October 15, 2015 

U.S.Department of Transportation Docket 

Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 45.23{b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 

91.9( b); (2); 91.103(b); 91.109; 119.121; 91.lSl(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 

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

Dear Sir or Madam,

I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, James Allyn 

Photo, Stellar Creative Partners, LLC) are writing regarding the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11,to request that I, James 

Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, James Allyn Photo, 

Stellar Creative Partners, LLC) an owner and operator of small unmanned aircraft, be exempt 

from the Federal Aviation Regulations (“FARs”) listed below so that I, James Allyn, (Doing 

Business as, Stellar Aerial Media, Stellar Photographics, James Allyn Photo, Stellar Creative 

Partners, LLC) may operate our unmanned aircraft system (“UAS”) commercially in airspace 

regulated by the Federal Aviation Administration (“FAA”). 

As described herein, I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) am a 34 year experienced 

photographer/videographer within the State of California ; I am very experienced in flying quadcopters for recreational purposes, and I have recently added a professional grade quadcopter 

UAS to my inventory which is equipped with a 4K camera. The intended use for this UAS is 

aerial photography/videography/cinematography as stated below.

Equipment: Yuneec, Typhoon Q500

Model : 4K Pro

For the reasons stated below I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) respectfully request the 

granting of an exemption allowing James Allyn to operate a remote controlled UAS’s for 

advertising, marketing, photo, video of real estate, agriculture, multi-family housing, and 

special local events. Benefit/stimulate attraction to San Diego and Orange County areas and to 

enhance real estate /multi-family housing listing videos for homeowners who cannot afford 

expensive manned aircraft for the same purpose. Both of which will promote local economic 

growth through increased employment and increased tax base. Both with public safety and 

privacy in mind. 
• Contact information. 

James Allyn

Stellar Creative Partners, LLC

4535 Beverly Glen Drive

Oceanside, Ca 92056

858-395-2288

2 . The Specific Sections of Title 14 of the Code of Federal Regulations From which James 

Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, James Allyn Photo, 

Stellar Creative Partners, LLC) Requests Exemption are: 14CFR 21; 14C.F.R.45.23(b); 14 CFR 

61.113 (a) & (b); 14 C.F.R. 91,et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 

(a) & (b).

3. The Extent of relief James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) seeks and the Reason I Seek 

Such Relief I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC) submit this application in accordance with 

the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs 

operating to prevent I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) contemplated commercial 

cinematic, academic and other flight operations within the national airspace system. The Reform 

Act in Section 332 provides for such integration of civil unmanned aircraft systems into our 

national airspace system as it is in the public’s interest to do so. Our UAS meets the definition of 

“small unmanned aircraft’ as defined in Section 331 and therefore the integration of my UAS is 

expressly contemplated by the Reform Act. I would like to operate our UAS prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such craft. 

Thereby, providing direct experience and valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video and photography. The Reform 

Act guides the Secretary in determining the types of UAS’s that I operate safely in our national 

airspace system. Considerations include: The light, size, speed and overall capabilities of the 

UAS’s; Whether the UAS will be operated near airports or heavily populated areas; and, Whether 

the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflects in 

favor of an exemption for us , James Allyn, (Doing Business as, Stellar Aerial Media, Stellar 

Photographics, James Allyn Photo, Stellar Creative Partners, LLC) . My UAS utilizes four (4) 

counter rotating propellers for balance, control and stability. My UAS is equipped with GPS and 

auto return to takeoff safety technology. Weighing less than five (8) pounds (far below the 

maximum 55 pound limit); including 4K camera and electronic gimbal. 

