U.S. Department of Transportation

Docket Operations

1200 New Jersey Ave, SE

Washington, D.C. 20590

September 14, 2015

Request for Section 333 Exemption

This is an exemption request pursuant to section 333 of the FAA Reform Act of 2012 for Ryan Zimmerman. I, 

Ryan Zimmerman, request to perform aerial photography through the use of small unmanned aircraft 

commercially in airspace regulated by the FAA.

Description of Petitioner:

Ryan Zimmerman has a Bachelor of Science in Aviation with an emphasis in Professional Flight. He possesses

an Airline Transport Pilot’s License as well as a Certified Flight Instrument Instructor rating. He has vast 

knowledge and experience operating in all classes of the NAS.

Contact Information:

Ryan Zimmerman

2507 Meadowrose Blvd.

St. Cloud, MN 56301

rdzimmerman@gmail.com

Commercial Operations:

Exemption is requested for aerial photography/video for commercial use including real estate, land surveying, 

architecture, marketing, and other related activities. Aerial photography/video for inspection of commercial 

property, agriculture and commercial construction. Aerial photography/video for commercial use including 

public events.

Exemptions:

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H

14 CFR 45.23

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2)

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
Description of UAS

The primary UAS that will be used is the DJI Phantom 3. The UAS will be safely operated in the NAS by 

maintaining line of sight visual contact, flown only during daylight, and at less than 400 feet AGL. Flights will 

be operated at a lateral distance of no less than 100 feet from any persons or property not associated with the 

operation. All flights will be preplanned and owner approval will be obtained for flights over private property. 

Additional safety features of the DJI Phantom 3 include return to home functionality when GPS is available 

and failsafe technology that returns the aircraft to the takeoff point if batteries run low. Also, the max flight 

time for the UAS will be limited to maintain a reserve of 25% battery power. At all times, the UAS will be 

operated in accordance with the safety and operational requirements of the manual.

UAS Operations

Preflight would include checking the operation of the UAS to include the battery of both the UAS and the 

transmitter, the condition of the body of the UAS, and its propellers. Updates to the firmware will be done as 

they become available and maintenance will be performed pursuant to the manufacturer’s recommendations. 

The area in which the UAS will be flown will be checked for power lines, antennas, and other obstructions. 

The weather conditions will be monitored throughout the flight. Wind conditions will be reviewed and the 

UAS will only be flown in daylight during VFR conditions.

Regulations from which an exemption is requested

14 CFR Part 21 Subpart H and 14 CFR Part 91.7 (a)

The size, weight and enclosed operational area of the UAS permits exemption from Part 21 because the UAS 

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

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's 

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

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

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable. Proper 

maintenance will be regularly applied to keep the UAS airworthy.

14 CFR 45.23

An exemption is requested from displaying the aircraft “N” number on the aircraft and from displaying the 

words “limited”, “restricted”, “light-sport”, “experimental”, or “provisional” as applicable. There is no 

entrance into a UAS and the aircraft is not large enough to display letters two inches tall. The equivalent level 

of safety will be provided by marking “Experimental” on the UAS casing where the pilot or other observers 

will see the identification.

14 CFR 61.113 (a) & (b)

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial operations. The 

petitioner can achieve an equivalent level of safety as achieved by current regulations because my UAS does 

not carry any pilots, property, or passengers. The risk is far less than that of commercial activities of a private 

or commercial pilot.

14 CFR 91.9 (b) (2)
An exemption is requested from carrying a current and approved Flight Manual, marking and placards. The 

UAS is not large enough to carry any of these items. An equivalent level of safety will be maintained by 

keeping the flight manual at the launch site where the pilot will have access to it.

14 CFR 91.119 (c)

An exemption is requested from operating over sparsely populated areas closer than 500 feet. An exemption is 

requested to operate up to 400 feet AGL. Given the size, weight and controllability of the UAS, an equivalent 

level of safety will be met. No flight will operate over private property without the permission of the owner. 

All UAS activities will be preplanned.

14 CFR 91.121

An exemption is requested from operating by reference to an altimeter set to the departure elevation. An 

equivalent level of safety is met by using an Above Ground Level measurement that is displayed on the aircraft 

transmitter held by the pilot.

14 CFR 91.151 (a)

An exemption from the requirement to operate an aircraft with 30 minutes of fuel reserve is requested. The 

battery power of the UAS is approximately 25 minutes in length. An equivalent level of safety is met by the 

transmitter display. A digital readout of the battery percentage is available. Additionally the aircraft LED lights 

flash read and an audible alarm is sounded when the aircraft has a low battery state. If the UAS is not landed, 

the return to home safety feature is engaged. The max flight time for the UAS will be limited to maintain a 

reserve of 25% battery power.

14 CFR 91.203 (a) & (b)

An exemption is requested from carrying an airworthiness certificate that is displayed and legible. The UAS is 

not large enough to carry additional items. An equivalent level of safety will be met by storing any registration 

documents at the aircraft launch point with the pilot. Additionally, the UAS will be marked “Experimental.”

14 CFR 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)

An exemption is requested from having the UAS inspected as prescribed in Subpart E. These inspections only 

apply to aircraft carrying an airworthiness certificate. Maintenance will be done according to the UAS Manual, 

manufacturer recommendations, and available firmware upgrades. In order to ensure an equivalent level of 

safety, the pilot will inspect the aircraft before each flight.

Public Interest

Aerial videography has been available for a long time through manned fixed wing aircraft and helicopters. But 

for most business owners, nonprofit leaders, and individuals, its expense has been cost-prohibitive. Granting 

this exemption to the Petitioner would allow me to provide this service at a much lower cost. This service 

could enable nonprofit organizations to further fulfill their missions for the communities they serve. Further, 

the small UAS being utilized in this application will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft.

Thank you for your consideration,

Ryan Zimmerman