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October 26, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Petition of Randy Mager for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012.

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Randy Mager, hereby applies for an exemption from Federal Aviation 

Regulations (FARs) identified below, to allow commercial operations of small unmanned 

aerial system (i.e., sUAS).

This exemption would permit commercial operation by Randy Mager, which uses the 

DJI Inspire1 to conduct agricultural and conservation research, real estate photography 

and videography, local promotional photography and videography to promote tourism, 

news gathering, fire and rescue, aerial mapping, survey and advertising. Randy Mager’s 

operation under the exemption will be subject to strict operating requirements and 

conditions to ensure safety at all times and under conditions as may be modified by the 

FAA as required by Section 333.

UAS’s operated by Randy Mager will be operated under controlled 

VFR conditions at low altitude in airspace that is permitted in accordance with Randy 

Mager. Finally, the FAA ATC will approve the airspace in which the sUAS will operate in 

advance. Randy Mager respectfully submits this request for an exemption because he

wishes to operate sUASs. The operations Randy Mager will be conducting will be in lieu 

of comparatively hazardous operations now conducted by others using fixed wing and 

rotary conventional aircraft. The FAA can have confidence that the operations will be 

conducted at an equivalent level or greater level of safety than those providers. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in 

the national airspace system.”

For your convenience, Randy Mager has organized this Exemption request as follows:

I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

VI. Public Interest

VII. Privacy

VIII.Federal Registry Summary IX. Conclusion
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I. Petitioner's Description:

Randy Mager is headquartered in the City of Durham, North Carolina, and wishes to 

provide sUAS support to news services, real estate photography and videography, local 

promotional photography/videography, construction photography, mapping and 

surveying. Randy Mager intends to operate in a compliant and safe environment. Randy 

Mager plans on providing a wide range of services as the sUAS market expands.

Randy Mager’s goal is to operate in an accident-free environment by:

• Demonstrating a commitment by the petitioner to operate in a compliant manner.

• Identify hazard and risk while eliminating or controlling all these risks. Petitioner will 

intervene and report when unsafe work practices or conditions appear to exist.

• Train all support personal involved in flight operations to perform at the highest 

standard level.

The contact information for Petitioners is as follows:

Randy Mager

419 Cottonseed way

Durham, NC 27703

Owners: Randy Mager ph. 407-235-5111 / rsmvmax@aol.com

II. Relevant Statutory Authority:

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to 

consider whether certain unmanned

aircraft systems may operate safely in the National Airspace ("NAS") before completion 

of the formal UAS rule-making, based on the following considerations:

• 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 the visual line of sight of the operator

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".

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules).
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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, from the requirement that all civil aircraft must have a 

current airworthiness certificate and those regulations requiring commercial pilots to 

operate aircraft in commercial service:



The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections.



III. Qualifications for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act.

The proposed operations would permit Randy Mager the use of small 

UAS systems under controlled conditions in airspace that is: (1) predetermined; and that 

(2) provides an Increased level of safety beyond that existing when fixed or rotor wing 

aircraft are used by others to accomplish the same purpose.

Randy Mager submission places a duty on the Administrator to not only process 

applications for exemptions under Section 333, but for the Administrator, if he deems 

the conditions proposed herein require modification in order to allow approval, to supply 

conditions for the safe operation of the sUAS. Randy Mager welcomes the opportunity 

to consult with FAA staff in order to address any issues or concerns that this proposal 

may raise that they believe may require modification.

Randy Mager will use UASs that are multirotor, weighing less than 10 pounds including 

payload. They will operate, under normal conditions, at speeds not to exceed 50 mph. 

The multi rotors have the capability to hover and move in the vertical and horizontal 

plane. Randy Mager’s UASs will operate in line of sight and during daylight hours and 

operate at or below 400 feet AGL. All required permissions and permits would be 

obtained from territorial, state, county or city jurisdictions, Including local law 

enforcement, fire, or other appropriate governmental agencies prior to operating a 

sUAS.



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

operate, Randy Mager’s exemption falls within the zone of safety and demonstrates an 

equivalent level of safety, in which Congress desired the FAA to permit commercial 

UAS operations by exemption pending completion of formal rulemaking. Also, due to 

the size of the sUAS and the confined area in which the sUAS will operate, approval of 

the application presents no hazard in the NAS.
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Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, the grant of the requested 

exemptions is also in the public interest.





