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Expert Aerial Photography October 10, 2015

5877 Washington Blvd Unit 50463

Arlington VA 22205

Cliff@ExpertAerialPhotography.com

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, D.C. 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal 

Aviation Regulation

Dear Sir or Madam,

I, Clifford Crittenden, owner of "Expert Aerial Photography", am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to 

request that , "Expert Aerial Photography", a drone business specializing aerial photography 

and videography for real estate, architecture, land surveying, engineering, television events, 

public events, cinematography, residential and commercial inspections, search -and- rescue 

operations, and closed set film and movie production; be exempted from the Federal Aviation 

Regulations (“FARs”) listed below so that we may operate a small ultra-lightweight unmanned 

aircraft system (“sUAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”).

As described herein, Clifford Crittenden, is a retired Boeing-727 captain and a FAA licensed 

Airline Transport Pilot with over 18,000 hours of flight experience with two Part 121 Commercial 

Air Carriers. He has type ratings in the Boeing-727 and DC-9. In addition, his flight experience 

includes the DC-8, DC-10, Lockheed Electra (L-188) and the Convair 440. His airline pilot 

career of 32 years was incident and accident free. 

"Expert Aerial Photography", will be operating a DJI Inspire and Phantom 2 with intent to 

operate them for commercial use following exemption and approval by the FAA. Clifford is an 

FAA licensed Airline Transport Pilot. Clifford Crittenden will be the chief pilot at "Expert Aerial 

Photography" for the proposed use of the sUAS.

Exemption request would permit operation of a small ultra-lightweight unmanned (piloted by 

remote control) aircraft system (sUAS) in controlled and limited airspace. 

I, Clifford Crittenden, owner of "Expert Aerial Photography", will detail in this petition the specific 

regulations for which we seek relief, offering alternate and equivalent ways of providing a level 

of safety at least equal to the existing rules. This petition focuses on public safety and public 

benefit. 
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I. Contact Information:

Clifford Crittenden Phone: (786) 205-1425

Expert Aerial Photography

5877 Washington Blvd - Unit 50463 Email: Cliff@ExpertAerialPhotography.com

Arlington VA 22205

II. The specific sections of Title 14 of the Code of Federal Regulations 

from which Expert Aerial Photography requests exemption are:

14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b); 14 C.F.R. 

91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

III. The Extent of Relief That Expert Aerial Photography Seeks and the 

Reason It Seeks Such Relief:

I, Cliff Crittenden, submit this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

"Expert Aerial Photography's" contemplated commercial use of an sUAS for 

photographic and videographic use 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. All of "Expert Aerial 

Photography's" ultra-lightweight sUASs meet the definition of “small unmanned aircraft” 

as defined in Section 331 and therefore the integration of my ultra-lightweight sUASs are 

expressly contemplated by the Reform Act. I would like to operate my ultra lightweight 

sUAS 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 related sUAS 

aerial photography & videography. The Reform Act guides the Secretary in determining

the types of sUASs that may operate safely in our national airspace system. 

Considerations include: The weight, size, speed and overall capabilities of the sUAS; 

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

whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these 

items reflect in favor of an exemption for "Expert Aerial Photography". My sUASs are 
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equipped with GPS and auto return safety technology. Weighing less than seven (7) 

pounds (far below the maximum 55 pound limit); including camera with gimbal. 

I, Clifford Crittenden, consider safety the utmost importance with every flight. My sUAS is 

designed to hover in place via GPS and operate in less than a 19 knots (22 mph) wind. 

Built in safety systems include a GPS mode that allows my sUAS to hover in place when 

radio controls are released. When pilot communication is lost, the sUAS is designed to 

return to the point of take-off and then slowly descend. "Expert Aerial Photography" will 

not operate a sUAS near airports, hospitals nor police heliports, and will not operate 

near areas where general public is within ninety (90) to three hundred (300) feet 

depending on location, conditions and weather. Our sUASs are capable of vertical and 

horizontal operations, and are flown only within line of sight of the PIC. Utilizing battery 

power rather than combustible fuels, flights will last less than fifteen (15) minutes, with 

an altitude under four hundred (400) feet. "Expert Aerial Photography" will not operate a 

sUAS at or below the manufacturer recommend minimum charge levels for operation; 

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

communication between radio remote control and the sUAS to eliminate potential for a 

crash, loss of control or other hazards. The crew will always include an FAA licensed 

pilot. The crew members at "Expert Aerial Photography" have done scores of practice 

flights in remote areas on private property as hobbyists simulating flights for future 

commercial use to gain familiarization with the characteristics of our specific sUAS’s 

performance under different temperature and weather conditions.

