UAV DUDES, L.L.C.

16365 sw 54 ter.

Miami, Fl 33185

(786) 531-1958

Info@uavdude.us

Albertm105@gmail.com

May, 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Exemption Pursuant to Section 333

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

Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14

CFR 61.113 (a) & (b); 13 C.F.R. 61.133(a); 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);91.417 (a) & (b).

Dear Sir(s)/Madam(s): 

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

14 C.F.R. Part 11, Alberto Medina & Uav Dudes , L.L.C., a Florida limited liability company, the 

operator of a DJI f550 ("UA"), seeks an exemption from the Federal Aviation Regulations 

("FARs") as listed and discussed below.

Alberto Medina & UAV DUDE LLC team has flown its UAs, for recreational purposes, for 

hundreds of hours without incident. Our UAs are equipped to take aerial videography and 

photography to enhance awareness for those individuals and companies unfamiliar with the 

geographical layout of certain areas and augment real estate listings and promote the use of 

certain real estate properties which provides an enhancement to academic research being 

performed in certain geographical areas ("purpose").

This exemption request for UAV Dudes and Alberto Medina will permit the operation of 

comparatively inexpensive UAs in tightly controlled, predetermined and limited airspace. This 
airspace will include areas away from general public, airports, heliports and vehicular traffic for 

community videos, and within property boundaries for real estate listing videos and photos.

The use of UAV Dudes LLC & Alberto Medina UAs for these purposes above reduces the need 

to operate conventional aircraft, typically needed to perform these types of operations, provides 

an economic benefit to the business consumer as our UAs provides higher quality imagery at a 

fraction of the cost of aerial videography and photography using conventional aircraft. These 

savings result in not only enhanced efficiency and productivity for the affected activities but 

added environmental and safety benefits to the public at large in Miami Dade County.

As described more fully below, Alberto Medina & UAV Dudes LLC requested exemption would 

authorize commercial operations of aerial videography and photography, using our UAs, which 

will be operated under controlled conditions at an altitude of no greater than three hundred (300) 

feet AGL in airspace that is limited in scope and will have automated control features including 

failsafe’s like Geo fencing not allowing for the UAs to fly outside set scope boundaries and a 

Return to home feature when it is low on battery (25%). Alberto Medina & UAV Dudes UAs will 

also be operated by an individual who has passed an FAA approved ground training exam, if 

required by the FAA. As outlined below, the airspace in which Alberto Medina & UAV Dudes 

LLC UAs will operate within will be disclosed to the FAA in advance to flight operation. Finally, 

Alberto Medina & UAV Drone Dudes LLC UAs will be used in lieu of comparatively hazardous 

operations now conducted with fixed wing and rotary conventional aircraft which should 

reassure the FAA that these operations will achieve at least an equivalent level or greater level 

of safety.

As discussed above and more fully described below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive UAs under controlled conditions in 

airspace that is limited and predetermined. Approval of this exemption would thereby enhance 

safety and fulfill the Administrator responsibilities to " ... establish requirements for the safe 

operation of such aircraft systems in the national airspace system." Please see Section 333(c) 

of the Reform Act.

Additionally, the FAA has already granted a previous exemption which is essentially identical to 

the exemption being sought by UAV DUDES, L.L.C. Please see FAA Exemption No. 11138.

The name and address of the applicant is:

Alberto Medina & UAV DUDES, L.L.C.

16365 SW 54 ter.

Miami, Fl 33185

(786) 531-1958
REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

13 C.F.R. 61.133(a)

14 C.F.R. 91.7(a)

14 C.F .R. 91.9(b )(2)

14 C.F.R. 91.103

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)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law 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 UAs 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 UA'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 operator.

Reform Act§ 333 (a).

Lastly, 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." Id. §333(c) (emphasis added). 1

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

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

§40101 of the Act; that includes UAs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may 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 Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1).

