January 12, 2016

U.S. Department of Transportation 

Docket Management System 

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 form: 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 (b); 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 91,407 (a) (1); 14 CFR 91.409 (a) 

(2); 14 CFR 91.417 (a) & (b). 

Dear Sir or Madam,

In pursuant with section 333 of the FAA Modernization and reform Act of 2012 

and 14 C.F.R. Part 11, I, Donald Jones, DBA CycleHere Media, an operator of a 

small Unmanned Aircraft System (sUAS) hereby apply for an exemption from the 

listed Federal Aviation Regulations to allow commercial operations of its sUASs, 

so long as such operators are conducted within and under the conditions outlined 

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

My request is for a waiver of the sections identified below in an effort to operate a 

sUAS for commercial video and photography. My wife and I own a home based 

video and photography business. Operating a sUAS would offer customers and 

tourism destination clients a unique point of view for their video and photos. My 

request is to operate a sUAS, DJI Inspire 1, for commercial purposes to record 

aerial video and photographs of vacation destinations and real estate. 

The DJI Inspire 1 Model T600 weighs 6.47 lbs. with battery Included.

Aerial photography and videography as an available service to the public allows for a 

much more inexpensive method to capturing the video and photographs to help 

show off a property, market a business or tourist destination. The alternative of full 

size aircraft and helicopters are expensive to rent, create lots of noise, and are much 

more threatening due to size and combustible fuel.

As described more fully below, the requested exemption would permit the 

operation of a sUAS under controlled conditions in airspace that is limited, 

predetermined, controlled as to access and would provide safety enhancements 

to the already safe operations within commercial use. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation’s (the 

FAA Administrator’s) responsibilities to “establish requirements for the safe 

operation of such aircraft system in the national airspace system. “ Section 

333(c) of the Reform Act.
Information Supporting this Petition as Specified in 14 C.F.R. §11.81 

Name and address of the applicant: 

Name: Donald Jones

DBA: CycleHere Media

Phone: (919) 389-0342

Email: donald@cycleheremedia.com

Address: 2402 Shore Drive St. Augustine, Florida 32086

 

(b) The specific section or sections of 14 C.F.R. from which Donald Jones, DBA 

CycleHere Media, seeks an exemption 

• 14 CFR Part 21 

• 14 CFR 45.23 (b) 

• 14 CFR 61.113 (a) & (b) 

• 14 CFR 61.7 (a) 

• 14 CFR 91.9 (b) (2) 

• 14 CFR 91.103 (b) 

• 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 91,407 (a) (1) 

• 14 CFR 91.409 (a) (2) 

• 14 CFR 91.417 (a) & (b) 

(c) The extent of relief CycleHere Media seeks, and the reason CycleHere Media 

seeks the relief, CycleHere Media seeks an exemption for several provisions of 

14 C.F.R. Parts 21, 45, 61, and 91 to the extent to operate a small UAS to record 

aerial video for cinematographic purposes. 

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 rule making required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which type of 

UAS’s 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 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.” 

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 sUASs, from the 

requirement that all civil aircraft have a current airworthiness certificate. 

The Administration 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). 

14 C.F.R. 21 – Subpart H Certification procedures for products and parts, 

Airworthiness Certificate 

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. 21 – 

Subpart H, which states the certification procedures for products and parts as 

well as airworthiness certificates. The sUAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive material or flammable liquid fuels, and operates exclusively within a 

relatively small-secured area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the Pilot/”Operator” and the 

visual observer. These safety enhancements, which already apply to civil aircraft 

operated to conduct aerial videography and photography services, provide a 

greater degree of safety to the public and property owners than conventional 

operations 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 threat to national security posed by the UAS, due to its size, speed of 

operation, limited operational area, lack of explosive material or flammable liquid 

fuels, and inability to carry a substantial external load. 

14 C.F.R. §45.23 (b). Marking of the Aircraft

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §45.23, 

which discusses the display of marks. Specifically, section §45.23 states, “(a) 

each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. Each suffix letter used in the marks displayed 

must also be a Roman capital letter (b) 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 certified aircraft, the 
operator must also display on that aircraft near the 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. 