IV. Description of Proposed Operations

To assist the FAA in its safety assessment of Randy Mager’s proposed sUAS 

operations, below is a summary of operational limitations and conditions that will ensure 

an equivalent or higher level of safety to operations conducted under current regulatory 

guidelines:

1. The sUAS will weigh less than 10 pounds.

2. Flights will be operated within line of sight of the PIC and visual observer.

3. Maximum total flight time for each operational flight will be limited to the amount of

time the sUAS can be flown and still maintain a reserve battery power of no less than 

30%.

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

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited

structures, buildings, vehicles, vessels, people not associated with the operation or 

who have not signed a waiver in advance of the operation.

6. Minimum crew for each operation will consist of the sUAS PIC (and a Visual 

Observer/

Camera Operator when appropriate).

7. The sUAS PIC will be the petitioner Randy Mager.

8. Randy Mager will designate a Pilot in Command ("PIC") for each mission.

9. The sUAS will operate only within a confined safe and uncongested area.

10. Prior to the operations at a particular location, a site inspection will be conducted. 

On the day of the mission the management person with operational control and the 

PIC will concur on performing the mission after reviewing all safety issue compliance. 

11. Prior to initiating each mission a briefing will be conducted in regard to the 

planned sUAS operations. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safe and uncongested area be present 

for this briefing.

12. Randy Mager’s crew will use a safety and airworthiness checklist.

13. The sUAS will be maintained in compliance with the manufacturer’s guidelines.14. 

In the event of an accident involving a Randy Mager sUAS, petitioner will cease 

operations and report the accident to the NTSB and AFS-80.

15. PIC and VO will at all times be able to communicate by voice.

16. PIC, Camera Operator, VO, and Operational Personnel will have been trained and 

tested by the petitioners.
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17. All required permissions and permits will be obtained in advance from territorial, 

state, county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies.

18. In compliance with approved exemption, Randy Mager management will submit a 

written “Plan of Activities” to the local Flight Standards District Office (FSDO) having 

jurisdiction over the area of proposed filming three days in advanced of operations 

during film or movie productions.

19. If the sUAS loses communications signal, the sUAS will have the capability to return 

to a pre-determined location within the safe and uncongested area.

20. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

21. The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

22. Randy Mager, will assure no individuals’ privacy is violated.

23. Procedures have been established to contact ATC prior to operating in airspace 

other than G.

V. Regulations From Which Exemption is Requested



A. 14 CFR § Part 61.113 (a) and (b) Private Pilot Privileges and Limitations; Pilot in 

Command

B. 14 CFR § 91.103: Preflight Action

C. 14 CFR § 91.113: Right-of-Way Rules

D. 14 CFR § 91.119 (c): Minimum Safe Altitudes

E. 14 CFR § 91.121: Altimeter Settings

F. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

MaintenanceInspections



A. 14 CFR § Part 61.113 (a) and (b) Private 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 DJI sUAS’s are 

remotely controlled with no passengers or property of others on board. Randy Mager

respectfully proposes that the FAA should take into account the characteristics and 

procedures of the particular UAS.



Randy Mager proposes that the actual operation of the DJI sUAS does not require the 

Pilot to hold a private pilot certificate. Randy Mager proposes the following 

requirements:
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• Pilot in Command Requirements:

1. The PIC must have accumulated and logged a minimum of twenty (20) hours as

UAS pilot with the make and model of UAS to be utilized for operations under the 

exemption and three takeoffs and landings in the preceding 90 days. 2. The PIC 

must have successfully completed the qualification process as required by the 

petitioner, to include a knowledge and skill test.

B. 14 CFR § 91.103: Preflight Action



Randy Mager requests an exemption from the preflight actions requirements of 14 CFR 

91.113 that prescribes the preflight actions under which aircraft may operate:



The Petitioner shall, before beginning a flight, become familiar with all available 

information concerning that flight.

a) Flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, battery charge levels 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;

b) For every flight the following takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, 

other reliable information appropriate to the aircraft, relating to aircraft performance 

under expected values of airport elevation and runway slope, aircraft gross weight, and 

wind and temperature.

Randy Mager will not operate sUAS’s under IFR conditions, or when the ceilings are 

below 1000 feet and the visibility is below 3 statute miles. DJI’s sUAS’s do not have 

published approved Airplane or Rotorcraft Flight Manual containing takeoff and landing 

distance data.

