Table of Contents 

APPLICATION FOR CERTIFICATE OF AUTHORIZATION 

I. The Unmanned Aircraft (“UAV”): .................................................................................................. i

A. UAV Model #1 .................................................................................................................................... i

B. UAV Model #2 ................................................................................................................................... ii

C. UAV Model #3 .................................................................................................................................. iii

D. UAV Model #4 .................................................................................................................................. iii

E. UAV Model #5 .................................................................................................................................. iv

F. UAV Model #6 ................................................................................................................................... v

G. UAV Model #7 .................................................................................................................................. vi

H. UAV Model #8 .................................................................................................................................. vi

II. Proposed Commercial Use of UAV ............................................................................................... vii

III. Additional Precautions For Closed Set Filming Are Listed in Attached MPTOM (Exhibit 1)

 ......................................................................................................................................................... viii

IV. Safety is Increased and Danger Reduced by the Proposed UAV Usage ..................................... ix

V. The Applicant will Follow Restrictions Dictated by N 8900.227 ................................................. ix

VI. Application Summary ....................................................................................................................... x

Addendum 

I. Introduction to Petitioner ................................................................................................................ 1

II. Relevant Authority Related to Petitioner’s Certificate of Authorization .................................... 1

III. Qualification for Approval Under Section 333 of the Reform Act ............................................... 2

A. The Petitioner’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public 

Because of the Reduced Size, Weight, Speed and Operational Capability of the UAV. ............................ 2

B. The Petitioner’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public 

because the Operation of the UAV will be conducted in Controlled or Sterile Locations, Away from Airports 

and in Unpopulated Areas. .......................................................................................................................... 3

C. The Petitioner’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public 

because Operation of UAVs will be conducted within VLOS of the PIC or VO at all 

Times ......................................................................................................................................................... 3

D. The UAV will remain below 400 AGL at all times during the operation. ........................................... 4

IV. Regulations From Which Exemption Is Requested ....................................................................... 4

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. §91.203(a)(1). .................. 5

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. ....................................... 6
C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). .... 6

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. ........... 7

E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft................................................. 9

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. ............................................................................. 9

G. 14 C.F.R. § 91.103: Preflight Action. ............................................................................................... 10

H. 14 C.F.R. § 91.109(a): Flight Instruction.......................................................................................... 10

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes. ................................................................................. 11

J. 14 C.F.R. § 91.121: Altimeter Settings. ............................................................................................ 12

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. ....................................... 12

L. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft Certification and Registration. ............ 13

M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1); 91.409(a)(1); 91.417(a) and (b): Maintenance 

Inspections ................................................................................................................................................ 14

V. Public Interest ................................................................................................................................. 15

VI. Privacy ............................................................................................................................................. 16

VII. Federal Register Summary ............................................................................................................ 16

VIII. Conclusion ....................................................................................................................................... 17

See also Exhibit 1 
i

August 5, 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

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

Aviation Regulations 

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, JMedia LLC seeks an exemption from Federal Aviation Regulations 

(“FARs”) detailed below for the following described Unmanned Aerial System, which includes 

an Unmanned Aircraft (UAV) and ground station-based equipment and crew:

I. THE UNMANNED AIRCRAFT (“UAV”):

A. UAV Model #1 

 A lightweight (3.5 lb. gross weight with all on-board equipment), battery 

operated 4-motor rotorcraft in the form of a quadcopter that takes off and 

lands vertically. Manufactured by DJI, Model - Phantom 2

THE UAV

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

THE GROUND STATION BASED PART OF THE SYSTEM 
ii

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A Handheld 100 mW, 5.8 GHZ raadio transmitter/controller operated by the PIC 

to control the UAV while in flight; 

 A 20 dBm Range Extender operating at 2.4 MHz. 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

B. UAV MODEL #2

 A lightweight UAV (7.5 lb. gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by DJI, Model – Inspire 1

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A 20 dBm Ranger Extender operating at 2412MHZ – 2462 MHZ

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 
iii

C. UAV MODEL #3

 A lightweight UAV (4.5 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by DJI, Model – Phantom 3

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

D. UAV MODEL #4

 A lightweight UAV (4.5 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by 3DR, Model – Solo

THE UAV SUMMARY
iv

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

E. UAV MODEL #5

 A lightweight UAV (3.6 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by 3DR, Model – Iris

