James R. Lyons

S&J Photography LLC.

PO Box 714 

Burlington, WA. 98233

308-661-1482

September 11, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

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

Regulations

Dear Administrators,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

C.F.R. Part 11, James R. Lyons dba S&J Photography LLC, a private pilot, Professional Firefighter EMT, 

fourth generation farmer, and sUAS owner, hereby applies for an exemption from the Federal Aviation 

Regulations (“FARs”) listed in section 2 to allow commercial operation of the small Unmanned Aircraft 

Systems (sUAS) listed below within the Continental United States (CONUS) so long as operations are 

conducted under the limitations outlined herein or as may be established by the FAA as required by 

section 333.

The requested exemptions would authorize commercial operations for precision agriculture, real estate

photography/videography, structural inspections, and aerial photography/videography that could be 

performed more safely within the U.S. National air space than with the use of manned aircraft. The 

approval of this request will, in part, allow improved predictive indicators of crop stress to assist 

production design, predictive crop yields, overall water use reduction, pest control, nutritional input 

management, repair assessment of structural systems, and beneficial usage from general photography. 

Operations will be performed only on owned property or with the authorization and permission of other 

property owners or their authorized agents.

Given the small size, weight, speed, and limited operating area of the sUAS involved, and the remote and

restricted environment within which they will operate, approval of the application presents no national

security issue. Due to the reduce environmental impact from several aspects and the strong level of 

safety surrounding the proposed operations associated with allowing sUAS for commercial operations, it 

can be assured that granting these requested exemptions is in the public interest (see section 4 below).

The limitations outlined in this request, provide for at least an equivalent or even higher level of safety to

operations under the current regulatory structure because the proposed operations represent a safety

enhancement to employees, ground personnel, or pilot and crew operations that would otherwise be

conducted with conventional aircraft, and because of the very high level of safety standards outlined in

the operating conditions below (see section 5 below).

Therefore, the applicant respectfully requests that FAA grant the requested exemption 

without delay.
Table of Contents

Operating Conditions...............................................................................................2

sUAS Description.....................................................................................................3

Name and address of applicant..................................................................................4

Section of 14 CFR from which and exemption is being requested..................................4

The extent of relief being sought and the reason for the relief .......................................5

How this request would benefit the public as a whole ..................................................5

Reasons why granting this exemption would not adversely affect safety ........................5

Federal Registry summary ........................................................................................6

Appendix A .............................................................................................................7

Operating Conditions:

Grant of the exemption would be subject to the following operating conditions and operated in 

the rural North West Washington area in accordance with conditions set forth by the Academy 

of Model Aeronautics and by a Pilot In Command (PIC) who:

 Maintains a minimum Private Pilot certificate operating the sUAS with the knowledge of

regulations as they pertain to safety and airspace restrictions afforded by this privilege.

 Has a valid driver’s license.

 Completed the manufacturer provided training program.

 Maintains visual line of sight of the aircraft throughout its operation by unaided human 

vision other than corrective lenses as specified on the FAA airmen medical certificate.

 Ensures the flight would be discontinued if a hazard to other aircraft, people, or property 

existed.

 Assesses weather conditions, airspace restrictions, and location of people to lessen 

risks if accidental loss of control should occur. Potential landing areas in the event of an 

emergency would be identified.

 Ensures flight would not occur over people except those directly responsible for the 

flight.

 Ensures flights would be limited to 400 feet altitude.

 All flights will be operated during daytime VFR conditions.

 Ensures flights would remain out of airport flight paths and restricted airspace areas, and 

obey FAA Temporary Flight Restrictions (TFR’s).

 Ensures no objects will be dropped from the sUAS.

 Performs pre-flight safety inspections according to the manufacturer including 

verification of communications links.

 Maintains the sUAS in optimal condition according to manufacturer recommendations 

and continual upkeep of wear or damaged components.
 Performs a functional flight test prior to conducting further operations under this 

exemption whenever critical flight components have been replaced that would affect the 

sUAS operation or flight characteristics. Flight tests would remain at least 500 feet from 

other persons and be conducted in such a manner so as not to impose an undue hazard 

to persons and property.

 Utilizes a Visual Observer (VO) in order to identify other aircraft and objects in the 

airspace during the flight so that the sUAS will be the first to maneuver away.

 Ensure operations conducted within five miles from an airport shall only be initiated 

when the following conditions are met:

o Airport is not a medium or large airport.

o Coordination with the airport authority, or air traffic control when a control tower is

present.

o Airport UNICOM frequency when applicable is monitored and flight intentions are

communicated.

o Flight maneuvers will be initiated to remain clear of traffic as visually observed or 

when communicated on the UNICOM frequency by the pilot or control tower.

 Will not operate the sUAS from any moving device or vehicle.