Alberto Medina & UAV Dudes LLC UAs are rotorcraft weighing less than five (5) pounds 

(2.26796 Kg) including energy source(s), equipment and any payload. They operate, under 

normal conditions at a ground speed of no more than thirty (30) knots and have the capability to 

hover, and move in the vertical and horizontal plane simultaneously. The UAs will operate only 

in line of sight and within safe. Such operations will insure that the UA will "not create a hazard 

to users of the national airspace system or the public.”3

Given the small size of the UAs involved and the restricted environment within which they will 

operate, Alberto Medina & UAV Dudes LLC 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 UAs to commence immediately. Also due to the size of the UAs and 

the restricted areas in which the relevant UAs 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 the significant public benefit, including 

enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UAs for aerial videography and photography operations, the grant of the requested 

exemptions is in the public interest. Additionally, there is economic efficiency created with the

use of UAV Dudes LLC UAs as the typical cost to perform aerial videography and photography 

with helicopters and airplanes heavily multiplies the cost to business consumers and 

government agencies, including law enforcement, for the services which are to be provided by 

UAV DUDES, L.L.C.
THE EXTENT AND BASIS OF THE RELIEF SOUGHT BY Alberto Medina & UAV DUDES, L.L.C.

Alberto Medina on behalf of UAV Dudes LLC submits this application in accordance with the 

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

operating that presently prevents Alberto Medina & UAV Dudes LLC from contemplated 

commercial video-graphic, photographic 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. Alberto 

Medina & UAV Dudes LLC UAs meet the definition of “small unmanned aircraft" as defined in 

Section 331 and therefore the integration of Alberto Medina & UAV Dudes LLC ultralight weight 

UAs is expressly contemplated by the Reform Act. Alberto Medina & UAV Dudes LLC would like 

to operate its ultralight weight U As 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 UA aerial videography and photography. The Reform Act guides the Administrator in 

determining the types of UAs that may operate safely in our national airspace system. These 

considerations include: weight, size, speed and overall capabilities of the UAs; whether the UAs 

will be operated near airports or heavily populated areas and; whether the UAs will be operated 

by line of sight.4 Each of these items is favorable to the grant of an exemption to Alberto Medina 

& UAV Dudes LLC. Alberto Medina & UAV Dudes LLC UAs utilize four (6) counter-rotating 

propellers for balance, control and stability. Alberto Medina & UAV Dudes LLC UAs are 

equipped with GPS barometer and auto return safety technology. Alberto Medina & UAV Dudes 

LLC UAs weigh less than five (5) pounds including camera and gimbal assembly.

4 112 P.L. 95 § 333 (a). Alberto Medina & UAV Dudes LLC puts safety first when considering 

any UA flight. Alberto Medina & UAV Dudes LLC small UAs are designed to hover in place via 

GPS and operate in less than a 24 knot (27 mph) wind. In order to increase safety plus stability 

and limit harm and financial loss of property, Alberto Medina & UAV Dudes LLC will not fly its 

UAs in winds exceeding 15 knots (17 mph). Alberto Medina & UAV Dudes LLC established 

safety systems include a GPS mode that allows its UAs to hover in place when radio controls 

are released. Alberto Medina & UAV Dudes LLC UAs have three modes to choose from, Alberto 

Medina & UAV Dudes LLC utilizes the Intelligent Orientation Control (IOC) Flight (with GPS & 

compass module)5 for aerial videography and photography. This mode is the safest, most 

reliable and stable mode to prevent accidents and being a hazard to others furthermore if a 

GPS failure was encountered the onboard barometer would take over and the UA would remain 

in Hover position. When pilot communication is lost, Alberto Medina & UAV Dudes LLC UAs are 

designed to return then slowly descend to the point of takeoff. Alberto Medina & UAV Dudes 

