Nolan Gustafson 

1917 Pampas Trail Dr. 

Friendswood, TX 77546 

10/20/15 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Aviation Regulations from 14 C.F.R. Parts 21; 45.23(b); 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 

(b)(2); 91.109(a); 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.319 (a)(1); 91.405 (a); 91.407 (a)(1); 

91.409 (a)(2) and 91.417 (a) & (b)

Dear Sir or Madam, 

I, Nolan Gustafson, 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 I, Nolan Gustafson, an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that I, Nolan Gustafson, may operate my small ultra light weight 

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

Administration (“FAA”). 

As described herein I, Nolan Gustafson, am an experienced RC multi-copter enthusiast, in the 

state of Texas. I intend to use my Dji Phantom 3 Professional, and Dji Inspire 1, equipped with a 

camera for aerial photography/videography/cinematography. My small lightweight UAS is a cost 

effective and potentially safer option than utilizing the industry standard single engine plane or 

rotorcraft for aerial photography. If given the exemptions required to commercially fly a UAS, I 

will operate my UAS in a safe and effective manner while observing all guidelines set forth by 

the exemption. 

Granting my, Nolan Gustafson’s , request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the 

use of UAS's for commercial photography. Further I, Nolan Gustafson will conduct my 

operations in compliance with the protocols described herein or as otherwise established by the 

FAA. 

For the reasons stated below I, Nolan Gustafson respectfully request the grant of an exemption 

allowing me to operate ultra light weight, remote controlled UAS’s for commercial aerial 

photography/videography/cinematography. 
Nolan Gustafson  2

I. Contact Information: 

Nolan Gustafson 

1917 Pampas Trail Dr. 

Friendswood, TX 77546 

nolan.gustafson@whirlwindsteel.com 

II. The Specific Sections of Title 14 of the Code of Federal Regulations 

From Which Nolan Gustafson Requests Exemption are: 

14 C.F.R. 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 61.133 (a) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b)(2) 

14 C.F.R. 91.109(a) 

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. 91.319 (a)(1) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 91.407 (a)(1) 

14 C.F.R. 91.409 (a)(2) 

14 C.F.R. 91.417 (a) & (b) 

 

III. The Extent of relief Nolan Gustafson seeks and the Reason He Seeks Such 

Relief: 

I, Nolan Gustafson, 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 me, Nolan 

Gustafson, contemplated commercial cinematic, academic and other flight operations 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. My, Nolan Gustafson’s, ultra light weight UAS meets the definition of “small unmanned 

aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is 

expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS 

prior to the time period by which the Reform Act requires the FAA to promulgate rules governing 

such craft. The Reform Act guides the Secretary in determining the types of UAS's that may 

operate safely in our national airspace system. Considerations include: The weight, size, speed 

and 

overall capabilities of the UAS's; Whether the UAS will be operated near airports or heavily 

populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for me, Nolan Gustafson. My UAS utilizes 

four (4) counter-rotating propellers for balance, control and stability. My UAS is equipped with 

GPS and auto return safety technology. Weighing less than five (5) pounds (far below the 

maximum 

55 pound limit); including camera with gimbal. 
Nolan Gustafson  3

I, Nolan Gustafson, consider safety as foremost with each flight. My UAS is designed to hover in 

place via GPS and operate in less than a 20 knot wind. For safety, stability and fear of financial 

loss I will not fly in winds exceeding 10 KPH. Built in safety systems include a GPS mode that 

allows my UAS to hover in place when radio controls are released. . When pilot communication 

is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near 

airports, Hospitals nor Police heliports, and do not operate near areas where general public is 

within fifty to one hundred (50-100) yards depending on location, conditions and weather. 

Utilizing battery power rather than combustible fuels, flights generally last between three (3) to 

fifteen (15) minutes, with an altitude under one hundred fifty (150) feet AGL. I, Nolan Gustafson, 

will operate my UAS with a fully charged battery and will ensure there is enough power to return 

to the original starting destination with 2 minutes reserve on a battery as tested lasting 22 

minutes. 

