner of Aerial Imaging Productions. (See Docket No. 

FAA-2015-0512)

• Exemption No. 11930, Anthony Sydor of Sydor Aerial Photography, LLC. (See Docket 

No. FAA-2015-0585)

The low-risk UAV operations proposed by Epic View Photography in this Petition for Exemption fall 

within the category of aerial data collection that has been subject to previous approval.

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III. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. 

Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems 

into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is 

to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the 

following considerations: 

• The UAS’s size, weight, speed and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

U.S. Department of Transportation May 11, 2015 Page 5 

• Operation of the UAS within the visual line of sight of the operator. 

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency’s safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 

49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A 

party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public 

as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least 

equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. EPIC VIEW PRODUCTION’S PROPOSED UAS OPERATIONS MEET THE 

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT 

Epic View Production’s proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act, as each of the statutory criteria and relevant factors 

are satisfied. 

A. Approval is Warranted Based on the UAS’s Size, Weight, Speed, and 

Operational Capability 

The FAA has already determined that the UAS that is to be operated by Epic View Productions

meets the requirements of Section 333 of the Reform Act: The DJI Phantom 3.

DJI Phantom 3 is a battery operated quadcopter with an operating weight of 2.82 lbs (including 

battery and payload). The DJI Phantom 3 measures 35.8 inches in diameter and has a maximum 

operating ground speed of 35.8 mph. The UAS uses two separate radio links for command control uplink, both are on the 2.4 GHz frequency. 

The FAA has found the following characteristics of the DJI Phantom 3 to warrant approval for a grant of 

exemption in previous petitions: 

• The DJI Phantom 3 has the capability to operate safely after experiencing certain in-flight 

contingencies or failures and use an auto-pilot system to maintain UAS stability and control. 

This UAS is also able to respond to a loss of GPS or a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. These safety features provide an equivalent level of 

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safety compared to a manned aircraft performing a similar operation and mitigate the risk of 

command and control link failures. 

• Altitude information will be generated by equipment onboard the UAS as specified using GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination 

thereof. This information will be transmitted to the pilot via telemetric data feed. 

• The radio frequencies used for operations and control of the UAS comply with the Federal 

Communications Commission (“FCC”) and other appropriate government oversight agency 

requirements. The DJI Phantom 3 operates within the 2.4 GHz frequency band. 

B. Approval is Warranted Based on the Operational Restrictions in Epic View 

Production’s Operating Documents 

Epic View Production’s Flight Operations Manual contains all the procedures and limitations 

necessary to safely and successfully perform the proposed operations. Epic View Productions has 

tailored its operating documents to comply with the conditions and limitations imposed on similarly 

situated petitioners seeking to use small UAS for aerial data collection. Below is a summary of 

operational limitations and conditions to which Epic View Productions will abide by, and which will 

ensure an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines: 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this exemption. 

2 Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption 

holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 

knot speed restriction. In no case will the UAS be operated at airspeeds greater than the 

maximum UAS operating airspeed recommended by the aircraft manufacturer. 

4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the Pilot in Command (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 FAA-issued airman medical certificate or U.S. 

driver’s license. 

6. All operations must utilize a visual observer (VO). The UAS must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. 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. Electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

 

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

functional test flight prior to conducting further operations under this exemption. Functional test 

flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other 

people. The functional test flight must be conducted in such a manner so as to not pose an undue 

hazard to persons and property. 

8. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. 

9. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection must account for all potential discrepancies, 

e.g. inoperable components, items, or equipment. 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. 

10. The operator must follow the UAS manufacturer’s maintenance; overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

11. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

12. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, 

a territory, a possession, or the Federal government. 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. 

13. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a 

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s 

PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability 

to safely operate the UAS in a manner consistent with how the UAS will be operated under this 

exemption are permitted under the terms of this exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are nonparticipants, and 

the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119. 

14. 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. 

15. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted 

in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the 

center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a 

letter of agreement with that airport’s management is obtained or otherwise permitted by a COA 

issued to the exemption holder. The letter of agreement with the airport management must be 

made available to the Administrator or any law enforcement official upon request. 

Page 6 of 14
16. The UAS 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. 

17. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private or controlled-access property. 

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

19. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the UAS to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater. 

20. Documents used by the operator to ensure the safe operation and flight of the UAS and any 

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. 

21. The UAS must remain clear and give way to all manned aviation operations and activities at all 

times. Any manned aircraft within the vicinity of UAS operations is grounds for aborting the 

UAS flight.

22. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UAS and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UAS, 

flight operations must cease immediately in a manner ensuring the safety of 

nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk 

of operating closer to those objects and determined that it does not present an undue 

hazard. The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

23. All operations shall be conducted over private or controlled-access property with permission 

from the property owner/controller or authorized representative. Permission from property 

owner/controller or authorized representative will be obtained for each flight to be conducted.

24. 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.

Page 7 of 14
V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 

of the Act, including UAS, from its safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant 

of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and 

Sections 44702 - 44716).

Epic View Productions seeks an exemption from several provisions of 14 C.F.R. Parts 45, 61 

and 91 for purposes of conducting the requested operations using small UAS. Listed below are the 

specific sections of 14 C.F.R. for which exemption is sought, and the operating procedures and 

safeguards that Petitioner has established which will ensure a level of safety better than or equal to the 

rules from which exemption is sought.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements 

Epic View Productions seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

• 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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,” “light-sport, “experimental,” or 

“provisional,” as applicable.

• 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on 

that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act (FAA Docket No. FAA2014-0352) the FAA determined that exemption from these requirements was warranted provided that 

the aircraft “have identification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if 

the markings are as large as practicable.” 

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Epic View Productions seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. An 

exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with 

an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

Page 8 of 14
An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with Epic View Productions Flight Operations Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by the operating documents, the PIC will 

conduct a pre-flight inspection of the UAS and all associated equipment to account for all discrepancies 

and/or inoperable components. Maintenance will be performed and verified to address any conditions 

potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight 

critical components of the UAS have been found to be airworthy and in a condition safe for operation. A 

functional test flight will be conducted following the replacement of any flight-critical components. As 

required by the operating documents, the PIC who conducts the functional test flight will make an entry 

in the UAS aircraft records of the flight.

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and Limitations

Epic View Productions seeks exemption from 14 CFR § 61.113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches 

the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is 

carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a 

commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial, the FAA determined that the unique 

characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and 

restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a 

commercial pilot would not lead to any additional safety benefits when UAS operations are involved. 

Additionally, in Docket No. FAA-2014-0642, the FAA determined that holders of recreational and sport 

pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. These individuals 

would also be subject to security screening by the Department of Homeland Security (DHS), the FAA 

determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC 

for UAS operations.

The restrictions Epic View Productions has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on other operators in more recently granted exemptions under Section 333 

of the FAA Reform Act. Epic View Productions will operate away from persons and property that is not 

the subject matter of the flight. Epic View Productions will also require all PICs to be thoroughly trained 

in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience 

not only in UAS operations generally but have logged flight time in the specific make and model used 

for the operations before they are permitted to participate in commercial flights. The pilot qualification, 

training, and currency requirements in the operating documents ensure that the pilots flying for Epic 

View Productions are competent and proficient in the UAS they are operating. The Petitioner’s training 

and qualification requirements are consistent with those contained in prior FAA-issued grants of 

exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at 

least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Since there will be no airworthiness certificate issued for the UAS, Epic View Productions seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition 

to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has 

determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy 

condition prior to flight. The operating documents contain procedures which allow the PIC to determine 

Page 9 of 14
whether the aircraft is in a condition safe for flight and an exemption from § 91.7(a) is therefore 

warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying 

Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft –

2) For which an Airplane or Rotorcraft Flight Manual is 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. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

(1) 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.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness 

documents and other aircraft manuals on board the UAS because there is simply no room and the UAS 

has no cabin or cockpit.

F. 91.103: Preflight Action

Epic View Productions seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all information 

necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved 

Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an 

airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any 

defects or inoperable components, which cover pre-flight, take-off, landing and post-flight procedures. 

The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff 

distance, UA performance data, and contingency landing areas—before initiation of flight. Petitioner’s 

operating documents will be kept at the ground control station and will be accessible to the PIC at all 

times while operating the UAS.

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G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that 

“No person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.” UAS and remotely piloted aircraft, by 

their design, do not have functional dual controls. Instead, flight control is accomplished through the use 

of a device that communicates with the aircraft via radio communications. Accordingly, an exemption 

will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe 

training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, 

and as required by the operating documents, all persons will be a safe distance away in the event that the 

UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted 

in controlled and sterile environment. As a whole, the procedures provided for in the operating 

documents ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

Epic View Productions requests an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119(c).15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure 

in non-congested areas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to occur 

below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or 

Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with 

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of 

flammable fuel with the UAS, any risk associated with these operations is far less than those that 

presently exist with conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as 

well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating 

documents, the UAS will be operated in a controlled environment, and all flights will occur at a lateral 

distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or 

she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in 

place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of 

the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless the property owner/controller has granted permission and the PIC has made 

a safety assessment of the risk of operating closer to those objects, and operations near the PIC or 

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Epic View

Production’s operating documents will ensure the proposed operations can be conducted without 

compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for Epic View Productions to conduct the proposed operations, 

Petitioner requests an exemption from 14 C.F.R. § 91.121, which 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.