LLC does not operate its UAs near airports, hospitals, police heliports or news channel 

heliports. Alberto Medina & UAV Dudes LLC does not operate its UAs in areas where general 

public is within fifty (50) to one hundred (100) yards depending on location, conditions and 

weather. UAV Dudes LLC pilots and observers are constantly on alert for any manned aircraft 

and prepared to immediately abort and land the U A at the nearest and safest ground point in 

the event a manned aircraft approaches or the UAV Dudes LLC pilot or observer suspects a 

manned aircraft may approach the operating area of a UAV Dudes LLC UA. UAV Dudes LLC 

UAs are capable of vertical and horizontal operations, and are flown only within my line of sight 

of the pilot. UAV Dudes LLC UA flights generally last fifteen (20) minutes with an altitude under 

three hundred (300) and utilize battery power rather than combustible fuels. UAV Dudes LLC 
does not operate its UAs below the manufacturer's recommended minimum charge levels for 

operation preferring to remain well within a safe operating range to insure adequate 

communication between radio control and the UAs to eliminate potential for crashes, loss of 

control or hazard. Fully charged reserve batteries are on hand with to insure replacement for a 

sufficiently safe level of operation. UAV Dudes LLC operates very conservatively and does 

believe in taking risks that may cause a crash or that could create hazard to the public, property 

and manned aircraft. UAV Dudes LLC pilots have logged numerous practice flights in order to 

simulate flights for future commercial use to gain familiarization with the characteristics of this 

specific UA's performance under different temperature and weather conditions.

UAV DUDES, L.L.C is extremely cautious when operating of its UAs and will not "create a hazard to 

users of the national airspace system or the public."6 Given the small size and weight of UAV 

DUDES, L.L.C UAs, they fall well within Congress's contemplated safety zone when it promulgated 

the Reform Act and the corresponding directive to integrate UAs into the national airspace 

system. UAV DUDES, L.L.C Photography's UAs, utilized in hobby flight, has a demonstrable safety 

record and do not pose any threat to the general public or national security.

UAV Dudes LLC REQUEST WILL BENEFIT THE PUBLIC

AT LARGE

Aerial videography and photography for geographical awareness and for real estate marketing 

and promotion has been around for a long time through the use of manned fixed wing aircraft 

and helicopters. The challenge for smaller real estate companies and average landowners is 

that the expense related to manned videography and photography is cost prohibitive. Typically, 

only large businesses, large high end real estate companies and high net worth landowners are 

able to absorb such an enormous expense. This deprives non-luxury landowners and small 

revenue real estate companies from the enjoying the benefit of this valuable marketing and 

promotional tool. Manned aircraft pose a clear threat to the general public through potential 

catastrophic crashes that may occur. There are many documented events where a manned 

aircraft has crashed into populated areas with the size and combustibility of these manned 

aircraft causing large property damage, human injuries and loss of life. UAV Dudes LLC UAs 

pose no such threat since size and lack of combustible fuel alleviates any of these potential 

threat to the public.

With the passage of the Reform Act, Congress has already proclaimed that it is in the public's 

interest to integrate commercially flown UAs into the national airspace system. The grant of the 

exemption request by UAV Dudes LLC furthers the public interest through academic and visual 

awareness of the geographical benefits of certain areas and by making this cost effective 

alternative available to small real estate companies and the average landowner. UAV Dudes 

LLC ultralight UAs are battery powered and create no emissions that may harm the 

environment. In the unlikely event of a UAV Dudes LLC UA crash, the consequence is far less 

than a full size helicopter or fixed wing aircraft, which are heavy and contain combustible fuel, 

crashing and causing catastrophic devastation to the public.
The public's interest is furthered as UAV Dudes LLC minimizes ecological and crash threat by 

permitting aerial videography and photography captured through UAV Dudes LLC battery 

operated ultralight UA's. Permitting UAV Dudes LLC to immediately fly within national air space 

furthers not only public safety but economic growth.

