Sept4,2015 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue. SW 

Washington . DC 20591 

Re: Exemption Req uest Pursuant to Section 333 of the FAA Reform Act and Part II of 

the Federal Aviation Regulations from: 14 CFR 6 1 .ll3{a) & (b): 91.7 (a); 9 1 .I 03; 

9 l . l l 9 {c); 9 I. l 2 l : 9 l . l 5 l {a); 9 l .40 5 {a): 9 I .407 (a) ( I ) ; 9 I .409 (a) ( I ) and { 2}; 9 l .4 17 {a) 

& (b). 

Dear Sir or M adam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Jeffrey Phelps, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Jeffrey 

Phelps Photography LLC, for an exemption l"rom the listed Federal Aviation Regulations 

("FARs") to allow commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outl ined herein or as may be established by 

the FAA as required by Section 333 . 

I would like to formally submit for an exemption from part 21. subpart H ; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 91.119.9 1.121, 91.151(a). 91.203(a) and (b), 9 1.405(a), 

91 .407(a)( I), 91 .409(a)(2), and 91 .417(a) and (b) of Title 14, Code of Federal ', 

Regulations ( 14 CFR). Th is proposed exemption would allow the operation of unmanned 

aircraft systems (UAS) for the purpose of aerial videography and photography of real 

estate purposes and events. 

Applicant: 

_ ___.'--"'e.:...:.ff~rey Phel )S 

Jeffrey Phelps Photography LLC, 

2564 Cedar Sauk Road, Saukville, Wi 53080 

jeff@ jeffreyphel ps .com 

414-943 -3600 
Commercial operation of an UAS, as descri bed herein. which are equipped with camera 

and sensors . would operate in the following manner: 

• Aerial photography and/or video for publ ic and/or private use including real estate, 

news gathering for local newspaper, and other related professional activities . 

• Aerial video and/or photography for public and/or private use including public and 

private events. 

As described fully below. the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that wou ld be a) limited, b) controlled, c) 

predetermined , and d) wi II provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibi l ities to 

·• .... establish requirements for the safe operation of such aircraft systems in the national 

airspace system." 

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. We will operate a UAS. the Yuneec Typhoon, Model Q5004K, 

which is comprised of an unmanned aircraft (UA or Yuneec). an attached 4K camera and 

a transportable ground station. 

The Q5004K is a quad-copter with a gross weight or 60 ounces. It is eq uipped with four 

rotors that are driven by electric motors powered by batteries. The UA has a maximum 

airspeed of 8 m/s. It will be operated over various urban and suburban areas, primarily 

around Oshkosh, WI to augment real estate listing videos, capture event aerial video and 

photography, and related business operations. 

UAS Operating Pa.-ametcr·s 

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules: 

• operate UAS below 300 feet and within a radius di stance of 1000 feet from the 

controller to aid in direct line of sight visual observation; 

• obtain permission f rom the owner/controller of any vessels. vehicles and structures 

when operati ons may be conducted closer than 500 feet to any such vessels, 

vehicles or structures; we will conduct a safety assessment of the risk of operating 

closer to those objects and determine that it does not present an undue hazard; 
• operate the UAS for 5-l 0 minutes per fli ght; 

• land UAS prior to the manufacturer's recommended minimum level of battery 

power; 

• operate UAS during daylight hours only within visual line of sight (VLOS); 

• use the UAS' global positionin g system (G PS) fli ght safety feature whereby it 

hovers and then 

slowly lands if communication with the remote control pi lot is lost; 

• conduct all operations under the fl ight afety protocols (incl uding posting a 

warnin o sion 0 0 

reading: " Attention Aerial Photography in Progress- Remain Back 150 feet") 

contained in the operating documents and will actively analyze fli ght data and 

other sources of information to constantly update and enhance safety protocols; 

• contact respecti ve airports if operati on wi ll be within 5 miles to advise them of 

his estimated fl ight time. fli ght duration. elevation of fli ght and other pertinent 

information; 

• always obtain all necessary permi ssions pri or to operation; have procedures in 

place to abort llights in the event or safety breaches or potential danger; 

• only operate in safe environments that are strictly controlled, arc away from power 

lines, elevated lights, airports and densely populated areas (defined by areas 

depicted in "yellow" on VFR charrs and through obtaining information regarding 

congested areas from the local Flight Standards District Office (FSDO); 

• conduct extensi ve prefli ght inspecti ons and protocols, during which safety carries 

primary importance (reference Yuneec User Manual). 