I, James Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, James Allyn 

Photo, Stellar Creative Partners, LLC) consider safety foremost with each flight. My small 

unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 

mph) wind. For safety, stability and fear of financial loss. I will not fly in winds exceeding 18 

kph (12 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place 

when radio controls are released. When pilot communication is lost, my UAS is designed to 

return to the point of takeoff, slowly descend, land, and disengage the electric motors. I do not 

and will not operate my UAS near airports, Hospitals, Military installations or areas, nor Police 
heliports, and will not operate near areas where general public is within fifty to one hundred 

(50-100) yards depending on location, and conditions. I am constantly on alert for any manned 

aircraft (Personal crafts, Police/Medical helicopters, etc.) and am prepared to land/abort 

immediately to the nearest and safest ground point should a manned aircraft approach my 

location or I suspect manned aircraft may approach near my location. My UAS is capable of 

vertical and horizontal operations, and is flown only within my line of sight, as the remote 

control UAS pilot. Utilizing battery power rather than combustible fuels, flights generally last 

between fifteen (18) to thirty (24) minutes, with an altitude under three hundred ninety nine (399) 

feet. I , utilize a fresh fully charged battery with each flight as a safety precaution; full flight time 

limit for each battery is thirty (28) to thirty five (24) minutes as tested. I do not operate my UAS 

at or below manufacture recommend minimum charge levels for operation; preferring to remain 

within safe operating range to visually ensure adequate communication between radio transmitter 

and UAS receiver to eliminate any potential for crash, loss of control, or hazard. Reserve 

batteries are at hand with each operation to ensure replacement for sufficient safe level of 

operation. I do not believe in taking risks that may cause a crash, could create hazards to the 

public/property/manned aircraft, and have no desire to spend $1200 on a lost or damaged 

investment. I have clocked numerous practice flights in familiarization with the characteristics 

of this specifics UAS’s performance under different temperature and weather conditions. I also 

have with meat all practice flights and future commercial flights a second team member acting 

solely as a spotter to ensure the safety of the public, property, and manned aircraft. I am 

extremely cautious when operating of my UAS unmanned aircraft and will not “create a hazard 

to users of the national airspace system or the public.” 112 P. L. 95 § 333 (b). Given the small 

size and light weight of my UAS it falls within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to integrate UAS’s into the national 

airspace system.

4. How James Allyn (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC) Request Will Benefit the Public as a 

Whole: Aerial photography and videography for geographical awareness and/or for real estate 

marketing has been around for a long time through manned fixed wing aircraft and helicopters. 

For small budget real estate companies and average homeowners, the expense of such aerial 

photography and videography is cost prohibitive. Only large companies and high end Realtors or 

luxury homeowners can afford such expense. Depriving non-luxury and loIr budget Realtors 

from a valuable marketing tool. It is my belief that UAS flight is currently taking place by either 

the real estate agents themselves, or maybe being done by someone they know. Either way, it is 

my objective to provide this service as a trained professional with a “safety first” mindset so that 

the eventual commercialization of UAS flight is not affected negatively by those who are doing 

this without proper training. Congress has already proclaimed that it is in the public’s interest to 

integrate commercially flown UAS’s into the national airspace system, hence the passing of the 

Reform Act. Granting our exemption furthers the public interest through academic/visual 

awareness of the geographical benefits in and around the San Diego and Orange County areas. 

My UAS is battery powered and creates no emissions that can harm the environment. The 

consequence of my ultra-light UAS crashing is far less than a full sized helicopter or fixed wing 

aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the 

public. The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial video and photo capture through my battery operated UAS’s. Permitting us to immediately 
fly within national air space furthers economic growth. Granting my exemption request 

substantially furthers the economic impact for the San Diego and Orange County areas for 

companies and individuals looking to relocate and build in the said areas as individuals looking 

to relocate for career advancement through academic and geographical awareness. Both of which 

serve as a stimulus to the community. 