Granting UAV Dudes LLC exemption request substantially furthers the economic impact for any 

community and for companies looking to relocate or build in a certain community as well as 

individuals looking to relocate to a community for career advancement through academic and 

geographical awareness provided by UAV Dudes LLC. In the end, the granting of this 

exemption to UAV Dudes LLC will serve as a benefit and stimulus to any community.

UAV Dudes LLC EXEMPTION WILL NOT ADVERSELY AFFECT SAFETY AND WILL PROVIDE A 

LEVEL OF SAFETY AT LEAST EQUAL TO EXISTING FAA STANDARDS

UAV Dudes LLC exemption will not adversely affect safety, as it will in fact enhance safety. UAV 

Dudes LLC ability to log significant, controlled and monitored flight time in FAA controlled 

airspace will allow UAV Dudes LLC to contribute to the innovation and implementation of new, 

novel and undiscovered safety protocols for realtors that may be embraced by the NAR2 

through consistent and ongoing cooperation with the FAA. Additionally, the FAA may utilize the 

new safety protocols for the use of UAs in FAA controlled airspace for all industries.

UAV Dudes LLC submits the following representations of enhancements to current aerial 

videography and photography:

• UAV Dudes LLC UAs weigh less than 5 pounds (2.26796 Kg) complete with the camera and 

gimbal assembly;

• UAV Dudes LLC will only operate its UAs below three hundred (300) feet which is well within 

the four hundred ( 400) feet ceiling having been established by the

Reform Act of2012;

. UAV Dudes LLC UAs only operate for fifteen (15) minutes per flight;

• UAV Dudes LLC lands its UAs prior to manufacturer's recommended minimum level of battery 

power;

. UAV Dudes LLC pilots operate the UAs through Visual Line of Sight only;

• UAV Dudes LLC UAs have a GPS flight safety feature whereby the UA hovers and then slowly 

lands if communication with the pilot is lost;

UAV Dudes LLC actively analyzes its flight data and other sources of Information to constantly 

update and enhance its safety protocols;
• UAV Dudes LLC only operates in reasonably safe environments which are strictly controlled 

and away from power lines, elevated lights, airports and actively populated areas;

• UAV Dudes LLC conducts extensive pre-flight inspections and protocol to ensure safety 

remains the primary concern;

• UAV Dudes LLC always obtains all necessary permissions from the FAA and landowners prior 

to the operation its UAs and;

• UAV Dudes LLC has established safety procedures in place to abort flights in the event of 

safety breaches or any potential danger.

UAV Dudes LLC safety protocols provide a level of safety equal to or exceeding existing FAA 

rules. It is important to note that absent the integration of commercial UAs into our national 

airspace system, manned fixed wing airplanes and helicopters are the primary means of aerial 

videography and photography for community awareness and real estate uses. While the safety 

record of such helicopters is outstanding, there have been incidents involving loss of life as well 

as extensive property damage due to crashes of these manned aircraft and it is far safer and 

less expensive to operate a battery powered UAV Dudes LLC ultralight UAs to accomplish the 

same task. The potential for loss of life is great diminished with a UA as UAV Dudes LLC UAs 

carry no people or fuel on board and the UAs are also very small and versatile which allows 

UAV Dudes LLC to avoid hazards quickly and safely.

Accordingly, UAV Dudes LLC respectfully requests that the FAA grant the requested exemption 

without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

UAV Dudes LLC proposes that 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 even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

operations conducted with conventional aircraft. The FAA has noted in past exemptions that 

"Conventional aerial video operations, using jet or piston-powered aircraft present risks 

associated with aircraft that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry 

large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and 

from the survey location. Please see FAA Exemption 11110.

These limitations and conditions to which UAV Dudes LLC agrees to be bound when conducting 

all operations under an FAA issued exemption include:

1. The UAs will weigh less than five (5) pounds (2.26796 Kg).
2. Maximum total flight time for each operational flight will be fifteen (20) minutes. Flights will be 

terminated at twenty five percent (25%) battery power reserve should that occur prior to the 

fifteen (20) minute limit.