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 
v

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

F. UAV MODEL #6

 A lightweight UAV (3.0 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by Walkera, Model – X350 Pro

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 
vi

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

G. UAV MODEL #7

 A lightweight UAV (8.8 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by Walkera, Model – Voyager 3

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

H. UAV MODEL #8
vii

 A lightweight UAV (1.2 pound gross weight with all on-board equipment), 

battery operated 4-motor rotorcraft in the form of a quadcopter that takes off 

and lands vertically. Manufactured by Syma, Model – X8C

THE UAV SUMMARY

 An on-board flight computer with GPS navigation and location ability that 

receives signals for flight controls from a ground-based transmitter/controller; 

 An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

 An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal 

and vertical speed, compass direction of flight and direction back to its launch 

site; 

 Various safety systems including return to launch point in case of 

communication or mechanical failure. 

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM 

 A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAV while in the air; 

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control 

the UAV while in flight; 

 A radio receiver receiving live video and flight data from the on-board camera 

1and computer projects it all together onto a screen for the PIC to view during 

flight; 

 A Visual Observer (VO) is a person who provides a second pair of eyes to 

visually track the UAV while in flight. 

II. PROPOSED COMMERCIAL USE OF UAV

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the above described UAV to support the following: 

 Closed Set Filming 

 Aerial videography of real estate 

 Aerial videography for advertising, media and film 
viii

 Structural inspection 

 Industrial and construction site survey, photography and videography 

 Architectural survey, photography and videography 

 Agricultural survey, photography and videography 

 Search and rescue 

 UAS Training of PIC for both commercial and civil applications 

 Insurance adjusting and inspections 

 Film set evaluation 

 Documentary filming 

 Historic documentation

 Testing of UAV hardware and software 

 Creation of UAV Manuals for flight, maintenance and/or safety 

III. ADDITIONAL PRECAUTIONS FOR CLOSED SET FILMING ARE LISTED IN THE 

ATTACHED MPTOM (EXHIBIT 1)

For all of the reasons listed in the Application and enumerated in the attached documents, an 

exemption for Closed Set Filming is also in the public interest, within the FAA’s authority, and not 

a danger to the NAS. The safety precautions and procedures mandated and followed by JMedia 

LLC to create an equivalent level of safety are enumerated in the attached confidential document, 

Johnsen Motion Picture and Television Operating Manual (“MPTOM”).1 

The Motion Picture Association of America and FAA has reviewed and approved other MPTOMs 

substantially similar to this manual and found them to be acceptable for closed set UAS filming 

operations for the television and movie industry. 

 
ix

IV. SAFETY IS INCREASED AND DANGER REDUCED BY THE PROPOSED UAV USAGE

Generally, UAVs are safer than full-scale aircraft because UAVs are powered by batteries, are 

smaller, lighter and more maneuverable than larger aircraft running on combustible fuel. 

Additionally, UAVs operate at lower altitudes with no people on board and will thereby reduce 

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

injury. With a small payload, flights below 400 feet AGL, and a maximum flight time of only 45 

minutes, UAVs offer little or no risk to national security, the public, air safety or communication. 

The proposed specific UAV uses to conduct inspection, filming and videography will reduce hazards 

and costs. The UAV’s are effective and preferable tools for the type of photography proposed by 

Petitioner. Low level, aerial, oblique photos and video from several angles are far more effective 

than ground-based imagery for displaying the characteristics of large, complex properties, 

commercial properties, construction sites, structures and land parcels. Companies in the past 

have chartered 2-seat full-sized helicopters or small piloted aircraft for this purpose, which has 

proven to be both costly and dangerous. The benefits of reduced cost and improved quality of 

presentation and safety from the UAV will be valuable to and benefit the Petitioner and the 

consumer public. 

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

when practicable who might require assistance, including fire fighters, the police, the sheriff, et 

al., while remaining subject to all limitations cited in this application as we do so. 

V. THE APPLICANT WILL FOLLOW RESTRICTIONS DICTATED BY N 8900.227 

The UAV will be operated with both a PIC and a VO in accordance with FAA Policy N 

8900.227 "Operational Requirements for UAV" and with the following Restrictions: 

(a) No flight shall be made with a UAV Gross weight exceeding 50 pounds; 

(b) All operations shall occur in FAA Class G airspace at no more than 400 feet AGL, at an 

airspeed of no more than 25 knots and no further than 3/4 Nautical Miles (NM) from the 

PIC; 

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

communicate by voice at all times during a flight operation; 

(d) Flights over private property shall obtain the permission of the property owner prior to 

commencement of site inspection, videography etc. 