Equivalent Level of Safety

The PIC along with the person having operational control must assure that the weather 

will be

adequate to complete the mission in VFR condition. Since Real Help Inc operates in 

Central North Carolina where the density altitude rarely exceeds 500 feet, UAS 

performance should not be effected. Prior to commercial operations the intended sUAS 

will be test flown at gross weight to test performance limitations prior to conducting 

sUAS operations.
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C. 14 CFR 91.113: Right-of-Way Rules



Randy Mager requests an exemption from 14 CFR 91.113 Right-of-way rules, requiring 

vigilance by each person operating an aircraft so as to see and avoid other aircraft. 

When a rule of this section gives another aircraft the right-of-way, the pilot shall give 

way to that aircraft and may not pass over, under, or ahead of it unless well clear.

Equivalent Level of Safety



Randy Mager will operate sUAS’s at or below an altitude of 400 feet 

AGL, well below the normal operating altitude of other aircraft. Randy Mager specifies 

that a Pilot in Command with experience will perform each mission and have knowledge 

of the avoid rules. It’s the responsibility of the PIC to cease operations and land the 

UAS immediately whenever and aircraft comes into the vicinity creating a potential 

threat or safety concern. Operations will not recommence until the potential threat is 

clear or safety concern has been resolved.

D. 14 CFR. § 91.119: Minimum Safe Altitudes

Randy Mager requests an exemption from the minimum safe altitude requirements of 14 

CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may 

operate:

• Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

• Over other than congested areas at an altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Section 91.119 (d) allows for a helicopter to operate at less than those minimum 

altitudes when it can be operated "without hazard to persons or property on the 

surface," provided that "each person operating the helicopter complies with any routes 

or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended operations, the sUAS is normally operated below 400 feet AGL. 

Additionally, due to the nature of the proposed operations, the sUAS will maintain a 

lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and 

vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight of normal aircraft, Randy Mager’s multi-rotor aircraft weigh less than 

10 pounds, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An 

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. As set forth in the Operations Manual, the 

sUAS will be operated in a safe and uncongested area, where buildings and people will 
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not be exposed to operations without their pre-obtained consent. Because of the 

advance notice to the property owners and participants, all affected individuals will be 

well aware of the planned flight operations.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with 

aircraft that are subject to the minimum safe altitude regulations. Finally, the successful

safety record of the DJI sUAS’s demonstrates that the sUAS can be safely used at 

these lower altitudes and closer operating environments.

E. 14 C.F.R. § 91.121: Altimeter Settings

Randy Mager seeks an exemption from 14 CFR 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An 

exemption is required because the sUAS does not have a barometric altimeter, but 

rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following these procedures: 1. Randy 

Mager will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. 2. Moreover, the PIC will use the GPS altitude indicator to constantly 

monitor the sUAS's height, thus ensuring operation at safe altitudes.

F. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

Randy Mager requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 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 25 minutes; or

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





The batteries powering Randy Mager’s UAS’s provide approximately 

10-24 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 

proposed flight area and the location of its proposed operations within a predetermined 

area, a safety margin based on a reserve amount of battery life is needed.


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Randy Mager will not be conducting any sUAS flights at night.

Equivalent Level of Safety



An equivalent level of safety will be achieved because the operations will be conducted 

on-site without significant transit time by the sUAS. All flights will be planned to 

terminate with no less than 30% reserve battery power still available. This restriction 

would be more than adequate to return the sUAS safely to its planned landing zone 

from anywhere in its confined area of operation even in the event of an unexpected 

occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not 

include the type of risks that Section 91.151(a) was intended to alleviate given the size 

and speed of the small UAS, and the proximity of the flight operation to the landing 

zone. Moreover, operation will be limited to controlled areas where only people and 

property owners, or official representatives will be allowed.

G. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance 

Inspections



Randy Mager also seeks an exemption from the maintenance inspection requirements 

contained in 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 CFR Part 

43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections...have discrepancies repaired as prescribed in part 43 of this chapter"). An 

exemption to these regulations is needed because Part 43 and these sections only 

apply to aircraft with an air worthiness certificate, which the sUAS will not have.