3. Flights will be operated at an altitude of no more than three hundred (300) feet AGL.

4. Minimum crew for each operation will consist of the UA Pilot and a Visual Observer ("VO").

5. The UAs will only operate within a safe area.

6. A briefing will be conducted with regard to the planned UA operations prior to flight 

operations. It will be mandatory that all personnel who will be performing duties with regard to 

the flight operations be present for this briefing.

7. The Pilot and VO will have been trained in operation of UAs generally and received up-to-date 

information on the particular UA to be operated and the UA will be operated in conformity with 

UAV Dudes LLC protocols.

8. The PILOT and VO will at all times be able to communicate via voice communication.

9. Written and/or oral permission from the relevant property holder(s), or their authorized 

representative(s), will be obtained.

10. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

11. If the UA loses communications or loses its GPS signal, the UA will return to the launch site of 

the UA, or another more appropriate site, and land.

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

emergencies.

14 C.F.R. PART 21, SUBPART H: AIRWORTHINESS CERTIFICATES 14 C.F.R. §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 UAV Dudes LLC, 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 

for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

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

analysis of these criteria demonstrates that the UA 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 UAs to be operated hereunder is less than five (5) pounds (2.26796 Kg) fully loaded, 

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

and operates exclusively within a secured area. Unlike other civil aircraft, operations under this 
exemption will be tightly controlled and monitored by both the operator, 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 aerial videography and photography. 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 C.F.R. § 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 

U As will have no entrance to the cabin, cockpit or pilot station on which the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," may be placed. Given the size of the 

UAs, two-inch lettering will be impossible. The word "experimental," or any other term as is so 

required, will be placed on the fuselage of the UAs in compliance with §45.29 (t).

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

required by §45.29 (t) where the pilot, observer and others working with the UAs 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 C.F.R. § 61.113(A) & (B); 61.133(A): PRIVATE PILOT PRIVILEGES AND LIMITATIONS; 

PILOT IN COMMAND; COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS: PILOT IN 

COMMAND

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the UA in this case is 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 an aircraft for compensation or hire. UAV 

Dudes LLC respectfully proposes that operator requirements should take into account the 

characteristics of the particular UA. UAV Dudes LLC UAs have various built-in technical 

capabilities that strictly limit the potential for operation outside of the operating conditions set 

forth in the exemption application including a fly back to launch point to terminate the flight. 

Since hobbyists are not required to have a pilot license, UAV Dudes LLC requests exemption 

for the need of the pilot to be licensed as a pilot by the FAA.
•Detection of lost GPS or of insufficient satellites initiates an immediate return to launch location.

• Low power on the aircraft triggers escalating alarms at 30% and 15% levels.

• The aircraft weighs less than five (5) pounds (2.26796 Kg), fully loaded.

Given these safety features, UAV Dudes LLC proposes that operators of the UAs should only 

be required to hold a private pilot's license and not a commercial pilot's license. UAV Dudes 

LLC notes that the FAA has found that safety factors permitted operation of UAs by operators 

with these qualifications in the case of operations pursuant to public COAs where the mandatory 

operating conditions specified above are present. Please see Federal Aviation Administration, 

Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 

2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot 

requirements for commercial operations. Given these conditions and restrictions, an equivalent 

level of safety will be provided by allowing operation of UAV Dudes LLC UAs without a 

commercial pilot's license, under the conditions set forth herein. The risks associated with the 

operation of UAV Dudes LLC UAs (given its size, speed, operational capabilities, and lack of 

combustible fuel) are so diminished from the level of risk associated with private pilot operations 

or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or 

rotorcraft), that allowing operations of the UAs as set forth above meets or exceeds the present 

level of safety provided under 14 C.P.R. § 61.113(a) & (b) and does not rise to the level of

requiring a commercial pilot to operate the aircraft under §61.133(a).