Regardin g UAS operational traini ng. we have flown numerous practice flights in 

remote area as hobby ists simulati ng llighrs for future commercial use to gain 
familiarization with the characteristi cs of the UAS' petforrnance under different 

temperature and weather conditions. 

Any PIC operating our UAS wi l l have accumulated and logged, in a manner consistent 

with 14 CFR 6 1.5 I (b) . 25 hours of total time as a UAS rotorcraft pilot including at least 

I 0 hours logged as a UAS pi lor with a multi-rotor UAS. T he PIC will also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used f or operations. In addition to the hour requirements , the 

PIC wi ll accomplish 3 take-offs and landings in the preceding 90 days (for currency 

purposes) prior to any fli ght. 

Specific Exemptions Requested 

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21 , Subpart H (Airworthiness Certi ficates) and § 

9 1.203(a) and (b) (Certifications required), subj ect to certain conditions and limitations, 

is warranted and meets the requirements for an equi valent level of safety under 14 CFR 

part II and Section 333 of P.L. 112-95 (Secti on 333). 

We request an exemption from§ 45.23 M arking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases . Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word ·'Experimental" on its fuselage as required 

by§ 45.29(f) so that anyone will see the markings . 

We request an exemption from § 91.7(a) which prohibits the operati on of an aircraft 

without an airworthiness certificate, since there is currently no certifi cate applicable to 

our operation. this regul ation is inappli cable. 

We request an exemption from §§ 91 .405(a), 9 1 .407(a)( I), 91 .409(a)(2) and 91.41 7(a) 

and (b) M aintenance inspecti ons since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will petform a preni ght inspection of the 

UAS before each flight as outlined in the attached operating documents. 

We request an exemption from § 91.9(b)(2) whi ch requires an aircraft fli ght manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and gi ven its 

size, this regulati on is inapplicable. We believe an equi valent level of safety will be 

achieved by maintaining a saf ety/flight manual with the UAS ground station. 
We request an exemption from § 9 1.11 9 which prescribes safe altitudes for the operation 

of civi l aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 300 feet above ground 

level (AGL) and wi ll also only operate in safe areas away f rom the public and traffic, thus 

" providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes." Given the size, weight, maneuverabi lity, and speed of the UAS, an 

equivalent or higher level of safety will be achi eved. 

We request an exemption from § 91.121 Al timeter settings as it is inapplicable since the 

UAS utilizes electronic G PS with a barometric sensor. 

We request an exemption f rom § 91 .151 (a) Fuel requirements for fl ight in VFR 

conditi ons. 

The UAV is I 00% electric and two low battery alerts are issued - per the operating 

documents, the UAV will be landed at the first alert. Also, our Oights will last only 5-10 

minutes each, and the UAS has an automated function, which results in immediate 

landing when a low ballery is detected. T he PIC will not begin a Oight unless 

(considering wind and forecast weather conditions) there is enough power to fly to the 

first point of intended landi ng and, assuming normal cruising speed, land the UA with 

30% battery power remaini ng. 

Public Interest 

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. T he industry is not new. 

However, until recentl y it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies . By granting thi s exemption I would be 

abl e to provide affordable services . 

Further, the small UAS wi ll pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

our UAS will minimi ze harm to the environment economic growth by providing 

information to companies and the public look ing to relocate or build in the metro areas 

we service . Public and private events serviced by our business enhance vibrancy and add 

culture to the community and its citizens. 

Summm·y 

We will comply with all of the following conditi ons and limitations should this 

exemption be provided: 

I) Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-rotor aircraft weighing 60 ounces: Yuneec Q5004K 
Unmanned Aircraft System. 

2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), All altitudes reponed to AT C must be in feet AGL. 

4) The UA will be operated '<Vi thin visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times. 

5) All operations will utilize a visual observer (YO). The UA will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC wi ll be able to 

communicate verbally at all times. The PIC will be designated before the flight and will 

not transfer his or her designation for the duration of the flight. The PIC wi ll ensure that 

the YO can perform the functions prescribed in the operating documents. 

6) The operating documents wil l be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating documents 

'<Vi II be presented to the Administrator upon req uest. 