(e) The PICs must have a private pilot’s license or a commercial pilot’s license, and at 

minimum, a Class III medical certificate. PICs must have accumulated and logged, in a 

manner consistent with 14 CFR §61.51 (b), a minimum of 100 flight cycles and 25 hours 
x

of total time as a UAV rotorcraft pilot and at least ten hours logged as a UAV pilot with a 

similar UAV type; 

(f) All required permits will be obtained from state and local government prior to operation; 

(g) The UAV will not be operated over densely populated areas or at air shows; 

(h) The UAV shall be observable by the PIC or VO at all times without any visual aids other 

than prescription glasses or contact lenses 

(i) The UAV will not be operated over any open-air assembly of people; 

(j) The UAV will not be operated over heavily trafficked roads; 

(k) The UAV will be operated below 200 feet AGL when 5 nautical miles or less from an 

airport or heliport; 

(l) The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

(m) No flight may be made without a Pre-Flight Inspection by the PIC before each 

 operation to ascertain that the UAV is in a condition safe for flight. 

VI. APPLICATION SUMMARY

The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 §16 Personnel 

Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will 

complete a course of maintenance instruction as part of their initial training.

Petitioner submits that the combination of the UAV's light weight, flight performance and ability, 

fully qualified flight crew and strict operation under the guidelines established in N 8900.227, 

and under all of the Restrictions (a) through (o) listed above, the FAA can have full confidence 

that the operation will have an equivalent or greater level of safety than manned aircraft 

performing the same mission. 

The name and contact information of the applicant: 

Please Contact Attorney For Applicant: 

Joshua Furnald, Esq. 

2150 East Washington 

Madison, Wisconsin 53704 

Telephone -(608) 347-3471 

Email – josh.furnald@gmail.com 

Applicant: 

JMedia LLC 

402 Broadway St. 

Baraboo, WI 53913 
xi

The regulations from which the exemption is requested are listed below. Beside each regulation 

number is the page of the attached Addendum upon which each may be found together with our 

proposed equivalent level of safety for each regulation: 

- 14 CFR Part 21.........................................................................Addendum Page 4 

- 14 CFR 91.203..................................................................................Addendum Page 12 

- 14 CFR 45.23, 45.27...................................................................Addendum Page 6 

- 14 CFR 91.9.......................................................................................Addendum Page 8 

- 14 CFR 61.113....................................................................................Addendum Page 7 

- 14 CFR 91.109, 91.119,...................................................................Addendum Page 10 

- 14 CFR 91.121.......................................................................Addendum Page 11 

- 14 CFR 91.151....................................................................................Addendum Page 11 

- 14 CFR Subpart E (91.401 - 91.417) ...............................................Addendum Page 13 

- FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) ....See Above, Section IV 

This COA follows all precedent established by the FAA and breaks no new legal ground. This 

COA is in accordance with protocols outlined in this petition for exemption, the enclosed 

manuals for respective UAVs (“Aircraft Operations Manual”), and any other requirements 

established by the FAA pursuant to Section 333 of the Reform Act. 

The Petitioner is prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional information or 

clarification. We look forward to working with your office.

Sincerely, 

Joshua Furnald, Esq. 
1

Addendum 

JMedia LLC. requests an exemption from the aforementioned regulations as well

as any additional regulations that may technically apply to the operation of the UAV. 

I. INTRODUCTION TO PETITIONER

JMedia LLC combines the pursuits of aviation and photography of its President, Mr. 

William S. Johnsen. Mr. Johnsen is a commercial pilot, professional photographer and 

UAV enthusiast. 

This COA will allow Mr. Johnsen’s company, JMedia LLC, to safely and efficiently 

create a business of both aviation and photography though the use of UAV’s, as 

intended by Congress. 