Equivalent Level of Safety



An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the DJI User’s Manuals. The 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. 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. Additionally the petitioner is currently a DJI retail dealer 

and has a direct line of communication with the manufacturer and their 

representatives.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight 

operations will only take place in pre-designated areas for limited periods of time during 

daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.
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VI. PUBLIC INTEREST



Granting Randy Mager an exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the national airspace in controlled, safe 

working environments such as those propose in this petition. Randy Mager would like to 

help facilitate safe integration of sUAS’s into mainstream USA in the following areas:

• Agriculture and Conservation

Randy Mager would introduce and demonstrate to farmers of all types that the sUAS 

can aid commercial agriculture, land management and conservation efforts by 

assessing crops, mapping flood zones, measuring snow pack and more. The sUAS can 

fly pre-configured missions via the fully automated ground station, which allows for timelapse photos of fields, crops and known land tracts. It also can accurately recreate the 

same pattern during all seasons, providing invaluable data for land and soil 

management. Using HD video, HD photos, and IR cameras allows for detailed analysis 

and recording. With photo rendering software, 3D maps and topography can be used in 

conjunction with timelapse photos to create highly detailed maps for erosion, flood 

mapping and other critical aspects of land management. 

• Real Estate

The sUAS can be used in all areas of real estate, including agricultural, vacant land, 

commercial, residential and industrial properties. Using a sUAS, real estate 

professionals can create promotional videos, photos and unique shots that normal 

camera aspects cannot capture. The remote platform is great for new planning, zoning 

and large developments. Simple and easy-to-use video and photos allow for multiple 

height pictures and elevation views.

• Movies and Videography

Whether the shot requires unique views and expansive panning or extreme altitude with 

radical views, the UAS is designed to hold up under demanding conditions. Because of 

the autopilot feature with pre-designed mission management and R/C control interrupt, 

the pilot and camera operator can easily create the ultimate shot with HD video or HD 

still photos. When working close in on a closed set the hazards to the actors are greatly 

reduced due to the size of the sUAS.

• News Gathering

Similar to movies and videography, each news assignment may require a completely 

different shot or view of a scene. With budgets for traditional helicopter use being 

greatly reduced, the UAS is the perfect solution to allow for easy news gathering for a 

fraction of the cost. The sUAS can and will be operated in a safe manner away from the 
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public, while the traditional helicopter must hovers over persons and property increasing 

the danger to individuals.

• Fire and Rescue and coastal predator detection and warning.

Randy Mager would introduce and demonstrate to fire and rescue personnel the sUAS’s 

reliability and the capability to perform in extreme situations. The ability to offer real time 

HD and IR video facilitates placing personnel and equipment in the right places. 

Additionally with the recent increase in shark attacks on the North Carolina coast Randy 

Mager would offer our services to help scan, detect, and notify authorities to the 

presence of large predatory animals. This could save lives and increase safety at 

hundreds of miles of affected coastline. Randy Mager’s mission is to assist 

governmental agencies safely into the NAS.

VII. Privacy



Randy Mager knows that many individual have concerns about privacy from the 

operations of sUAS’s. Randy Mager has created a privacy notice that informs residents, 

commercial property owners, churches, schools, and governmental organizations of our 

intent to conduct commercial drone operations in proximity to their property.

VIII. Federal Registry Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Randy Mager seeks an exemption from the following rules:

14 CFR Part 61.113 (a) and (b); 14 CFR 91. 103; 14 CFR 91.113; 14 CFR 91.119; 14 

CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR; 

91.409(a)(2); 14 CFR 91.417(a) and (b).

Approval of this exemption request allows Randy Mager to conduct commercial 

operations with small and lightweight unmanned aerial systems. Randy Mager’s vision 

is to enhance safety of sUAS operations in the NAS while reducing risk to the general 

public and property owners.

The DJI sUAS’s, weighing less than 10 pounds and powered by batteries, eliminates 

virtually all of the risk given the reduced mass and lack of combustible fuel carried on 

board. The sUAS is transported to the designated mission area and set up there. 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 this small UAS will provide an 

equivalent level of safety, supporting the grant of the exemptions requested herein, 

including exempting the applicant form the requirements of several regulations and 

allowing commercial operations. These lightweight sUAS's operate at slow speeds, 

close to the ground and in a safe and uncongested environment. As a result, they are 

far safer than conventional aerial survey and inspection operations conducted with fixed 

wing aircraft or helicopters.
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If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact the undersigned.

Randy Mager

Owner/Petitioner Randy Mager Business phone: 407-235-5111

rsmvmax@aol.com