 The sUAS will be operated at speeds under 40 knots.

 The sUAS will not be operated in winds exceeding 25 knots and consistent with any 

manufacturer recommendations.

 Flight time will be limited in duration to ensure that no less than 10% battery power 

remains upon landing.

 Verifies that if the sUAS loses communications or loses its GPS signal, it can return to a

pre- determined location and land within the private or controlled-access property.

 All operations shall comply with required permissions and permits established by 

territorial, state, county, or city jurisdictions; including local law enforcement, fire, or other 

appropriate governmental agencies.

sUAS Description:

The following sUAS aircraft are being requested for approval with this petition.

A) DJI inspire 1:

 Features of the DJI inspire 1 include:

 Based on the highly successful consumer grade Phantom line of DJI quadcopters.

 Battery powered quad rotor unmanned aircraft and handheld ground control station.

 Maximum diameter of less than 24 inches.

 Take-off weight of approximately 6.8 pounds.

 It has fail safe modes of operation for either loss of RC or GPS signal.

 Automatic termination of flight and landing will be initiated when the battery reaches a

predetermined low state.

 Limited range governed by the battery for an approximate 18 minute operational time.

 Load carrying capacity limited to a single sensor approximate to the size of a consumer

point-and-shoot camera

 Maximum speed less than 30 knots.

 Internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain geospatial orientation and position.

 Telemetry information is transmitted back to a ground control station allowing the PIC to

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC.
 Altitude can be limited by the onboard flight controller and maximum altitude can be

preprogrammed by the PIC.

1) Name and Address of Applicant is:

James R. Lyons,

dba S&J Photography LLC.

PO BOX 714

Burlington, WA. 98233

Phone: 360-661-1482

2) Section of 14 CFR from which and exemption is being requested:

a. Exemption of the following sections of 14 CFR are be requested.

• 14 C.F.R. 21 Certification Procedures for Products and Parts

• 14 C.F.R. 61.113(a) Private Pilot privileges and limitations

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

• 14 C.F.R. 91.119(c) Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151(a)(1) Fuel requirements for VFR flight

• 14 C.F.R. 91.405(a) Maintenance Required

• 14 C.F.R. 91.407(a)(1) Operation after Maintenance, Rebuilding, or Altercation.

• 14 C.F.R. 91.409(a)(1)&(2) Inspections

• 14 C.F.R. 91.417(a)&(b) Maintenance records

3) The extent of relief being sought and the reason for the relief:

a. See Appendix A

4) How this request would benefit the public as a whole:

a. Utilizing sUAS in the agricultural industry for precision surveys, real estate 

photography/Videography, Structural inspections, and aerial 

photograph/Videography, is in the public interest because it provides timely

access to large amounts of survey data via environmentally friendly means. This 

enables growers to improve the productivity of the crop by more accurately 

identifying and correcting crop stress factors. In many cases, crop nutrients can 

be reduced in areas determined to already be healthy.

Alternatives to utilizing sUAS technology erodes the competitiveness of the US 

food supply simply due to its reduced efficiency, increased cost, and lack of data 

precision. These alternatives might include satellite imagery which is less 

competitive and is not often available in the instantaneous time frames needed to 

detect and react to crop health issues. Manned aerial survey is another 

alternative which employs the use of full size aircraft. While the results can be 

similar, the process comes at a higher cost and a more time consuming process. 

This process is less able to operate safely close to the ground where higher

resolution detail is needed. Additionally, the proposed sUAS operate off of stored 

electric energy, reducing the environmental impact from engine emissions and 

hazards associated with stored onboard fuel in the aircraft. A third alternative 

includes ground scouting analysis which involves personnel visually inspecting 

crops for health and yield. This process is very limited by the amount of area a 
person can cover on foot over a period of time – again reducing the value and 

increasing the cost of the results as compared to sUAS technology.

In summary, approval of this exemption for commercial operations is in the best 

public interest by:

- Helping to keep the US food supply competitive through increased efficiency and 

reduced cost.

- Reduced environmental impact from the reduction in emissions that are 

traditionally created from manned flights performing the same task.

- Reduced environmental impact from the reduction of fertilizer requirements 

through precise identification of areas that may not require applications when 

compared to surrounding areas which do.

- Improved safety of the general public when compared to the hazards associated 

equivalent manned flights at low altitudes.

