FAA Exemption RulemakingSection 333 of the 

FAA Reform Act and Part 11

Prepared by Steven Scott, DBA Photoflite 

(a sole proprietorship) 

858-442-6565 /Steve@photoflite.com

6/19/2015
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13831 Wayland Grove Court, 

Poway CA 92064

858-442-6565 /Steve@photoflite.com

Attention: United States Secretary of Transportation

Mr.Anthony R. Foxx 

1200 New Jersey Ave, SE

Washington, DC 20590 

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

the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR Part 21; 14

CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119;

91.121; 91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) & (b)

Dear Mr. Secretary,

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

and 14 CFR Part 11, Photoflite an llc company and operator of Small Unmanned Aircraft

Systems (“sUASs”) equipped to conduct aerial photography for real estate marketing purposes,

for aerial imaging for inspection and monitoring of secured and controlled environments with respect to 

construction sites, flare stacks, transmission towers, and other related industrial elevated structures, 

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

commercial operation of its sUASs, so long as such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA as required by Section 333.

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

unmanned and relatively inexpensive sUAS under controlled conditionsin airspace

that is 1) limited 2) predetermined and 3) controlled as to access. Approval of this exemption

would thereby fulfill the Secretary of Transportation’s(the responsibilitiesto

“...establish requirementsfor the safe operation of such aircraftsystemsin the national

airspace system.” Section 333 (c) of the Reform Act.

The name and address of the applicant is:

Photoflite Attn: Steven Scott Phone: (858)442 -6565 

Email: Steve@photoflite.com: aston44me@yahoo.com

13831 Wayland Grove ct Poway California, 92064
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Regulationsfrom which the exemption is requested:

14 CFR Part 21 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333

(a) through (c) of the Reform Act. This directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In

making this determination, the Secretary is required to determine which types of UASs 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 UAS’s size, weight,speed, and operational capability:

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

• Operation of the UAS within Visual Line of Sight (VLOS) of the Pilot and Observers.
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Reform Act §333 

(a). Lastly, if the Secretary determinesthat such vehicles “may operate safely in the national

airspace system, the Secretary shall establish requirementsfor the safeoperation of such

aircraft in the national airspace system.” Id. §333 (c) (emphasis added). The Federal Aviation

Act expressly grantsthe FAA the authority to issue exemptions. This statutory authority by its

termsincludes exempting civil aircraft, as the term is defined under §40101 of the Act; that

includes sUASs, from the requirementthat all civil aircraft must have a current airworthiness

certificate. The Administratormay grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if

the Administratorfinds the exemption in the public interest. 49 U.S.C. §44704; 14 CFR §91.203

(a) (1).

Photflite’s sUAS(s) are small rotorcraft aircraft, weighing 6.5 lbs including sensor payload. They

operate their rotorcraft, under normal conditions at a speed of no more than 42 knots, usually

3-5 knots, and have the capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will manually operate only in Visual Line of Sight and will operate only

within the operating parameters as described in the Operating Manual attached as

Attachment1.

Adherence to the Operating Manual will insure that the UAS will “not create a hazard to the

national airspace system or the public.”

Given the small size and weight of the sUAS involved and the restricted sterile environment

within which they will operate, the applicant falls squarely within that zone of safety (an

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption,

allow commercial operations of UASs to commence immediately. Also due to the size of the

UASs and the areas in which the relevantsUAS will operate, approval of the application

presents no national security issue. Given the clear direction in Section 333 of the Reform Act,

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

level of safety, surrounding the proposed operations, and significant public benefit, including

enhanced safety, reduction in environmental impact, including reduced

emissions associated with allowing UASs for educational and marketing operations, (as

opposed to full scale aircraft),the granting of the requested exemptionsis in the public

interest. Accordingly, the applicant respectfully requests that the FAA grant the requested

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposesthat the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for

at least an equivalent or possibly higher level of safety to operations under the current
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regulator structure because the proposed operations represent a safety enhancement to the

already safe filming operations conducted with conventional aircraft. These limitations and 

condition to which Photoflite agrees to be bound when conducting commercial operations

under an FAA issued exemption include:

1. The sUAS will weigh less than 6.5 lbs. 

2. Flights will be operated manually within visual line of sight (VLOS) of the Pilot and

aircrew (Spotter/ Observer). 

3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be

terminated at 35% battery power reserve should that occur prior to the 20 minute

limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL, though most

operations will be conducted within 50 feet of the ground

5. Minimum two (2) man crew for each sUAS operation will consist of the Pilot and

Spotter/ Observer. In most cases the third aircrew member will serve as the Safety Officer. 

6. The sUAS Pilot will be an FAA licensed airman with at least a sport’s pilot’s certificate. The 

Spotter (Observer) will be over 18 years of age, with a valid drivers’ license.