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 PILOT operating the aircraft to have a private pilot's 

license rather than a commercial pilot's license to operate these small UAs. Unlike a 

conventional aircraft that carries the pilot and passengers, the UAs are 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. The level of safety provided by UAV Dudes LLC exceeds 

that provided by a single individual holding a commercial pilot's certificate operating a 

conventional aircraft. The risks associated with the operation of the UAs are so diminished from 

the level of risk associated with commercial operations contemplated by Part 61 when drafted, 

that allowing operations of the UAs as requested with a private pilot as the PILOT exceeds the 

present level of safety achieved by 14 C.P.R. §61.113 (a) & (b).

14 C.F.R. §91.7(A): CIVIL AIRCRAFT AIRWORTHINESS
The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

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

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

Given the size of the aircraft and the requirements for maintenance and use of safety check lists 

prior to each flight

14 C.F.R. § 91.9 (B) (2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

Section 91.9 (b) (2) provides: 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. The UAs, given 

their 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 at the ground control point where 

the pilot flying the UAs will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Please see FAA Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

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

14 C.F.R. § 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. The PILOT will take all 

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

and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: FLIGHT INSTRUCTION

Section 91.109 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. UAs 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. Please see FAA Exemption Nos. 5778K & 9862A. The equivalent level of 

safety is provided as neither a pilot nor passengers will be carried in the aircraft and by the size 

and speed of the aircraft.
14 C.F.R. §91.119: MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe 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 UAs that are a helicopter and the exemption requests authority to operate at 

altitudes up to three hundred (300) feet AGL, an exemption may be needed to allow such 

operations. As set forth herein, except for the limited conditions, the UAs will never operate at 

higher than three hundred (300) feet AGL. It will however be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without their 

pertained consent.

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

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

owner or local officials. Because of the advance notice to the property owner(s), or their 

authorized representative(s), all affected individuals will be aware of the planned flight 

operations. When one compares the flight operations proposed herein with aircraft or rotorcraft 

weighing far in excess of the less than five ( 5) pounds (2.26796 Kg) and the lack of flammable 

fuel, any risk associated with these proposed operations is far less than those presently 

presented with conventional aircraft operating at or below five hundred (500) feet AGL. In 

addition, the low altitude operations of the UAs will ensure separation between these small UAs 

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §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 UA may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent 

level of safety will be achieved by the operator, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(A): FUEL REQUIREMENTS FOR 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." UAV Dudes LLC believes that an equivalent level of 

safety can be achieved by limiting flights to fifteen (15) minutes or thirty percent (30%) of battery power 

whichever happens first. This restriction would be more than adequate to return the UAs to their 

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 C.F.R. §91.203 (A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND 

REGISTRATION

The regulation provides 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.

The UAs fully loaded weight is no greater than five (5) pounds (2.26796 Kg) 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 UA.

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

control point where the pilot flying the UA will have immediate access to them to the extent they

are applicable to the UA. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (A); 407 {A) (1); 409 (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 discrepancies repaired 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 UAV Dudes LLC. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety will 

be achieved because these small U As 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 may land immediately and will be operating from no higher than three-hundred (300) feet 

AGL. The operator will ensure that the UAs are in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. 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..

Pursuant to 14 C.F .R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed UAV Dudes LLC seeks an 

exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 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) and (b); 91.405 (a); 91.407 (a) (1 ); 

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

vehicle weighing less than fifty-five (55) pounds (25 Kg) in its operations.