5) Reasons why granting this exemption would not adversely affect safety and how the 

exemption would provide a level of safety at least equal to the existing rule.

a. The proposed operations outlined in this petition would not adversely affect safety and 

will provide a greater level of safety than the existing rule for the following key reasons:

i. The sUAS would be operated by a certificated pilot with current medical who utilizes 

the knowledge of airspace regulations and flight safety to ensure the operation of 

sUAS is consistent with these requirements and the safety of fellow pilots of manned 

aircraft.

ii. The operation of small battery powered sUAS, weighing less than ten pounds, flying 

at speeds less than 40 knots, and conducted in the strict conditions outlined in the

Operating Conditions listed above, will provide a higher level of safety than existing

rule utilizing manned aircraft and that of the currently proposed rules for small

unmanned aircraft systems. Conventional operations conducted with manned aircraft

have elevated risks for the following reasons:

1. Operations are in large aircraft carrying large amounts of fuel and operating at

extremely low altitudes while in close proximity to people, animals, and

structures. The opportunity for emergency landings in event of aircraft failure are 

limited because of these operating conditions and therefore put the public in 

danger.

2. Manned aircraft equipped for the operations requested in this exemption have a 

flight crew on board to operate the imaging equipment. The aircraft, pilot, and 

crew must travel from an airport to the target area, fly multiple passes across the 

surveillance area, and return to the airport. These flights must pass over many 

property owners to achieve their objective. This exposes both flight crew and 

ground personnel to noise, emissions, and safety risks associated with such 

operations.

In summary, the sUAS proposed in this exemption are battery powered, small, lightweight, hand

carried to the surveillance sight (not flown), and operated by a certificated pilot. These safety

enhancements virtually eliminate the risks outlined above and provide for a level of safety better

than the existing rule.
6) Federal Registry Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed:

Docket No.: ________________

Petitioner: James R. Lyons dba S&J Photography LLC.

Sections of 14 CFR: 14 C.F.R. 21, 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R.

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.405(a), 14 C.F.R.

91.407(a)(1), 14 C.F.R. 91.409(a)(1)&(2), 14 C.F.R. 91.417(a)&(b)

Description of Relief Sought: James R. Lyons, dba S&J Photography LLC, is seeking an 

exemption pursuant to 14 CFR and Section 333 of the FAA Modernization and Reform Act of 

2012. The exemption will permit safe operation of the above name sUAS commercially for the 

purpose of conducting precision agriculture operations, real estate surveillance, structural 

inspections, and aerial photography that could be performed more safely within the U.S. 

National air space than with the use of manned aircraft.

Based upon the foregoing, James R. Lyons dba S&J Photography LLC., requests that the FAA 

grant the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. 

§44701(f) of the Federal Aviation Act as requested herein to allow commercial operations within 

the continental United States.

Submitted on September 11, 2015

Respectfully submitted,

James R. Lyons, dba S&J Photography LLC.
APPENDIX A: The Extent of the Relief being Sought and the Reason for the Relief

James R. Lyons dba S&J Photography LLC, requests an exemption from the regulations listed 

in section 2 to the extent described below as well as any additional regulations that may 

technically apply to the operation of the aircraft:

14 C.F.R. Part 21, Subpart H: Certification Procedures for Products and Parts, Subpart H–

Airworthiness Certificates

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of 

the sUAS, its weight, speed, operational capability, its proximity to airports and populated areas, 

and the operating conditions outlined in this petition, it is unnecessary to go through the 

certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed 

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon the consideration described herein.

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

Section 61.113(a) limits private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the sUAS in this petition are remotely 

controlled with no passengers or property of others on board. Section 61.133(a) requires an 

individual with a commercial pilot’s license to be pilot in command of any aircraft for 

compensation or hire. While airspace knowledge and requirements remain the same for both 

private and commercial pilots, and while sUAS do not present the safety hazards around nonairspace issues such as on-board occupants, it is an equivalent level of safety for private pilots 

to serve as pilot of command of a sUAS for compensation or hire. Additionally, the sUAS in this 

petition have an autonomous navigation and control system with GPS guidance along with a 

high degree of pre-programmed limitations to prevent the potential for operation outside of the 

airspace restrictions established. Automated controls enable safe, reliable operation, as well as 

advanced networking capabilities. As such, nearly all operations that would be traditionally 

handled by a commercial pilot are handled by the intelligent systems in the aircraft. Given the 

fact that there are no occupants or cargo in the aircraft and the fact that the safety features of 

the sUAS are highly software controlled and monitored in real-time with a specific flight 

management systems, it is proposed that pilot in command should not be required to hold a 

commercial pilot certification but rather be able to utilize the privileges of a private pilot 

certificate for commercial purposes of operating a sUAS.

Given these conditions and the size, speed, operational capabilities, and lack of combustible 

fuel, the risks associated with private pilot operations are diminished such that allowing 

operations set forth would meet or exceed the current level of safety.

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the petitioned 

sUAS without an airworthiness certificate, no standard will exist for airworthiness of these 
aircraft. Given the successful track record of these aircraft combined with the fault monitoring 

and other provision previously mentioned herein, an equivalent level of safety will be achieved 

by insuring compliance with the manufacturer’s manuals for maintenance, safety, and pre-flight 

prior to each flight.

