October 27th 2015

Attention:

U.S. Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

Dear Sir or Madam: 

This petition is being submitted on my behalf without legal counsel or consulting services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Carl 

Chiverton, a freelance multimedia producer, hereby applies for an exemption from the Federal Aviation Regulations (FARs)

listed below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined 

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

Carl Chiverton

1653 262nd Street

Harbor City, CA 90710

(310) 462-1128

ecarl@me.com

Airman Certificate Number 2829253

Commercial Pilot ASEL & SES; Airplane multiengine land 
AERIAL OPERATION INTENTION

The requested exemption would permit Carl Chiverton to operate small Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real 

estate, economic development, civil landscapes and events over certain areas of the Untied States. Carl Chiverton states 

that all sUAS flights will occur over private or controlled access property and will do so with the property owner's consent 

and knowledge and that only people who have consented or otherwise have agreed to be within the UAS’ radius during 

filming and photography applications.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Carl Chiverton has held a SEL certificate since 2003. He has since earned commercial multi-engine, instrument rating with 

a perfect safety record and no incidents. The objective of Carl Chiverton is to provide an affordable high quality production 

system for a variety of governmental, commercial, public and residential uses, specifically targeting the following areas:

• Real-estate marketing

• Construction (before and after)

• Economic Development

• Civic Landmarks

• Golf Courses

• Special Events

• Film Making/Cinematography

• Government Agencies (fire/police aid)

Carl Chiverton has demonstrated the ability to safely and effectively fly the sUAS DJI Phantom 3 which will be used for all 

commercial and private purposes. Carl Chiverton complies with local ordinances and laws regarding the operation of 

sUAS, and adheres to all weather and environmental restrictions or limitations in reference to the operations of sUAS.

All flights will occur in ordinance with any state or local laws regarding privacy.
I, Carl Chiverton, am seeking the exemption because I am committed to complying with all of the rules, guidelines, 

limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the manner that I have described, 

and for the purposes that I have described. Without the exemption request granted, I would be unable to safely and 

effectively run my business, and it is my intention to comply with the FAA and obtain an exemption of the following 

regulations.

The following contains my list of regulations from which I am seeking exemption, and a complete list of responsibilities I 

assume as operator; it also contains information regarding the aircraft, public benefit and safety features, and similar 

petitions requests granted.

Regulations from which exemption is requested: 

14 C.F.R. Part 21 

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. 91.109 

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) & (b) 

14 C.F.R. 91.205(b) 

14 C.F.R. 91.215 

14 C.F.R. 91.401 - 91.417

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this 

exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either 

groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be 

operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in 

feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to 

use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical 

certificate or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of 

the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains 

VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not

permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation 

for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the 

conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The 

operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and 4 limitations in this exemption and the procedures outlined in the operating 
documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It 

is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or 

any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions

to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., 

replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under

this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from 

other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons 

and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. 

The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If 

the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until 

the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit 

requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by 

a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet 

the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. 5 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and 

currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s 

PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the UAS 

in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this 

exemption. However, training operations may only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, 

and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under

visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA 

Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the

current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or 

otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be

made available to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility

is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the 

private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough 

available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the 

reserve power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in 
accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 6 

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance 

with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. 

Markings must be as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 

14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is 

operating. These documents must be made available to the Administrator or any law enforcement official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and 

structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or 

debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations 

must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any 

vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC,

VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with permission from the property 

owner/controller or authorized representative. Permission from property owner/controller or authorized representative will 

be obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as 

defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents

must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 

11112, and 11213

Public Benefit and Safety

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the 

smaller devices cheaper equipment and personnel cost, reduced noise and as such, a much smaller environmental impact 

which promotes public safety. 

Carl Chiverton is petitioning for an exemption to operate a DJI Phantom 3 with a built-in stabilized HD camera and GPS 

safety features which limit its ability to limit the height it flies above ground level (AGL), to limit the radius of the distance 

it flies from the operator and to exclude it from operations within designated Class B, C and D airspace including a no-fly 

zone feature. 

The DJI Phantom 3 also has a failsafe function that is triggered in the event communication is lost between the sUAS and 

the main controller transmitter. At that time, the sUAS will return to its point of takeoff and land safety. If the connection is 

restored, the PIC can regain control of flight and land manually. 

These specifications meet with the Model Aircraft Operating Standards as set below: 

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or observer and will operate at sites that are 

`sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will 

ensure that the sUAS will "not create a hazard to users of the national airspace system or the public." 

• When flying the sUAS within three (3) miles of an airport, airport operators will be notified and the operator will 

give the right-of-way to avoid flying in the proximity of full-scale aircraft. Maximum flight time for each operation

will be 30 minutes. 

• Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the 

sUAS. 

• The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more 

than 200 feet above an elevated platform from which videography is planned. 

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and the camera operator. 

• The sUAS PIC will be an FAA licensed airman holding a minimum of a Private Pilot certificate and a current FAA

medical certificate. 

• The sUAS operated by the petitioner weighs less than 25 pounds, including all payload (i.e. camera, lens, and 

stabilized gimbal). 

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and 

horizontally.