IV. How Nolan Gustafson’s Request Will Benefit the Public As A Whole: 

Aerial videography is traditionally achieved using small single engine aircraft equipped with 

large cameras. In order to achieve a clear picture, the pilot is tasked with performing ground 

reference maneuvers at around 1000ft AGL. By utilizing a UAS for this function, pilots reduce 

the risk of damages to persons or property in the event of an in flight emergency. Congress has 

already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into 

the national airspace system, hence the passing of the Reform Act. 

V. Reasons Why Nolan Gustafson’s Exemption Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To 

Existing Rule: 

I, Nolan Gustafson, believe that by allowing this exemption, it will create the beginning 

framework for other UAS enthusiasts to operate their aircraft in a much more regulated and 

safer environment. By creating laws and regulations for commercial UAS use, it will legitimize 

the industry and create a clear path for safer aviation. Additionally, my UAS is equipped with fail 

safe programming that allows it to fly and return safely if the pilot were to become incapacitated, 

or the connection was lost. 

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

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 of my, Nolan Gustafson’s, UAS permits exemption from 

Part 21 because my UAS 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 UAS's from the airworthiness 

certificate requirement in consideration of the weight, size, speed, maneuverability and proximity 

to areas such as airports and dense populations. My, Nolan Gustafson ‘s current and projected 

UAS's meet or exceed each of the elements. 
Nolan Gustafson  4

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 UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining safety/flight manual delineating areas 

of where safety can be defined. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 

and 32827. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. UAS’s are remotely piloted aircraft and by design and 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. See Exemption Nos. 5778K & 9862A. Additionally, in the absence of 

previous training requirements, Nolan Gustafson is a seasoned UAS pilot having flown hobby 

grad UAS’s for a number of years without incident 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS 

utilizes electronic global positioning systems with a barometric sensor. 

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 

me, Nolan Gustafson. 

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 UAS 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. Regardless, I will mark its UASs in the largest 

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

C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with the UAV will see 

the markings. The FAA has previously issued exemptions to this regulation through Exemptions 

Nos. 8738, 10167, 10167A and 10700. 

14 C.F.R. § 61.113; 14 C.F.R. § 61.133: Private Pilot Privileges and Limitations; PIC; 

Commercial Pilot Privileges and Limitations: 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial 

operations. Section 61.133(a) requires an individual with a commercial 

pilot’s license to be pilot in command of an aircraft for compensation or hire. I, Nolan Gustafson, 

can achieve an equivalent level of safety as achieved by current regulations because my UAS 

does not carry any pilots or passengers. The risks attended to the operation of my UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. 
Nolan Gustafson  5

Thus, allowing me, Nolan Gustafson, to operate my UAS meet and exceed current safety levels 

in relation to 14 C.F.R. §61.113 (a) & (b) and 14 C.F.R §61.133 (a) . 

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

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. My UAS will never operate at 

an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Nolan Gustafson, will 

however operate my UAS in safe areas away from public and traffic, providing a level of safety 

at least equivalent to or below those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will 

be achieved. 

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

This regulation prohibits an individual from beginning “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 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” I 

Nolan Gustafson will be operating a UAS utilizing battery power rather than combustible fuels, 

flights generally last between three (3) to fifteen (15) minutes, with an altitude under one 

hundred fifty (150) feet AGL. I, Nolan Gustafson, will operate my UAS with a fully charged 

battery and will ensure there is enough power to return to the original starting destination with 2 

minutes reserve on a battery as tested lasting 22 minutes. 

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

Inspections. 

Section 333 Exemption Petition 

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. 

. . .” 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Nolan Gustafson’s , UAS. 

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 for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of my UAS permits exemption from Part 21 because my, Nolan 

Gustafson’s UAS meets 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 
Nolan Gustafson  6

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 UAS's from the airworthiness certificate requirement in 

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

and dense populations. My UAS 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 pilots or passengers,

and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will 

be achieved by maintaining a manual. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

maintenance program that involves regular software updates and curative measures for any 

damaged hardware. Therefore, an equivalent level of safety will be achieved. 

In summary, Nolan Gustafson 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. §§ 61.133 

(a); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.109(a); 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. § 91.319 

(a)(1); 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 my, Nolan Gustafson’s, small unmanned 

vehicle/lightweight unmanned aircraft vehicle in thereby enhance safety. My UAS craft do not 

contain potentially 

Thank you for your time and consideration in this matter. 

Regards, 

Nolan Gustafson