Donald Jones, DBA CycleHere Media, will need exemption from this regulation 

due to the small size of the aircraft and that there is no cabin, cockpit, or pilot 

station for the aircraft. The equivalent level of safety will be provided by having 

the UAS marked on its fuselage as required by §45.29 (f) where the pilot, 

observer and others working with the UAS will see the identification of the UAS 

as “Experimental.” 

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

Command. 

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §61.113, 

which discusses private pilot privileges and limitations for the pilot in command 

(PIC). 

Donald Jones, DBA CycleHere Media, is seeking exemption from this regulation, 

because CycleHere Media believes that there is inconclusive evidence that a 

person with a private pilot certificate can successfully maneuver a sUAS without 

first hand flight experience with the particular sUAS. In fact, having a private pilot 

license does not automatically ensure competence at flying a sUAS in 3rd person 

view as required to properly operate a sUAS with the required line of sight. The 

area of operation is limited and all flights are planned and coordinated in 

advance. Therefore, CycleHere Media believes that our own flight training with 

the sUAS will be more than satisfactory. 

14 C.F.R. §91.7(a): Civil Aircraft Worthiness. 

Donald Jones, DBA CycleHere Media, seeks exemption from 14. C.F.R. §91.7(a), 

which the regulation requires that no person may operate a civil aircraft unless it 

is in airworthy condition. As there will be 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 for maintenance and 

use of safety checklists prior to each flight, an equivalent level of safety will be 

provided. 

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Donald Jones, DBA CycleHere Media, seeks exemption 14. C.F.R. §91.9 (b) (2), 

which in 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. 

Donald Jones, DBA CycleHere Media, is seeking exemption from this regulation 

due to the sUAS 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 flight manual at 

the ground control point where the “Pilot/”Operator” “ flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

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

14 C.F.R. §91.103 – Preflight Actions 

Donald Jones, DBA CycleHere Media, is seeking exemption from 14 C.F.R. 

§91.103, which states that each pilot in command shall, before beginning a flight, 

become familiar with all available information concerning that flight. This 

information must include: (a) For a flight under IFR or a flight not in the vicinity of 

an airport, weather reports and forecast, fuel requirements, alternatives available 

if the planned flight cannot be completed, and any known traffic delays of which 

the pilot in command has been advised by ATC; actions including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before starting a flight. 

Donald Jones, DBA CycleHere Media, will be operating his sUAS in VFR (visual 

flight rules). CycleHere Media will conduct preflight procedures directly pertaining 

to his sUAS Manual, which includes equipment checklist as well as preplanning 

details regarding weather conditions, review of any possible flight path of general 

aviation, out mission flight path and weather conditions amongst other 

parameters required to complete the mission. 

14 C.F.R. §91.109: Flight Instruction 

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §91.109, 

which discusses flight instruction, simulated instrument flight, and certain flight 

tests. Specifically, §91.109 states “(a) No person operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functional dual controls.” 

Donald Jones, DBA CycleHere Media, believes that there is inconclusive 

evidence that a person with a private pilot certificate or license can successfully 
maneuver or train a person to use an sUAS without first hand flight experience 

with particular sUAS. Flying 3rd person orientation requires built-up experience in 

that form of flying. Also, the sUAS will be operated by remote control, which will 

only require a single person operator and dual controls will not be necessary. 

14 C.F.R. §91.119: Minimum Safe Altitudes 

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §91.119, 

which discusses minimum safe altitudes. As this exemption is for a sUAS that is 

helicopter and the exemption requests authority to operate at altitudes up to 400 

feet AGL, or not more than 200 feet above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set 

forth herein, except for the limited conditions stated in the Manual, the sUAS will 

never operate higher that 400 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 pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, and 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 the local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations as set forth in 

the Manual. Compared to flight operations with aircraft or rotorcraft weighting for 

more that the maximum 55lbs. 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 feet AGL in the 

movie industry. 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 §91.199. 

14 C.F.R. §91.121 – Altimeter Settings 

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §91.121, 

which discusses altimeter settings for lowest usable flight level. 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 may 

not have a barometric altimeter, but instead a GPS altitude readout, an 

exemption may be needed. An equivalent level of safety will be achieved by the 

Pilot/”Operator”, pursuant to the safety checklist and live fight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 

14 C.F.R. §91.151 – Fuel Requirements for flights in Visual Flights Rules 

(VFR) Conditions 
Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §91.151, 

which discusses fuel requirements for flight VFR conditions. Specifically, 19.151 

states “(a) No person may begin 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. (b) No person may begin a flight in a rotorcraft 

under VFR condition 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, to fly after that for at least 20 minutes. 