II. RELEVANT AUTHORITY RELATED TO PETITIONER’S CERTIFICATE OF 

AUTHORIZATION

This petition for exemption is submitted to advance Congress’ goal of 

integrating UAV safely into the National Airspace System (“NAS”). In the Reform 

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

unmanned aircraft systems in the national airspace system,” and, under Section 333 of 

that law, directed the Secretary of Transportation (“FAA Administrator”) to

consider whether certain unmanned aircraft systems may operate safely in the NAS 

before completion of the rule making required under Section 332 of the Reform Act.2

In making this determination, the FAA Administrator is required to determine 

which types of UAV do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: 

• The UAV size, weight, speed, and operational capability;

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

and

• Operation of the UAV within visual line-of-sight of the operator.3

 

2

 Reform Act, Supra Note 1 

3

Id. at § 333(b)(1). 
2

If the Secretary determines that such vehicles “may operate safely in the 

National Airspace System, the Secretary shall establish requirements for the safe

operation of such aircraft in the National Airspace System.”

4

The FAA Administrator has general authority to grant exemptions from

FAA safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest.

5 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.6 Therefore, the Petitioner will demonstrate how the 

proposed UAV infrastructure inspection will benefit the public and that the proposed

operation will not adversely affect safety of the public and to those operating in the 

NAS. 

III. QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM 

ACT

A. The Petitioner’s Proposed Usage Does not Create a Hazard to Users 

of the NAS or the Public Because of the Reduced Size, Weight, Speed and 

Operational Capability of the UAV.

The proposed operations in this petition for exemption qualify for expedited 

approval under Section 333 of the Reform Act. Each of the statutory criteria and 

other potentially relevant factors are satisfied. 

The proposed operations would permit use of small and relatively inexpensive 

UAVs under controlled conditions in airspace that is: (1) limited; (2) predetermined; 

(3) controlled as to access, and; (4) would pose an increased level of safety beyond 

what exists when the proposed services are completed by manned, full size 

aircraft or physical accessing and/or climbing the Communication Facilities, 

construction sites or buildings. 

 

4

Id. § 333(c)(emphasis added). 

5

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations 

prescribed purUAnt to section 44701 (a) - (b) and sections 44702-44716). 

6

See 14 C.F.R. § 11.81; FAA, Petition for Exemptions 
3

Petitioner’s UAVs weigh less than 50 pounds (including payload). Petitioner’s 

UAV’s operate at a speed of no more than 25 knots and have the capability to hover 

and move in vertical and horizontal planes simultaneously. 

Such operations will insure that the UAV will “not create a hazard to users of 

the National Airspace System or the public” given the small size of the UAV involved 

and the restricted environment within which it will operate. This petition for 

exemption falls squarely within that zone of safety in which Congress envisioned that 

the FAA must, by exemption, allow commercial operations of UAV to commence 

immediately. 

B. The Petitioner’s Proposed Usage Does not Create a Hazard to Users 

of the NAS or the Public because the Operation of the UAV will be 

conducted in Controlled or Sterile Locations, Away from Airports and in 

Unpopulated Areas. 

The Petitioner’s proposed usage does not create a hazard to users of the NAS or 

the public because the UAV’s shall be flown on Private Property after permission is 

secured from the Landlord or Agent. All concerned parties will be given notice prior 

to the operations. 

C. The Petitioner’s Proposed Usage Does not Create a Hazard to 

Users of the NAS or the Public because Operation of UAVs will 

be conducted within VLOS of the PIC or VO at all Times 

Petitioner’s UAV will operate in line-of-sight and only in an area described 

here and in Exhibits 1. Petitioner shall not utilize visual aids other than 

prescribed glasses or contact lenses. Petitioner shall always: 

 Determine the UAV’s proximity to all aviation activities (and other hazards) 

and

 Exercise effective control of the UAV and 

 Comply with §§ 91.111, 91.113., 91.115, and 

 Prevent the UAV’s from creating a collision hazard and 

 VO will inform the PIC when losing sufficient visual contact with the UAV. 
4

D. The UAV will remain below 400 AGL at all times during the 

operation. 

The Petitioner’s UAV will not fly above 400 AGL at any time. The 

Petitioner will launch, operate and recover the UAV from the ground level. 

Petitioner will not launch, operate or recover the UAV from a structure or building. 

The inspection method that Petitioner will utilize will not require the UAV to pass

above 400 feet AGL to successfully complete a n y inspection. Therefore,

P etitioner’s proposed usage will not pose a hazard to the NAS because the UAV will 

not operate above 400AGL at any time during the duration of the flight. 

