Brad Nelson

3297 Abigail Ct.

Jonesboro, AR 72404

brad@nelsontc.com Website: 

www.cloud9aerial.com

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2)

14 CFR 91.417(a) and (b)

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

CFR Part 11, James Bender, operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of 

designated UAS, provided such operations are conducted within and under the conditions outlined 

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

Commercial operation of an UAS, as described herein, which are equipped with camera(s)

and sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but

not limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

6. Training to persons individually or belonging to both private and/or public organizations to

increase awareness and improve safety for current and future UAS operations within the

NAS.

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

UAS as set forth in this document under controlled conditions in the NAS that would be a)

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase

public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of
Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements

for the safe operation of such aircraft systems in the national airspace system.”

I plan to operate a UAS, the DJI PHANTOM 2 Professional which is comprised of an unmanned 

aircraft (UA or Phantom 2) and a transportable ground station. The Phantom 2 is referred to as a 

quad-copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are 

driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. 

Also, given the small size of the UAS’s involved and the restricted controlled environment within

which they will operate, the applicant fits 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 controlled areas in

which the relevant UASs will operate, approval of the application presents no national security 

issue. Given the following, the grant of the requested exemptions is clearly in the public interest: 

Brad Nelson 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 

an exceptional level of safety to operations. These limitations and conditions to which James 

Bender agrees to be bound when conducting commercial operations under an FAA issued 

exemption including: 

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

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

5. UAS operator will be trained and certified in the proper safety and operations of the UAS.

6. The UAS will only operate within a controlled area as defined in the Procedures.

7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and received up-to-date

information on the particular UAS to be operated as required.

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

return to a pre-determined location within the Security Perimeter and land.

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

emergencies.

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and

are prepared to modify or amend any part of this request to satisfy the need for an equivalent

level of safety. We look forward to working with your office. Please contact us at any time if

additional information or clarifications are needed.

Sincerely, 

Brad Nelson