CycleHere Media’s sUAS operates on a battery that provides less than 30 

minutes of powered flight. To meet the 30 minute reserve required in 14 C.F.R. 

§91.151, sUAS flights would be limited to approximately 15 minutes in length. 

Given the limitations on the sUAS’s proposed flight area and the location of its 

proposed operations with a predetermined area, a longer timeframe for flight in 

daylight or twilight VFR conditions is reasonable. 

CycleHere Media believes an equivalent level of safety will be achieved by 

limiting flights to 15 minutes or 20% of battery power – whichever comes first. 

This restriction would be more than adequate to 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 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration

Donald Jones, DBA CycleHere Media, seeks exemption from 14 C.F.R. §91,203 

(a) (b), which states (a) 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 t the cabin cockpit or cockpit entrance so that it is 

legible to passengers or crew. 

The sUAS fully loaded weighs less than 55 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/”Operator” flying the sUAS will have 

immediate access to the documents, to the extent they are applicable to the 

sUAS. The FAA has issued numerous exemptions to this regulation. A 
representative sample of other exception includes Exemptions Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a), §91.407 (a) (1), §91.409 (a), and §91.717 (a) & (b): 

Maintenance Inspections

Donald Jones, DBA CycleHere Media, seeks exemption from the 14 C.F.R. 

§91.405 (a), §91.407 (a) (1), §91.409 (a), and §91.717 (a) & (b), which discusses 

required aircraft maintenance, operation after maintenance, preventive 

maintenance, rebuilding, or alteration, inspections, and maintenance records. 

CycleHere Media believes these regulations are meant for manned operated 

aircrafts with an airworthiness certificate and not for sUAS, therefore making 

them unnecessary. Maintenance will be accomplished by the operator pursuant 

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

achieved because the sUAS is very limited in size and will carry a small payload 

and operate only in limited areas for short periods of time. If mechanical issues 

arise, the sUAS can land immediately and will be operating from no higher than 

500 feet AGL. The Pilot/”Operator” will ensure that the sUAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the Pilot/”Operator” is the person most 

familiar with the aircraft and is best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety. An equivalent level of safety 

will be achieved because maintenance and inspections will be performed in 

accordance with the sUAS manufacturer’s manual, as referenced in the Aircraft 

Operations Manual. As provided in the Operations Manual, the Pilot/”Operator” 

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

required maintenance needed. 

Summary 

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: 14 

CFR Part 21, 14 CFR §45.23 (b), 14 CFR §61.113 (a) & (b), 14 CFR §91.9 (b) 

(2), 14 CFR §91.103 (b), 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 

§91,407 (a) (1), 14 CFR §91.409 (a) (2), 14 CFR §91.417 (a) & (b) to 

commercially operate a small unmanned vehicle (55 lbs. or less) equipped to 

conduct aerial videography and photography services.

Cont.

Approval of exemptions allowing commercial operations of sUAS to conduct 

aerial videography and photography services will enhance safety by reducing 
risk. Conventional photography operations, using jet or piston powered aircraft, at 

extremely low altitudes, often very close to the subject being filmed and in close 

proximity to people and structures; and present the risks associated with vehicles 

that exceed 3,000 lbs., carrying large amounts of fuel. In contrast, a sUAS 

weighing fewer than 55 lbs. and powered by batteries eliminate virtually all of that 

risk given the reduced mass and lack of combustible fuel carried on board. The 

sUAS is carried to the location. The sUAS will carry no passengers or crew and, 

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

flights. 

The operation of small sUASs, weighing less than 55 lbs., conducted in the 

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

the granting of the exemptions requested herein, including the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground but under 500 feet AGL, and 

within a limited area. As a result, they are far safer than conventional flight 

operations conducted with turbine helicopters operating in close proximity to the 

ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—

size, weight, speed, operating capabilities, proximity to airports and populated 

area and operation within visual line of sight and national security – provided 

more than adequate justification for the granting of the requested exemptions 

allowing commercial operation of applicant’s sUAS in the aerial videography and 

photography services industry. 

Sincerely, 

Donald Jones

CycleHere Media