Given the foregoing, the Petitioner’s proposed usage does not pose a hazard to 

the NAS or to the public. Considering the clear statutory language in Section 333 

of the Reform Act, the authority contained in the Federal Aviation Act, as amended,

the equivalent level of safety to the public and to the men and women conducting 

infrastructure inspections, and the reduction in environmental effects, the grant of the 

requested exemptions is in the public interest. Accordingly, Petitioner respectfully 

requests that the FAA grant the requested exemption without delay. 

IV. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

The Federal Aviation Act expressly grants the FAA Administrator the 

authority to issue exemptions. By its terms, this statutory authority includes 

exempting civil aircraft, as the term is defined under the Act, including UAV, from 

its safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest.

7

Petitioner asks an exemption from several interrelated provisions of 14 C.F.R.

Parts 21, 45 and 91 for purposes of conducting aerial surveys and inspections using 

UAV. Listed below are: (1) the specific sections of 14 C.F.R. for which

exemption is sought; and (2) the operating procedures and safeguards that Petitioner 

 

7

See 49 U.S.C. § 44701(f) authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to §§ 44710(a) and (b), §§ 44702 – 44716. 
5

has established which will ensure a level of safety equal to or better than the rules from 

which exemption is sought.8

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 

C.F.R. §91.203(a)(1). 

The Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which

establishes the procedural requirements for the issuance of airworthiness certificates 

as required by 14 C.F.R§ 91.203(a)(1). Given the size and limited operating area 

associated with the UAV to be utilized by the Petitioner, 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 Act9 and Section 333 of the Reform Act10 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 UAV. In all cases, an

analysis of these criteria demonstrates that the UAV 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 rotorcraft

operating with an airworthiness certificate without the restrictions and conditions of 

the proposed UAV operations. 

Equivalent Level of Safety

The UAV to be operated hereunder is less than 50 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a secured area as set out in the Manual. Unlike other 

civil aircraft, the proposed operations in this petition for exemption will be controlled 

and monitored by the operator, pursuant to the Manual's requirements. Moreover, the 

FAA will have advance notice of all operations conducted under this exemption.

 

8

See 14 C.F.R. § 11.81(e) which requires a petition for exemption to include: “the reasons why granting 

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 exemption.” 

9

See 49 U.S.C. § 44701(f).

10 See Reform Act, Supra note 1 
6

These safety enhancements, which already apply to civil aircraft operated in

connection with existing inspection operations, 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 UAV, 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. 

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category 

Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness

certification of normal category rotorcraft. To the extent the Petitioner's UAV 

would otherwise require certification under Part 27, as a rotorcraft, Petitioner 

requests an exemption from Part 27’s airworthiness standards for the same reasons 

identified in the exemption request from 14 C.F.R. Part 21, Subpart H. 

C. Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 

91.9(c), 45.23(b) and 45.27(a). 

This petition seeks an exemption from the aircraft marking and identification 

requirements of 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.11

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," 

 

11 14 C.F.R. § 91.9(c). 
7

"restricted," "light-sport," "experimental," or "provisional," as 

applicable.12

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 §45.23.13

Exemption from § 45.23(b) is warranted because the UAV has no entrance to

the cabin, cockpit, or pilot station on which the registration number can be placed. 

Moreover, given the size of the UAV, two-inch lettering would be impossible. 

Given the nature of the specific relief sought by this exemption request, 

Petitioner requires relief from the associated marking and identification requirements 

of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b). 

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and 

identification requirements of §§ 91.9(c), 45.23(b), and 45.27(a), will be provided by 

having the UAV marked on its fuselage as required by § 45.29(f) where the pilot, 

observer, and others working with the UAV will see the identification of the UAV as 

"Experimental." Additionally, Petitioner will ensure compliance with any requests of 

UAV marking by the FAA. 

The FAA has issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A. 

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and 

Limitations: Pilot in Command. 

This petition seeks an exemption from the private pilot privileges and 

limitations of §§ 61.113 (a) and (b), which states:

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

person who holds a private pilot certificate may act as pilot in 

command of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act 

as pilot in command of an aircraft. 

 

12 14 C.F.R. § 45.23(b). 