7) Prior to each fli ght, the PIC wi II inspect the U AS to ensure it is in a con eli tion for safe 

fli ght. If the inspection reveals a condition that affects the safe operation of the UAS, the 

UAS will not be operated until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe lli ght. The Ground Control Station will be 

included in the prefl ight inspection. All maintenance and alterations wil l be properly 

documented in the aircraft records . 

8) Any UAS maintenance or alterations that affect the UAS operati on or fli ght 

characteri stics. 

e.g. replacement of a fli ght critical component, wil l undergo a functional test fli ght. 

The PIC who conducts the functional test fli ght will make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents will account for all 

di screpancies, 

i .e . inoperable components, items, or equipment, not already covered in the relevant 

secti ons of the operating doc uments. 

10) We will fol low the UAS manufacturer's aircraft/component. maintenance, overhaul, 

replacement. inspection, and life limit requirements. 

I I) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. M aintenance. inspection, and alterations wi ll 

be noted in the aircraft records. including total llighr hours, descripti on of work 

accomplished, and the signature of the authori zed person returning the UAS to service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person wil l make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

14) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate li sting videos and public and private events and similar operations, the PIC 
wi ll have accumu lated and logged. in a manner consistent with 14 CFR 61.5 1(b), a 

minimum of 25 hours of total time as a UAS rotorcraft pilot includi ng at least I 0 hours 

logged as a UAS pilot w ith a multi-rotor UAS. 

15) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations , the PIC 

will have accumulated and logged, in a manner consistent with 14 CFR 6 1 .5 1 (b), a 

mini mum of 5 hours as UAS pilot operati ng the make and model of the UAS to be used 

in operations. T he PIC will accomplish 3 take-offs and landings in the preceding 90 days. 

16) The PIC will not operate the UAS for the purpose of aerial videography/photography 

and for real estate listing videos and public and private events and simi lar operations, 

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 

61 .5 1 (b), the abi l ity to safely operate the UAS in a manner consistent with the operating 

documents, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. A ll 

operations wi ll be conducted under visual meteorological conditions (VMC) . 

18) The UA wi ll not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-publi shed aeronauti cal chart. 

19) The UA will not be operated less than 500 feet below or less than 2,000 feet 

hori zontall y from a cloud or when visibility is less than 3 statute miles from the PIC. 

20) If a UA loses communications or loses its GPS signal , it will return to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operati ng documents. 

21) T he PIC will abort a fli ght in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

22) The PIC will not begin a fl ight unless (considering wind and forecast weather 

conditions) there is enough power to fl y at normal crui sing speed to the intended landing 

point and land the UA with 30% battery power remaining. 

23) We will obtai n an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations. and also request a Notice to 

Air-man (NOT AM) not more than 72 hours in advance. but not less than 48 hours prior to 

the operation . 

24) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commi ssion (FCC) or 

other appropri ate govern ment oversight agency requirements. 

25) The documents req uired under 14 CFR 91.9 ancl91.203 wi ll be avai lable to the PIC 

at the Ground Control Station of the UAS any time the UAS is operati ng. These 

documents will be made available to the Administrator or any law enforcement official 

upon request. 
26) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

27) The UAS will not be operated by the PI C from any moving device or vehicle. 

28) The UA will not be operated over congested or dense ly populated areas. 

29) Fli ght operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonpartici paling persons from 

the UA and/or debris in the event of an acciden£. We wi II ensure that nonpanici paring 

persons remain under such protection. If a situation ari ses where nonparticipating 

persons leave such protection and are within 500 feet of the UA, fli ght operations must 

cease immediately and/or; 

b. The aircraft is operated near vessels . vehicles or structures where the owner/controller 

of such vessels. vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, YO, operator trai nees or essential persons do not present 

an undue hazard to those persons per § 91 .I 19(a). 

30) All operations wi ll be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Perm iss ion from 

land owner/controll er or authorized representative wi ll be obtained for each flight to be 

conducted. 

3 1) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents wi l l be reported 

to the National Transportation Safety Board (NTS B) per instructions contai ned on the 

NTSB Web site: www.ntsb.gov. 

If you have questions or need additional information, please contact me at 

j eff@jeffreyphelps.com or 414-943-3()00 

Thank you, 

Jeffrey Phelps, Owner Jeffreyu Phelps Photography LLC