"Expert Aerial Photography" chief pilot will be Clifford Crittenden, an FAA licensed Airline

Transport Pilot with over 18,000 hours of flight experience. He has type ratings in the 

Boeing-727 and DC-9. He is extremely cautious when operating the sUAS (small ultralightweight unmanned aircraft) and will not “create a hazard to users of the national 

airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of 

our sUAS, it falls well within Congress’s contemplated safety zone when it promulgated 

the Reform Act and the corresponding directive to integrate sUASs into the national 

airspace system. My DJI Inspire 1 and Phantom 2, used in hobby flight, have a 

demonstrated safety record.

IV. How Expert Aerial Photography Request Will Benefit the Public As A 

Whole:

"Expert Aerial Photography" is a small business serving customers in the United States 

and the United States Territories. Aerial photography has been around for a long time 

utilizing manned fixed wing aircraft and helicopters. Now, some of these missions can be 

replaced with more cost effective, safer, and environmentally friendly sUAS missions. In 

addition, for many small budget productions the expense of such aerial photography and 

videography using manned aircraft is cost prohibitive. We would operate in a very 
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competitive environment, competing with large nationwide photography and videography 

suppliers. We are able to compete on quality and service. The advent of sUAS’s used in 

this business environment, and their ability to produce unique images will not only help 

our small business compete with larger businesses. It will also add value to other 

businesses. One example: it will provide our realtor customers with their own new 

business value, thus promoting commerce and economic development. Permitting 

"Expert Aerial Photography" to immediately fly within national air space furthers economic 

growth. It provides a definite benefit to other companies looking to use aerial photography 

and videography, both of which increase commerce and serve as a benefit and stimulus 

to the economy and community.

V. Reasons Why Expert Aerial Photography Exemption Will Not 

Adversely Affect Safety or How The Exemption Will Provide a Level of 

Safety At Least Equal To Existing Rule:

"Expert Aerial Photography" has the utmost respect for everyone’s safety and comfort. 

Our chief pilot, Clifford Crittenden, has an Airline Transport Pilot License. He has a solid 

understanding of the National Airspace System, and over three decades of conservative 

decision making concerning safety. 

A. As it concerns to sUAS operations:Our sUAS DJI Inspire 1 and Phantom 2 each 

weigh less than seven (7) pounds;

B. The drone operator will be a FAA licensed pilot with a current medical certificate 

or driver’s license;

C. The PIC will have a minimum of 50 logged flights and 20 total hours in the make 

and model of the operating sUAS, including at least 3 flights in the last 90 days;

D. We only operate our sUAS below 400 feet AGL in day VFR conditions which are 

within the permissible ceiling set by the FAA Modernization and Reform Act of 

2012;

E. We will not operate the sUAS in Class A, B, C, or D airspace without written 

approval from the FAA;

F. We will not operate within 3 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 NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management will be 

made available to the Administrator upon request;

G. During operation of the sUAS, signs will be posted warning the public stating: 

“CAUTION - STAY BACK 100 FEET - DRONE FLIGHT IN PROGRESS”;

H. If any unauthorized person moves within 90 feet of the operating sUAS, the 

mission will be aborted immediately;
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I. Our sUAS will only operate for less than fifteen (15) minutes per flight. Generally, 

the flights are between five (5) to ten (10) minutes, severely limiting the exposure 

of any safety concerns towards the public or property;

J. We pilot our sUAS through remote radio control only by visual line of sight, 

keeping the sUAS within 500 feet of the operator at all times;

K. Our sUAS has a GPS controlled failsafe system, a flight safety feature whereby it 

returns to the takeoff location and then slowly lands if communication with the 

remote control pilot is lost;

L. We actively record and analyze flight data and other sources of information to 

constantly update and enhance safety protocols;

M. Before each flight we assess the environment and we only proceed to operate in 

reasonably safe environments that are controlled;

N. We conduct extensive pre-flight inspections and protocols;

O. We always obtain all necessary permissions prior to operation;

P. We have procedures in place to abort flights in the event of safety breaches or 

potential danger.