14 CFR § 91.119 (c): Minimum Safe Altitudes: General

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Because flight operations for 

precision agriculture, real estate surveillance, structural inspections, and aerial photography are 

required to be performed at relatively low altitudes (below 400 feet) an exemption from Section 

91.119(c) is needed. The equivalent level of safety will be achieved because these aircraft will 

only fly over private property with the permission of the landowner and will not be operated in 

congested or populated areas. Despite flying at lower altitudes than more conventional manned 

aircraft, an equivalent level of safety will be achieved given the size, weight, speed, and material 

with which the aircraft are built. Additionally the aircraft are not designed for transit but rather for 

limited flights for a specific purpose. Because of this inherent constraint, it is considered that the 

lowered minimum safe altitude will provide an improved or equivalent level of safety compared 

to large aircraft with pilot, passenger, flammable fuel, and cargo transitioning across many miles 

to perform its duties.

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude 

or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft;

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station;

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport 

or an appropriate altimeter setting available before departure.

Due to the very limited area of operation afforded by line of sight operation and the low altitudes 

with which these operations are targeted, the intent of this section does not affect the level of 

safety for sUAS operations

To provide an equivalent level of safety, ground level reference altitudes are established in part 

by onboard GPS during the pre-flight tests.

14 C.F.R. § 91.151 (a) (1): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. Given that the flights of the proposed aircraft are much shorter in 

duration (less than 40 minutes), have a limited area of operation, and limited size, weight, and 

speed, an equivalent level of safety is achieved through built in battery power monitoring 

provisions and the Operating Conditions outline in this petition. Those conditions coupled with 

the built in low battery “return to home” features and fail safe checks built into the aircraft will 

provide an equivalent level of safety.
14 C.F.R. § 91.405 (a): Maintenance Required

Maintenance of the petitioned sUAS is performed by the operator in accordance with the 

instruction materials provided by the manufacturer and as provided during training as 

applicable. An equivalent level of safety can be achieved in lieu of the current rule when these 

instructions and training are followed and because the inherent properties of the aircraft which 

include:

- Small size and mechanical simplicity due to small electronic motors controlled by 

highly refined electronic circuits as compared to conventional aircraft with large 

fuel propelled engines controlled by a complex series of mechanical systems and 

linkages requiring a high level of skill by the maintenance crew.

- Lack of cargo, crew, or passengers.

- Very limited area of remote operation dictated by line of sight.

As provided in the manuals and the operating conditions outlined in this exemption, the operator 

will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance that is performed. It is also recognized that 

the trained operator is the person most familiar with the aircraft and is best suited to maintain 

the aircraft in an airworthy condition and to ensure and equivalent level of safety. Key elements 

of the aircraft are designed to be easily changed (i.e. propellers) by trained operators such that 

the aircraft is easily kept in an airworthy state.

14 CFR § 91.407 (a) (1): Operation after Maintenance, Preventive Maintenance, Rebuilding 

or Altercations

This section applies only to aircraft with an airworthiness certificate, therefore these sections 

would need exemption. The maintenance, preventative maintenance, rebuilding, and alterations 

will be performed by the operator pursuant to the manufacturer’s recommendations and the 

operating conditions outlined in this petition. The aircraft will be discrepancy free prior to 

initiating flight and will be grounded if mechanical issues are discovered. The operator will 

consult with the manufacture regarding any unresolved discrepancies until they have been 

restored back to factory standards. Additionally, the simplicity of the aircraft by design facilitates 

limited wear parts and ability for basic field maintenance. These aircraft attributes and

procedures will provide an equivalent level of safety.

14 CFR § 91.409 (a) (1) & (2): Inspections

This section applies only to aircraft with an airworthiness certificate, therefore these sections 

would need exemption. Pre-flight and post-flight inspections will be accomplished by the 

operator to the manufacturer’s recommendations and as outlined in the operating conditions. 

Any discrepancies discovered during inspections will be resolved before further flight. An 

equivalent level of safety is achieved because of these inspections and the limitations of the 

aircraft and flight which include: flights under 400 feet, small size, limited area of operation, and 

lack of cargo, crew, or passengers.

14 CFR § 91.417 (a) & (b): Maintenance Records

This section applies only to aircraft with an airworthiness certificate and therefore these sections 

would need exemption. Maintenance will be accomplished by the operator pursuant to the

manufacturer’s recommendations and the operating conditions outlined in this petition. The 

operator will maintain records of maintenance performed. An equivalent level of safety will be 
achieved through the inspection and maintenance outlined above and by the records of 

maintenance and repair that will be kept as outlined in this section.