Approval of exemptions allowing commercial operations of UAs in the purposes outlined above 

(or similar operations) will enhance safety by reducing risk. Conventional aerial videography and 

photography operations, using jet or piston power aircraft, operate at extremely low altitudes just 

feet from the object being photographed and often in extreme proximity to people and 

structures; and present the risks associated with vehicles that weigh in the neighborhood of four 

thousand ( 4,000) pounds, carrying large amounts of jet A or other fuel (one hundred and forty 

(140) gallons for jet helicopters). Such aircraft must fly to and from the site's location. In 

contrast, a UA weighing less than five (5) pounds (2.26796 Kg) pounds and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The UA is carried to the site of the purposes outlined above (or similar 

operations) and not flown to the site. The UA will carry no passengers or crew and, therefore, 

will not expose them to the risks associated with manned aircraft flights.

The operation of small UAs, weighing less than five (5) pounds (2.26796 Kg), conducted in the 

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

the exemptions requested herein, including exempting UAV Dudes LLC 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 

conventional operations conducted with turbine helicopters operating in close proximity to the 

ground and people.

PRIVACY

All flights will occur over private, controlled or approved property with the property owner's, or 

their authorized representative, prior consent and knowledge. The aerial videography and 

photography will be of structures and property whose owner, or authorized representative, has 

consented to the aerial videography and photography or otherwise have agreed to be in the 

area where aerial videography and photography will take place. The grant of this exemption 

request will provide improved safety in all operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012- 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 

granting of the requested exemptions allowing commercial operation of UAV Dudes LLC 

Photography's UAs.

SUMMARY OF UAV Dudes LLC REQUEST FOR AN FAA EXEMPTION

1. UAV Dudes LLC UAs must weigh less than five (5) pounds (2.26796 Kg), including energy 

source(s) and equipment. Operations authorized by the grant of an exemption are limited to the 

following aircraft: UAV Dudes LLC UA aircraft variant, bearing serial #PH645210898 onward as 

additional UAs are utilized by UAV Dudes LLC provided the additional UAs are of the same or 

similar specifications as the UA bearing serial# PH645210898. Any proposed operations of any 

other aircraft will require a new petition or a petition to amend this grant.

2. UAV Dudes LLC UAs may not be flown at a ground speed exceeding thirty (30) knots.

3. UAV Dudes LLC flights must be operated at an altitude of no more than three hundred (300) 

feet above ground level (AGL), as indicated by the procedures. All altitudes reported to ATC 

must be in feet AGL.

4. UAV Dudes LLC UAs must be operated within the VLOS of the PILOT at all times. This 

requires the PILOT to be able to use human vision unaided by any device other than corrective 

lenses.
5. All UAV Dudes LLC operations must utilize a VO. The VO may be used to satisfy the VLOS 

requirement as long as the PILOT always maintains VLOS capability. The VO and PILOT must 

be able to communicate verbally at all times.

6. Prior to each flight the PILOT must inspect the UA to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UA, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the UA is 

found to be in a condition for safe flight. A Ground Control Station, if utilized, must be included. 

in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

7. Any UA that has undergone maintenance or alterations that affect the UA's operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight. The PILOT who conducts the functional test flight must make an entry in the UA's aircraft 

records of the flight.

8. UAV Dudes LLC must follow the manufacturer's UA aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirements 

must be established and identified. At a minimum, requirements for the following may be 

included in protocols and controls to be established by UAV Dudes LLC:

a. Actuators/Servos;

b. Transmission (single rotor);

c. Power plant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

1. Ground control station (if used); and

J. Any other components as determined by UAV Dudes LLC.

10. Prior to operations conducted for the purposes outlined above (or similar operations), the 

PILOT must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a 

minimum of twenty-five (25) hours of total time as a UA rotorcraft pilot (single blade or multirotor) and at least ten (1 0) hours logged as a UA pilot with multi -rotor U A which is similar to 

the UA to be utilized pursuant to this exemption. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. Training, 
proficiency, and experience-building flights must be conducted under an exemption to 

accomplish the required flight cycles and flight time. During training, proficiency, and 

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

nonparticipants, and the PILOT must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

11. Prior to operations conducted for the purposes outlined above (or similar operations), the 

PILOT must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a 

minimum of five (5) hours as a UA pilot operating the make and model ofUAs to be utilized for 

operations under the exemption and three (3) take-offs and three (3) landings in the preceding 

ninety (90) days. Training~ proficiency, experience-building, and take-off and landing currency 

flights can be conducted under the grant of exemption to accomplish the required flight time and 

ninety (90) day currency. During training, proficiency, experience-building, and take-off and 

landing currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PILOT must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 CFR § 91.119.