VI. A Summary: The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation 

to FAR § 91.203(a)(1). The size, weight and enclosed operational area "Expert 

Aerial Photography" sUAS permits exemption from Part 21 because our sUAS 

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 

sUASs from the airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such as airports and 

dense populations. "Expert Aerial Photography" sUAS 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.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no on board pilots or passengers, and given the size of the sUASs, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a safety/flight manual delineating areas of where safety can be 

defined. The FAA has previously issued exemptions to this regulation in 
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Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A,

10602, 10700 and 32827.

14 C.F.R. § 91.121 "regarding altimeter settings" is inapplicable insofar as our 

sUAS utilizes an electronic global positioning systems with a barometric sensor, 

and altitude information will be provided to the pilot via a digitally encoded 

telemetric data-link to a real-time display.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

described above. The equivalent level of safety will be achieved by maintaining 

any such required certifications and registrations by "Expert Aerial Photography".

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal 

Regulation require aircraft to be marked according to certain specifications. My 

sUASs are, by definition, unmanned. They therefore do not have a cabin, cockpit 

or pilot station on which to mark certain words or phrases. Further, two-inch 

lettering is difficult to place on such small aircraft with dimensions smaller that 

minimal lettering requirement. Elevated Images will mark the sUAS in the largest 

possible lettering by placing the word “EXPERIMENTAL” on its fuselage by 14 

C.F.R. §45.29 (f). The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 

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

operations. Elevated Images can achieve an equivalent level of safety as 

achieved by current Regulations. The PIC will have a Commercial Pilot certificate 

with a current Medical or driver's license, and will meet the flight review 

requirements specified in 14 CFR § 61.56.

D. 14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It 

allows helicopters to be operated at lower altitudes in certain conditions. Our 

sUAS will never operate at an altitude greater than 400 feet AGL and only in safe 

areas. Given the small size and weight of the sUAS, its maneuverability and 

speed profile, we can achieve an equivalent level of safety.

E. 14 CFR § 91.151(a) requires a thirty (30) minute fuel reserve for flight in VFR 

conditions. Since maximum flight time is limited to battery capacity, and is less 

than 30 minutes for our sUAS, we will operate our sUAS for no longer than fifteen 

(15) minutes on a full charge. A full charge would allow for a flight time of at least 

twenty (20) minutes, providing a 25% safety margin. The FAA has previously 

issued exemptions for manned aircraft to operate at less than the minimums 

prescribed in 14 CFR § 91.151(a), including Exemption Nos. 2689, 5745, and 
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10650. In addition, similar sUAS-specific relief has been granted an Exemption

Nos. 8811, 10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions.

F. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections. The above cited Regulations require, amongst other things, aircraft 

owners and operators to “have [the] 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. . . .”

To comply with this regulation, the PIC, before each mission, will check the 

manufacturer’s internet service pages, and ensure applicable software and hardware is 

up to date as required, and ensure compliance with any safety bulletins posted. In 

addition, the Operator’s Manual as provided by the sUAS manufacturer will be revised to 

include specific operating procedures and limitations to comply with the exemptions 

sought. The revised Operator’s Manual will be in possession of the crew during 

operation of the sUAS, and must be made available to the Administrator or any law 

enforcement official upon request.

In summary, Expert Aerial Photography seeks an exemption from the following

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. §91.7 (a);

14 C.F.R. §91.9 (b)(2); 14 C.F.R. § 91.103(b); 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) and (b); 14 C.F.R. § 91.405 

(a);14 C.F.R. § 91.407 (a)(1); 14 C.F.R. §91.409 (a)(2); and, 14 C.F.R. § 91.417(a) & (b) to 

commercially operate "Expert Aerial Photography's" lightweight unmanned aircraft vehicle in 

aerial photography and videography operations. "Expert Aerial Photography" will utilize safety 

protocols and the implementation of a flight operations manual that exceeds currently accepted 

means and methods for safe flight. "Expert Aerial Photography" will conduct formal collection of 

information of its operation of the sUAS, which will be shared with the FAA, and will contribute to 

the enhancement of the FAA's internal efforts to establish protocols for complying with the FAA 

Modernization and Reform Act of 2012. "Expert Aerial Photography" operation of the sUAS, 

weighing less than seven (7) pounds and traveling at low speeds within limited controlled areas 

will provide an equivalent level of safety as that achieved under current FARs. Accordingly,

"Expert Aerial Photography" respectfully requests that the FAA grant our exemption request.

Respectfully submitted,

Captain Clifford Crittenden, Owner Phone: (786) 205-1425

Expert Aerial Photography 

5877 Washington Blvd - Unit 50463. Email: Cliff@ExpertAerialPhotography.com

Arlington,VA 22205