5. Reasons Why James Allyn, (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC) Exemption Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rules: Our 

exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting us 

to log more flight time in FAA controlled airspace, with communication with the FAA, will allow 

me to contribute to the innovation and implementation of new and novel, as of yet undiscovered 

safety development in cooperation with the FAA. In addition, I submit the following 

representations of enhancements to current aerial videography and photography for real estate: 

• My UAS weighs less than 8 pounds complete with a 4K Camera; • I only operate my UAS 

below 399 feet permissible ceiling set by the FAA Modernization and Reform Act of 2012); 

• My UAS only operates for 18-24 minutes per flight; 

• I land my UAS prior to manufacturer recommended minimum level of battery power; 

• I pilot my UAS through remote control only by line of sight and with an additional spotter; 

• My UAS has GPS, a flight safety feature, whereby it returns to point of takeoff, hovers, and 

then slowly lands if communication with the remote transmitter is lost; 

• I actively analyze flight data, the Center Weather Service Unit, NOAA, and other sources of 

information to constantly update and enhance safety protocols prior to and during flights; 

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

lines, elevated lights, airports, and actively populated areas; 

• I conduct extensive pre-flight inspections and protocols during which safety carries primary 

importance; 

• I always obtain all necessary permissions prior to operation;

• I have procedures in place to abort flights in the event of safety breaches or potential danger 

• My UAS utilizes a 2.4GHz DSMX system.2.4GHz systems are distinguished in that they use 

direct-sequence spread spectrum (DSSS) technology on the 2.4 GHz ISM band. 2.4GHz refers to 

their technology as “Digital Spectrum Modulation.” Each transmitter has a globally unique 

identifier (GUID), to which receivers can be bound, ensuring that no transmitter will interfere 

with other nearby 2.4GHz DSMX systems. This works in a manner that both transmitter and 

receiver are constantly changing through the different frequencies of the 2.4 GHz range. The 

2.4GHz system is also unique in that it offers “Model Match” in which each transmitter program 

for a particular flight model is bound to one and only one receiver. This prevents a user from 

flying his/her UAS while the transmitter is still programmed for his/her RC hobby airplane. The 

2.4 GHz DSMX technology allows for uninterrupted frequency transmission. If at any time, in 

the very small chance it is interrupted or loss of signal, the UAS will go into a failsafe mode 

allowing the UAS to return to the point of takeoff, hover, land, and disengage the motors. If 

signal is ever lost, this redundancy takes over but can be overridden once in range or the 

interference ceases.

5. A Summary The FAA May Publish in the Federal Register:
A. 14 C.F.R. 21and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 

21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, Iight and 

enclosed operational area of my, UAS permits exemption from Part 21because my UAS meets 

(and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA 

is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act 

(49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the 

FAA exempt UAS’s from the airworthiness certificate requirement in consideration of the Iight, 

size, speed, maneuverability and proximity to areas such as airports and dense populations. My, 

current and projected UAS’s meet or exceed each of the elements. 14 C.F.R. 91.7(a) prohibits the 

operation of an aircraft without an airworthiness certificate. As no such certificate will be 

applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 

91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS’s, this Regulation is inapplicable. An equivalent level 

of safety will be achieved by maintaining a safety/flight manual delineating areas of where safety 

can be defined 5 . The FAA has previously issued exemptions to this regulation in Exemption 

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167A, 10602, 10700 and 32827. 14 C.F.R. 

§91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global 

positioning systems with a barometric sensor. 14 C.F.R. § 91.203 (a) and (b) provides for the 

carrying of civil aircraft certifications and registrations. They are inapplicable for the same 

reasons described above. The equivalent level of safety will be achieved by maintaining any such 

required certifications and registrations by us, James Allyn (doing business as Insight 

Advertising, Marketing, and Communication). 

B. 14C.F.R. §61.113: Private Pilot Privileges and Limitations: PIC. Applicable Codes of 

Federal Regulation require aircraft to be marked according to certain specifications. My UAS 

are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on 

which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such 

small aircraft with dimensions smaller than minimal lettering requirement. Regardless, I will 

mark its UASs in the largest possible lettering by placing the word “EXPERIMENTAL” on its 

fuselage as required by 14 C.F.R §45.29 (f) so that I, the pilot, or anyone assisting me as a spotter 

with the UAV will see the markings. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. C. 14 C.F.R §61.113: 

Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private 

pilots are limited to non-commercial operations. I can achieve an equivalent level of safety as 

achieved by current Regulations because my UAS does not carry any pilots or passengers. 