Page 11 of 14
The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 

can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) 

within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a 

ground-based on-screen display and, (4) where prior to each flight, a zero altitude initiation point is 

established for the PIC to confirm accuracy of the onboard GPS. (Grant of Exemption No. 11062 (FAA2014-0352 at pg. 21). 

The UAS that Petitioner intends to use for performing the proposed operations meet all these 

operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft’s 

GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this 

Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the operating 

documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the 

requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

Epic View Productions requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements 

for flight in VFR conditions. Section 91.151 states:

(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 –

(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.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the 

fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in 

daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption. In 

Exemption No. 11213 to Aeryon Labs, Inc., the FAA determined that a requirement prohibiting the PIC 

from beginning a UAS flight unless (considering wind and forecast weather conditions) there was 

enough available power for UAS to operate for the intended operational time and to operate after that for 

at least five minutes or with the reserve power recommended by the manufacturer if greater, would 

ensure an equivalent level of safety to the fuel requirements of § 91.151(a). Petitioner’s operating 

documents impose this same requirement and an exemption from § 91.151(a)’s fuel requirements for 

flight in VFR conditions is therefore appropriate.

VI. PUBLIC INTEREST 

The public interest will be served by granting Epic View Productions’ Petition for Exemption. 

Congress has established a national policy that favors early integration of UAS into the NAS in 

controlled, safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act—the 

FAA Administrator’s assessment of whether certain UAS may operate safely in the NAS before 

completion of the statutorily required rulemaking. 

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More importantly however, and as recognized by the FAA in prior grants of exemption allowing 

commercial operation of UAS for purposes similar to those described herein, granting the requested 

exemptions will significantly improve safety and reduce risk by alleviating the public’s exposure to 

danger and emissions associated with using manned aircraft to perform equivalent aerial data collection. 

Petitioner’s UAS are battery powered and create no emissions. Moreover, in the unlikely event that one 

of Petitioner’s UAS crash, there is no fuel to ignite and explode. Any accident involving Petitioner’s 

lightweight UAS will present significantly less danger to the pilot and other individuals on the ground 

than one involving a full size aircraft.

Beyond increased levels of safety, the public stands to benefit from the services provided by 

Epic View Productions. Our services will offer a unique, safe, low cost method of obtaining an aerial 

perspective of customer’s property, whether it be real-estate, agricultural land monitoring or a view they 

wish to provide their customers via a promotional video. Like the technologies that came before it, 

UAS offer an alternative means to gather aerial photographs and data in situations where it would be too 

unsafe or cost prohibitive to fly a conventional helicopter. The public as a whole will benefit from the 

new prospective we can produce with our UASs.

VII. PRIVACY 

Maintaining an ethical balance between citizens’ right to a private life and the right to freedom 

of expression is an essential component of Epic View Production’s operating procedures and 

commitment to responsible operations. All UAS operations under the exemption will be conducted in 

accordance with applicable federal, state, or local laws regarding privacy. As with any photography that 

is performed at altitude above the general public, it is nearly impossible to notify every person that is 

photographed. Epic View Productions will take great care in protecting the privacy of those not 

involved with the service they have been hired to achieve.

VIII. FEDERAL REGISTER SUMMARY 

The following summary is provided pursuant to 14 C.F.R. Part 11: 

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal 

Regulations: 45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 

91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 

91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property owners 

from the substantial hazards associated with using conventional fixed-wing aircraft or, rotorcraft for 

aerial data collection in support of customers’ requests.

IX. CONCLUSION 

Epic View Production’s Petition for Exemption satisfies the criteria articulated in Section 333 of 

the Reform Act of 2012, including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed operations in this Petition 

for Exemption are similar to those in previously issued grants of exemptions, and they would benefit the 

public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption 

provides the FAA with all the necessary justification for issuance of a Grant of Exemption allowing Epic 

View Productions to use small UAS for aerial data collection in support its aerial photography services 

offered.

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Thank you for your consideration of our requested exemptions. Should you have any questions, 

or if you need additional information to support the requested exemptions, please do not hesitate to 

contact the undersigned.

Sincerely,

David A. Baxter Jr.

Owner, Epic View Productions

Attachments:

• Phantom 3 Professional User Manual (EN) v1.2

• Epic View Productions Flight Operations Manual

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