13 14 C.F.R. § 45.27(a). 
8

(b) A private pilot may, for compensation or hire, act as pilot in 

command of an aircraft in connection with any business or 

employment if: 

(1) The flight is only incidental to that business or employment; 

and

(2) The aircraft does not carry passengers or property for 

compensation or hire.14

14 C.F.R. § 61.113(a) limits private pilots to being in command of noncommercial flights. 

14 C.F.R. § 61.113(b)(1) provides an exception that allows a private pilot to command 

an aircraft without passengers or property, in connection with business or employment 

if "[t]the flight is only incidental to that business or employment."15

 The stated

exception likely does not apply to the proposed operations under this petition for 

exemption, as the flights are not incidental to the proposed aerial surveys and 

inspections but rather essential to it. Accordingly, the Petitioner seeks an exemption to

14 C.F.R. § 61.113(a)'s commercial limitation and/or 14 C.F.R. § 61.113(b)(1)'s 

requirement that the flight be incidental to the business to benefit from the exception. 

Equivalent Level of Safety

As required by the Manual, Petitioner's UAV operators acting as PIC will hold 

a commercial and/or private pilot certification and have rotorcraft experience.

Because the UAV will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety to 14 C.F.R. §§ 61.113 (a) and (b). 

Unlike a conventional aircraft that carries the pilot and passengers, the UAV

is remotely controlled with no passengers on board. Moreover, the area of operation is 

controlled and restricted, and all flights are planned, coordinated, and briefed to the 

appropriate official in advance.

Petitioner can achieve an equivalent level of safety as achieved by current 

Regulations because the UAV does not carry any pilots or passengers. Further, while 

helpful, a pilot license will not ensure remote control piloting skills, though

 

14 14 C.F.R. § 61.113 (a) and (b). 

15 14 C.F.R. §61.113 (b)(1) 
9

Petitioner’s pilot vetting and training programs will ensure the PIC has substantial 

experience on the airframe. Further, private pilot licensees will operate Petitioner’s 

UAV with the same skill. The risks attendant to the operation of Petitioner’s UAV

are far less than the risk levels inherent in the commercial activities outlined in 14

C.F.R. § 61, et seq. Thus, allowing Petitioner to operate its UAV with a private pilot 

as the PIC will exceed current safety levels in relation to 14 C.F.R. §§ 61.113 (a) and

(b). 

E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft.

The Petitioner seeks an exemption from the flight manual requirements of 

14 C.F.R. § 91.9(b)(2), which states:

(b) 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.16

Given its size, configuration, and load capacity, the UAV has no ability to 

carry such a manual on the aircraft, not only because there is no pilot on board, but 

because there is simply no room or capacity to carry such an item on the aircraft. 

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally 

satisfied by maintaining the UAV flight manual at the ground control point where

the pilot flying the UAV will have immediate access to it. Accordingly, Petitioner 

requests an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition 

that the UAV flight manual be available at the control point during each operation. 

The FAA has issued the following exemptions to this regulation: Exemption

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

32827, and 10700. 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness. 

 

16 14 C.F.R. §91.8 (b)(2) 
10 

This petition 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. Inasmuch there

will be no airworthiness certificate issued for the UAV, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. 

Equivalent Level of Safety

Given the size of the UAV and the requirements contained in the Manual for 

maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided. 

The FAA has issued exemptions to this regulation in the following 

situations: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 32827, and 10700. 

G. 14 C.F.R. § 91.103: Preflight Action. 

This petition seeks an exemption from § 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.

17 Inasmuch as an

FAA approved flight manual will not be provided for the UAV, an exemption is 

requested. 

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft 

Operations Manual comprehensive preflight checklist. The PIC will take all

actions, including reviewing weather, flight battery requirements, landing and takeoff 

distances, and aircraft performance data, before initiation of flight.

H. 14 C.F.R. § 91.109(a): Flight Instruction. 

The Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which

provides 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 functional dual 

controls.”18 UAV and remotely piloted aircraft, by their design do not have fully 

 

17 14 C.F.R. §91.03 

18 14 C.F.R. § 91.109(a). 
11 

functional dual controls. Instead, flight control is accomplished through the use 

of a control box communicating with the UAV via radio communications. 

Equivalent Level of Safety

Given the size and speed of the UAV, an equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are 

aboard the UAV, and all persons will be a safe distance away should the UAV

experience any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental 

aircraft.

19

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum safe altitude requirements 

of 14 C.F.R.§ 91.119. This Section 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.20 Section § 91.119(d)(1) 

allows for a helicopter to operate at less than those minimum altitudes when it can be 

operated “without hazard to persons or property on the surface,” provided that “each 

person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA.

