1

Jonathan R. Geddis

March 7, 2016

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave.

SE Washington, DC 20590

RE: Exemption Petition under Section 333 of the FAA Modernization & Reform Act, 

and Title 14 Part 11 of the Code of Federal Regulations (CFR)

Dear Sir or Madam, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Jonathan R. Geddis (the “applicant”), operator of an Unmanned 

Aircraft System (“UAS”) seeks an exemption from the Federal Aviation Regulations (“FARs”) 

to allow for commercial operation for aerial imaging and video for the purpose of marketing 

materials and media.

 BACKGROUND

Petitioner seeks the requested exemptions and a Certificate of Authorization (COA) to permit 

Petitioner to offer on-demand commercial UAS operations for a host of industries and 

applications including:

- Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

- Aerial video and/or photography for public and/or private use including television, 

video production, public events, landscape cinematography and network news imaging.

- Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority. 

- Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

- Training to persons individually or belonging to both private and/or public 

organizations to increase awareness and improve safety for current and future UAS 

operations within the National Airspace System (NAS).

- Wildlife and forestry monitoring.

- Educational and research operations.
2

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113(a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109

14 CFR 91.119(c) 

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) 

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. including 

payload. Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots 

and have the ability to hover and move along a vertical and horizontal plane simultaneously. 

They will operate in line of sight only and by the exempted person only obeying all other local 

and federal laws. Given the small size of the UAS and the controlled environment provided the 

proposed operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding the 

proposed operations and the public benefit, reduction in environmental impacts, including but 

not limited to reduced emissions and noise, the grant of the requested exemption is in the public 

interest. Accordingly the applicant requests that the FAA grant the requested exemption with 

minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include: 
3

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever 

occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

 (AGL) and not more than 200 feet above an elevated platform from which filming is 

 planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the Visual Observer (VO) when needed and may include but not limited to a 

 Camera Operator. 

6. The small UAS pilot will be Jonathan R. Geddis ONLY not allowing any other 

person to operate the small UAS in a commercial capacity. 

7. A briefing will be performed regarding the planned small UAS operations prior to 

each day’s flight consisting of all the days’ production activities. 

8. The PIC will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of 

the flight operation, and the radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required under the FOM. With the 

advanced permission or direction of the FSDO, operations at closer range may be 

approved. 

9. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show 

upon request their competent ability to operate the small UAS and/or Camera. 

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

 governmental agencies when needed. 

12. If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and 

 land autonomously. 

13. The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 
4

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

The small UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements 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 credible threat to national security posed by the small 

UAS, due to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

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

Even though the small UAS will have no airworthiness certificate, an exemption may be needed 

as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the small UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 

(f). The equivalent level of safety will be provided by having the small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the small 

UAS will see the identification of the small UAS as “Experimental.” 

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

Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an 

exemption to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote 

control piloting skills. The risks attendant to the operation of small UAS is far less than the risk 

levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and 

limitations set forth in the FOM will equate to the safe operation of the small UAS. 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no 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. 
5

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

The small UAS, given its 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 flying the small UAS 

will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft 

an exemption will be needed. The OPERATOR will take all actions including reviewing 

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

before initiation of flight. 

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

Small UAS and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

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

As this exemption is for a small UAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which 

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

the small UAS will never operate at higher than 400 AGL with the exception that in 

circumstances where the small UAS is used to survey or photograph a structure whose height 

exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest 

point on the structure. It will however be operated in a restricted area with security perimeter, 

where buildings and people will not be exposed to operations without their preobtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the small UAS as 

well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 
6

participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than 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 AGL. In addition, the low-altitude operations of the small UAS will ensure separation 

between these small- UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

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

As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

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

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. Operating the small UAS, in a tightly controlled area 

where only people and property owners or official representatives who have signed waivers will 

be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Applicant 

believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 

25% of battery power— whichever happens first. This restriction would be more than adequate 

to return the small UAS to its planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The small UAS fully loaded weighs no more 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 small UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the small UAS will have immediate 

access to them; to the extent they are applicable to the small UAS. 14 C.F.R. §91.405 (a); 407 (a) 

(1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft 

operator or owner “shall have that 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
7

discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only 

to aircraft with an airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because these small UASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the small UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in 

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

maintenance performed. Moreover, 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. 

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

performed in accordance with the small UAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the 

small UAS is in working order prior to initiating flight and perform required maintenance 

needed. Additionally: 

1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or 

the airport manager has been made. 

2) I land my UAS prior to manufacturer recommended minimum level of battery power 

3) I pilot my UAS through remote control by line of sight 

4) My UAS uses GPS and a flight safety feature whereby it returns to a pre programmed 

position and then slowly lands if communication with the remote control pilot is lost 

5) I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols 

6) I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance 

7) I always obtain all necessary permissions prior to operation; and, 

8) I have procedures in place to abort flights in the event of safety breaches or potential 

danger. 
8

Small UAS to be used is as follows: 

(1) DJI Phantom 3 Professional 

Weight (Including Battery And Propellers) 1280 g 

Diagonal Size (Including Propellers) 590 mm 

Max Ascent Speed 5 m/s Max Descent Speed 3 m/s 

Hover Accuracy:

 Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m 

 Horizontal: +/- 1.5 m Max Speed 16 m/s (ATTI mode, no wind) 

Thank you for your time in reviewing and considering my section 333 exemption. 

Sincerely, 

Jonathan R. Geddis