7. The sUAS Pilot will serve as Pilot in Command (PIC). If a pilot certificate holder, other

than the sUAS Pilot, possessesthe necessary PIC qualifications and is also

present, that person can also be designated as PIC.

8. The sUAS will only operate within an area as defined in the Manual on pages 21-22.

Additionally, the sUAS will only operate under 400ft AGL, and outside a 3 statute mile radius of

any airport. The sUAS will never enter any MOA or Restricted Airspace, nor shall it violate any 

TFR as outlined by the FAA.
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9. A pre-flight briefing will be conducted in regard to the planned sUAS operation prior to 

each day’s flying / recording activities. It will be mandatory that all personnel who will be

performing duties as “flight crew”

be present for this briefing. 

10. The Operator will obtain the consent of all persons involved in the filming and ensure

that only consenting persons will be allowed within 100 feet of the flight operation, and this

radius may be reduced to 30 feet based upon an equivalent level of safety determination.

11. Pilot, and Spotter (Observer) will have been trained in operation of sUAS generally and

received up-to-date information on the particularsUAS to be operated.

12. Spotter (Observer) and Pilot will at all times be able to communicate by voice or radio.

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre- determined location and land. 

15. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as

safe, or safer, than a conventional aircraft (fixed-wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 6.5 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively
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within a limited radius area as set out in the pre flight briefing / VLOS operations. Unlike other

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

the Operator, pursuant to safety requirements, and under the requirements and in

compliance with local public safety requirements, to provide security for the area of operation

as is now done with conventional aircraft. These safety enhancements, which already apply to 

civil aircraft operated in connection with video production, provide a greater degree of safety to

the public and property owners than conventional operations conducted

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

application of these same criteria demonstrates that there is no credible threat to national

security posed by the UAS, due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR §45.23 (B): Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed

on limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance to the

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the

words “limited,” “restricted”, “light-sport,” “experimental,” or “provisional,” as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as

the UAS will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible.

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as

required by §45.29 (f) where the Pilot, Spotter (Observer) and others working with the sUAV

will see the identification of the UAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations – Pilot in Command (PIC)

Sections 61.113 (a) & (b) limit private pilots to non- commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of

safety of current operations by requiring the PIC operating the aircraft to have a sport pilot’s

license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living

thing on board. The area of operation is controlled and restricted, and all flights are planned

and coordinated in advance as set forth in the Operating Manual. The level of safety provided

by the requirementsincluded in the Operating Manual meets that provided by single individual
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holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated

with commercial operations contemplated by Part 61 when drafted, that allowing operations of

the sUAS as requested with a sport pilot as the PIC exceeds the present level of safety achieved

by 14 CFR §61.113 (a) & (b).

14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requiresthat no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness certificate issued for the aircraft, this exemption

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

the size of the aircraft and the requirements contained in the Operating Manual for 

maintenance and use of safety checks prior to each flight, as set forth in the Operating Manual,

an equivalent level of safety will be provided.

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: 

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.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on

the aircraft, not only because there is no pilot on board, but because there is no room or

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the Operating Manual at the

ground control point where the pilot flying the sUAS will have immediate access to it. The FAA

has issued the following exemptionsto this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700.

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure

the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the

aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth

in the Operating Manual. The PIC will take all actions including reviewing weather, flight
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battery requirements, landing and takeoff distances and aircraft performance data before

initiation of flight.

14 CFR §91.109: Flight Instruction

Section 91.103 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 functioning dual 

controls. SUASs and remotely piloted aircraft, by their design do not have fully functional dual

controls. Flight control is accomplished through the use of a control box that communicates

with the aircraft via radio communications. 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. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety

provided by the fact that aircraft will be piloted by a certified sport pilot who has previously

trained in remote flight areas before attempting flight within filming distance of structures.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishessafe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the

FAA. As this exemption is for a sUAS, Photoflite requests authority to operate at altitudes up to

400 ft. AGL; an exemption may be needed to allow such operations. As set forth herein, the

UAS will never operate at higher than 400 ft. AGL. It will however be operated in a controlled

area where buildings and people will not be exposed to operations without their

pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as location where it is operated. No flight will be taken without the permission of the property

owner. Because of the advance notice to the property owner and participants in the 

photographic activity, all affected individuals will be aware of the planned flight operations

as set forth in the Operating Manual. Compared to flight operations with aircraft or rotorcraft

weighing far more than the maximum 5 lbs. proposed herein and the lack of flammable fuel,

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

conventional aircraft operating at or below 500 ft. AGL. In addition, the low-altitude operations

of the sUAS will ensure separation between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the sUAS will not have a

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 
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equivalent level of safety will be achieved by the operator, pursuant to the Operating Manual

and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 CFR §91.151 (a): Fuel Requirementsfor Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions)there is enough fuel to fly

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the sUAS provides approximately 25 minutes of powered flight. To meet

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be impossible. Given

the limitations on the UAS’s proposed flight area and the location of its proposed operations

within a predetermined area, a longer time frame for flight in daylight or night VFR conditionsis

reasonable.