To provide the intended inspections, the UAV will normally need to be 

operated within a range of approximately 50 feet from the infrastructure being 

inspected. Accordingly, due to the nature of the proposed operations, the PIC and the 

VO may at times be less than 500 feet away from structures during the operation, and 

an exemption is therefore required.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the 

maximum 50 pounds proposed herein, and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with 

 

19 See Exemption Nos. 5778K and 9862A. 

20 See 14 C.F.R. § 91.119(c). 
12 

conventional aircraft. An equivalent level of safety will be achieved given the size,

weight, speed of the UAV as well as the location where it is operated. As set forth 

in the Manual, the UAV will be operated in a restricted area, where buildings and

people will not be exposed to operations. Because of the advance notice, all

affected individuals will be aware of the planned flight operations as set forth in the 

Manual. Furthermore, by operating at such lower altitudes, the UAV will not interfere

with other aircraft that are subject to the minimum safe altitude regulations. 

J. 14 C.F.R. § 91.121: Altimeter Settings. 

The Petitioner seeks 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.21 An exemption is required because the UAV does not have a 

barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set 

forth in the Manual. As prescribed in the Manual, the operator will confirm the 

altitude of the launch site shown on the GPS altitude indicator before flight. Prior 

to each flight, the PIC will reset the altimeter to zero and will fly the UAV below 

400 feet AGL. Moreover, the PIC will use the GPS altitude indicator to constantly 

monitor the UAV height, thus ensuring operation at safe altitudes.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions.

The Petitioner seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel 

requirements for flight in VFR conditions. Section 91.151(a) 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 

 

21 See 14 C.F.R. § 91.121.
13 

(2) At night, to fly after that for at least 30 minutes.22

The battery powering the UAVs described provide less than one half-hour of 

powered flight. An exemption from the 30 minute reserve requirement in 14 CFR § 

91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 30 minutes 

or 25% of battery power, whichever happens first. This restriction would be more than 

adequate to return the UAV to its planned landing zone from anywhere within its

limited operating area. Operation of the UAV with less than 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UAV. Moreover, operations will be limited 

to controlled areas where permission to perform UAV services has been obtained and 

all concerned parties given notice. 

This request for exemption falls within the scope of prior exemptions.23

L. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft 

Certification and Registration. 

This petition seeks an exemption from civil aircraft certification and 

registration requirements of 14 C.F.R. §§ 91.203 (a) and (b). The regulations provide 

in pertinent part: 

(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.24

 

22 14 C.F.R. § 91.151(a). 

23 See e.g. Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance

with § 91.151 (a)); see also FAA Exemptions 2689F, 5745, 10673, and 10808.

24 14 C.F.R. §§ 91.203 (a) and (b). 
14 

In addition to the fact that Petitioner is seeking an exemption from the 

airworthiness certificate requirements, an exemption to this regulation is necessary 

because: (1) the UAV’s load capacity and size does not allow it to carry certification 

and registration documents; (2) the UAV does not have a cabin or cockpit entrance at 

which the documents could be displayed; and (3) there are no passengers or crew for 

whom the certificates need be displayed. 

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed UAV 

operations, an equivalent level of safety will be achieved by keeping these documents 

at the ground control point where the pilot flying the UAV will have immediate access

to them. 

The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions include Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797A, 9816A, and 10700. 

M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1); 91.409(a)(1); 91.417(a) 

and (b): Maintenance Inspections

The Petitioner seeks an exemption from the maintenance inspection requirements of 

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

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

Part 43.

25 An exemption to these regulations is needed because Part 43 and the 

stated sections apply only to aircraft with an airworthiness certificate, which the 

UAV will not have. 

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the Aircraft Operations Manual.26 

As provided in the Manual, the PIC will ensure that the UAV is in working order prior 

to initiating flight, oversee and assist in performance of required maintenance, and 

 

25 See e.g. 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections . . . . have discrepancies 

repaired as prescribed in part 43 of this chapter”). 

26 See Manual
15 

keep a log of any maintenance performed. The PIC is the person most familiar with 

the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.

If mechanical issues arise, the UAV can land immediately and will be 

operating from no higher than 400 feet AGL in an unpopulated area. Moreover, the 

UAV'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. 

V. PUBLIC INTEREST

Consistent with the requirements of 14 C.F.R. § 11.81(d), Petitioner offers the 

following reasons why granting this petition for exemption isin the public interest, i.e., 

how granting it would benefit the public as a whole. Approval of exemptions 

allowing commercial operations of small and lightweight UAV in the infrastructure 

inspection industry benefits the public as a whole in several ways.