Further, while helpful, a pilot’s license will not ensure remote control piloting skills. The risks 

attended to the operation of my UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 C.F.R. §61,et seq. Thus, allowing us,to operate our UAS meet and 

exceed current safety levels in relation to 14 C.F.R. §61.113 (a) &(b). D. 14C.F.R. 91.119: 

Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil 

aircraft. It allows helicopters to be operated at loIr altitudes in certain conditions. My UAS will 

never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I will 

operate my UAS in safe areas away from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections. The 
above-cited Regulations require, amongst other things, aircraft owners and operators to “have 

[the] aircraft inspected as prescribed in subpart E of this part and shall be required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in 

part 43 of this chapter....” These Regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to our UAS. HoIver, as a safety precaution, I inspect 

my UAS before and after each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21and 14 C.F.R. 91: 

Airworthy ness Certificates, Manuals and The Like. 14 C.F.R. 21,Subpart H, entitled Airworthy 

ness Certificates, sets forth requirements for procurement of necessary airworthiness certificates 

in relation to FAR § 91.203{a)(l). The size, weight and enclosed operational area of my UAS 

permits exemption from Part 21 because our, UAS meets an equivalent level of safety pursuant 

to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 

of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’s from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of 

these elements. 14 C.F.R 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no pilots or passengers, and given the size of the UAS’s, the Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and 

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be 

achieved 

In Summary, James Allyn (Doing Business as Stellar Aerial Media, Stellar Creative 

Partners, LLC) seeks an exemption from the following Regulations:

14 C.F.R. 21,subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 

14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. 

§ 91.121;14 C.F.R. § 91.151(a);14C.F.R. §§ 91.203 (a) and (b); 14 C.F.R. § 91.405 (a); 14C.F.R. 

§ 91.407 (a)(l);14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) 

& (b) to commercially operate our, James Allyn (Doing Business as, Stellar Aerial Media, 

Stellar Photographics, James Allyn Photo, Stellar Creative Partners, LLC), small unmanned 

aircraft vehicle in community awareness and real estate operations, and to develop economic 

platforms for real estate to enhance the experience of those seeking to relocate to the San Diego 

and Orange County areas. Currently, area awareness and real estate aerial videography/

photography relies primarily on the use of larger aircraft running on combustible fuel. Posing 

potential risk to the public. Granting our request for exemption will reduce current risk levels and 

thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, 

lighter and more maneuverable then conventional real estate video and photographic aircraft with 

much less flight time. Further, I typically operate at low altitudes (under 120 feet) and in 

controlled airspace eliminating potential public risk flying to and from established air fields. I 

have been informally analyzing flight information and will compile safety protocols and the 

implementation of a flight operations manual for real estate usage that exceeds currently 

accepted means and methods for safe flight. Formal collection of information shared with the 
FAA will enhance the FAA’s internal efforts to establish protocols for complying with the FAA 

Modernization and Reform Act of 2012. There are zero personnel on board my UAS and 

therefore the likelihood of death or serious bodily injury is significantly diminished. The 

operation of my UAS, weighing less than 8 pounds and traveling at slow speeds within limited 

areas will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly, I, James Allyn (Doing Business as, Stellar Aerial Media, Stellar Photographics, 

James Allyn Photo, Stellar Creative Partners, LLC), respectfully request that the FAA grant my 

exemption request and am willing to cooperate in sharing information to benefit the FAA, safety 

of manned aircraft, and the general public at large

Thank you for your time, 

James Allyn

James Allyn 

Digitally Signed/Digital Copy Original Available Upon Request