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where

only people and property owners or official representatives who have signed waivers will be

allowed, with less than 30 minutes of reserved fuel, does not engenderthe type of risks that

Section 91.151 (a) was intended to alleviate given the size and speed of the small UAS.

Additionally, limiting sUAS flights would greatly reduce the utility for which the exemption will

be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 25

minutes or 35% of battery power whichever happens first. This restriction would be more than

adequate return the sUAS to its planned landing zone from anywhere in its limited operating

area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation providesin pertinent part:

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

the following:
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(1) An appropriate and current airworthiness certificate... (b) No person may operate a

civil aircraft unless the airworthiness certificate required by paragraph (b) 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.

The UAS fully loaded weighs no more than 6.5 lbs. and is operated without an onboard Pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the Pilot flying the sUAS will have immediate access to them, to the extent

they are applicable to the sUAS, and should they be issued. The FAA has issued numerous

exemptionsto this regulation. A representative sample of other exceptions includes Exemption

Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph C of this section, have discrepanciesrepaired as prescribed in Part 43 of

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator; pursuant to the Operating manual. An equivalent level of safety will be achieved

because these small UASs are very limited in size and will carry a small payload and operate

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 ft. AGL. As provided in the 

Operating Manual, the PIC (operator) will ensure that the UAS is in working order prior to

initiating flight, and perform required maintenance. Moreover, the operator 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.
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********* 

Pursuant to 14CF R, summary is provided for publication in the Federal Register, should it be

determined that publication is needed:

Applicantseeks an exemption from the following rules:

 

14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);

91.103 (b); 91.109; 91.119;91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 91.407 (a)

(1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle

(6.5lbs or less) in Educational and Marketing operations.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowledge, or over remote public land. Image capture of people will rarely take

place, but in the event they are, they will have consented prior to being filmed or otherwise

have agreed to be in the area where data collection will take place.

Airborne Image Capture

With regard to airborne filming, Photoflite adheres to all FAA regulations. Further Photoflite’s

airborne teams operate under the principals of: Safety First, Quality Assurance, Accountability,

Reporting, and Training. When approved by the FAA it is Photoflite’s mandate to treat all sUAS

operations the exact same level of professionalism and seriousness as that of conventional

aircraft.

Approval of exemptions allowing commercial operations of sUASs in the real estate industry

will enhance safety by reducing risk. Conventional filming operations, using turbine or piston

powered aircraft present the risks associated with vehicles that weigh in the neighborhood of 

2,000lbs.+, carrying large amounts of Jet A or 100LL. Such aircraft must fly to and from

photographing location. In contrast, a sUAS weighing fewer than 6.5lbs and powered by

batteries eliminates virtually all of the risk given the substantial reduced mass and lack of

combustible fuel carried on board. The sUAS is typically transported to the location via auto or 

cargo van in a medium sized case and is never flown to set. The sUAS will carry no passengers

or crew and, therefore, will not expose them to the risks associated with manned aircraft

The operation of small UASs, weighting less than 6.5lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions

requested herein, including exempting the applicant from the requirements of Part 21 and

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a sterile environment and, as a result, are far safer than ground than 

conventional operations conducted with piston helicopters or fixed wing aircraft operating in

relatively close proximity to the ground and people.
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The primary market of interest for Photoflite utilizing sUASs is the marketing of real property,

the education of real estate professionals, aerial photography, and site surveys.

It is anticipated that the airborne image capture process will be accomplished exclusively in day

time VFR environments. To capture the highest quality of resolution the majority of airborne

data collections will take place during the 10:00am – 4:00pm window.

Summary

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security – provide more than adequate justification for the

grant of the requested exemptions allowing commercial operation of applicant’s sUAS in the

real estate industry pursuant to the Operating Manual appended hereto. Photflite is eagerly

standing by to support the FAA and sUAS community in its quest to establish proper regulations

and protocolsfor the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Steven Scott

Principal: Photflite

13831 Wayland Grove ct

Poway CA, 92064

(858) 442-6565 Cell

At tachments:

 Steven Scott – California Driver’s License

 Steven Scott – USA Sports Pilot License

 Inspire User Manual (Inspire is the intended sUAS to be used.
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ATTACHMENTS

Identification and Pilots certificate 

available upon request.