First, granting the Petitioner’s exemption helps fulfill Congress' goal in

passing Section333(a) through (c) of the Reform Act, namely, the FAA

Administrator's assessment of whether certain UAV may operate safely in the 

National Airspace System before completion of the rule making required under 

Section 332 of the Reform Act.

Next, the Petitioner’s proposed operation significantly improves safety and 

reduces risk concerning infrastructure inspection by alleviating human exposure to

dangers associated with current aerial survey and inspection methods. Manned 

helicopters performing utility-power generation inspections and patrols have 

experienced an exceedingly high number of accidents and fatalities.

Other Communication Facility inspection methods include utilizing a climber 

or team of climbers. To employ this method, human beings must physically climb the 

Communication Facility and document the condition of the Facility using hand-held cameras. 

In 2013 approximately one individual perished per month while conducting these activities. 

These deaths and injuries can be completely avoided by replacing this work with a UAV, PIC 

and VO.
16 

Further, Petitioner's UAV are battery powered and create no emissions. If 

Petitioner's UAV crashes, there is no fuel to ignite and explode. Any impact of 

Petitioner's lightweight UAV is far less than a full size helicopter. The public's interest 

is furthered by minimizing ecological impact of an accident and by reducing human 

exposure to potentially harmful emissions associated with manned aircraft.

Finally, aerial surveys and videography/photography are valuable tools for 

co m m e r c i a l inspections. However, problems with safety, cost, statistical integrity,

and logistics continue to impede aerial surveys and inspections from conventional 

manned aircraft. The use of UAVs addresses these problems and is a powerful tool 

for performing a wide-range of inspection, survey, videography and photography 

applications. The public as a whole will benefit from the safer and more cost-effective 

utility aerial services that UAV operations provide. 

VI. PRIVACY

All flights will occur over Operations to be conducted over public or 

controlled access property. Additionally, all flight operations will be conducted in an 

area devoid of spectators or uninvolved participants. All permissions will be gained 

by all official personnel, landlords, organizations and/or individuals present in the 

surveyed or photographed area.

Additionally, the U.S. Supreme Court has held that “‘[a] person traveling in an

automobile on public thoroughfares has no reasonable expectation of privacy . . . .’”27

Therefore, Petitioners use of UAV does not pose a privacy threat to motorists 

traveling on the roadway inadvertently captured on video because they have no

reasonable expectation of privacy. However, to further protect individuals who have 

had their image captured during an inspection, the Petitioner will sanitize the 

likenesses of individuals from the final product provided to the customer.

VII. FEDERAL REGISTER SUMMARY

A. 14 C.F.R. Part 21, Subpart H - Airworthiness Certificates and 14 C.F.R. §

91.203(a)(1).

B. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft. 

 

27 U.S. v. Jones, 132 132 S.Ct. 945 (2012) quoting U.S. v. Knotts, 460 U.S. 276, 281 (1983). 
17 

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: 

Pilot in Command. 

E. 14 C.F.R. § 91.9(B)(2): Civil Aircraft Flight Manual in the Aircraft. 

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

G. 14 C.F.R. § 91.103: Preflight Action. 

H. 14 C.F.R. § 91.109(a): Flight Instruction. 

I. 14 C.F.R. § 91.119: Minimum Safe Altitudes. 

J. 14 C.F.R. § 91.121: Altimeter Settings 

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

L. 14 C.F.R. § 91.203(a) and (b): Carrying Civilian Aircraft Certification and 

Registration. 

M. 14 C.F.R. §§ 91.405(a)(1); 91.407(a)(1); 91.409(a)(1); 91.417(a) and (b): 

Maintenance Inspections 

VIII. CONCLUSION

The Petitioner moves the FAA Administrator to grant this exemption. Given the 

foregoing, the Petitioner’s proposed usage does not pose a hazard to the NAS or to

the public. Considering the clear statutory language in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended, the equivalent 

level of safety to the public and to the men and women conducting infrastructure 

inspections, and the reduction in environmental effects, the grant of the requested 

exemptions is in the public interest. Accordingly, Petitioner respectfully requests that 

the FAA grant the requested exemption without delay. 

Thank you,

 

Joshua J. Furnald 

Counsel for Petitioner 

Submitted on August 5, 2015 
18 

Exhibit 1 

Begins on Following Page