12. UAV Dudes LLC shall not permit the PILOT to operate the UAS for the purpose of aerial 

videography or photography (or similar operations), unless the PILOT has demonstrated and 

logged in a manner consistent with 14 CFR 61.51 (b), the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

13. The UA may not be operated directly over any person, except authorized and consenting 

personnel and persons, below an altitude that is hazardous to persons or property on the 

surface in the event of a UA's failure or an emergency.

14. At all times, those persons must be essential to the purposes outlined above (or similar 

operations). Because these procedures are specific to participating persons, no further FSDO or 

aviation safety inspector approval is necessary for reductions to the distances specified in UAV 

Dudes LLC manuals.

15. UAV Dudes LLC flight operations must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless:

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

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

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

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

operations must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller 

of such vessels, vehicles or structures has granted permission and the PILOT has made 

a safety assessment of the risk of operating closer to those objects and determined that 

it does not present an undue hazard, and;

c. Operations nearer to the PILOT, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per§ 91.119(a).

16. If the UAs lose communications or loses its GPS signal, the UAs must return to a predetermined location within the security perimeter and land or be recovered.

17. The UAs must abort the flight in the event of unpredicted obstacles or emergencies.

18. Each UA operation must be completed within fifteen (15) minutes flight time or with thirty 

percent (30%) battery power remaining, whichever occurs first.

19. UAV Dudes LLC must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under this grant of exemption. This 

COA will also require UAV Dudes LLC to request a Notice to Airman (NOT AM) not more than 

seventy-two (72) hours in advance, but not less than forty eight ( 48) hours prior to the 

operation.

20. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

21. UAV Dudes LLC has developed procedures to document and maintain a record of the UA's 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAs.

22. Each UA operated under this exemption must comply with all manufacturer Safety Bulletins.

23. The preflight inspection section in UAV Dudes LLC Confidential Protocols and 

Controls Exhibit includes the following requirement: The preflight inspection must 

account for all discrepancies, i.e. inoperable components, items, or equipment, not 

covered in the relevant preflight inspection.
24. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

25. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PILOT at the Ground Control Station, if utilized, of the UA at any time the UA is 

operating. These documents must be made available to the Administrator or any law 

enforcement official upon request.

 26. UAV Dudes LLC UAs must remain clear and yield the right of way to all 

other manned operations and activities at all times (including, but not limited to, ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.).

27. UAV Dudes LLC UA operations may not be conducted during night, as defined in 14 CFR § 

1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

28. UAV Dudes LLC UAs may not be operated by the PILOT from any moving device or vehicle.

29. UAV Dudes LLC UAs may not be operated less than five-hundred (500) feet below or less 

than two-thousand (2,000) feet horizontally from a cloud or when visibility is less than three (3) 

statute miles from the PILOT.

30. UAV Dudes LLC UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within five (5) nautical miles of the geographic center of 

a non-towered airport as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport's management is obtained, and the operation is conducted in 

accordance with a NOT AM as required by the UAV Dudes LLC COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UA 

Integration Office (AFS-80) within twenty-four (24) hours. Accidents must be reported to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

32. UAV Dudes LLC UAs, the UA's PILOT, and the UA's operations must comply with all 

applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

As mentioned above, the FAA has already granted a previous exemption which is essentially 

identical to the exemption being sought by UAV Dudes LLC in this petition for an exemption. 

Please see FAA Exemption No. 11138.