December 24, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E. Washington, D.C. 20590

RE: Request for Exemption under Section 333 of the FAA Reform and Modernization

Act of 2012 and Part 11 and Part 21 of the Federal Aviation Regulations from: 14 C.F.R.

21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.21; 14 C.F.R.

45.23; 14 C.F.R. 45.23(b); 14 C.F.R. 45.25; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R.

47.3(b)(2); 14 C.F.R. 47.31(c); 14 C.F.R. 61.113; 14 C.F.R. 61.113(a) and (b); 14 C.F.R.

91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R

91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.115; 14 C.F.R. 91.119; 14

C.F.R. 91.119(b)(c); 14 C.F.R. 19.121; 14 C.F.R. 91.151; 14 C.F.R. 91.151(a); 14 C.F.R.

91.203(a) and (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 14 C.F.R. 91.405; 14 C.F.R.

19.405(a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409; 14 C.F.R.

91.409(a)(2) and 14 C.F.R 91.417; 14 C.F.R. 91.417(a) and (b).

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 and Part 21, I, Carl R. Hale, President/Owner of Hale & Hearty, Inc, an Entertainment 

Film and Video Production Company and operator of small Unmanned Aircraft Systems or (UAS) 

equipped to conduct aerial still and cinematography in closed set filming in motion picture and 

television production, corporate/industrial asset inspection and marketing, and media for entertainment 

and/or news organizations hereby petitions for an Exemption from the listed Federal Aviation 

Regulation or (FARs) to permit commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. The intended utilization of the UAS operations contemplated by this petition is 

in the public interest because it clearly satisfies the Four D’s of exemplary uses of UAS: to replace work 

that is Dangerous, Difficult, Dull, or Dirty, while simultaneously providing an equivalent or greater level 

of safety than approved manned aircraft operations.

Hale & Hearty, Inc. referred to herein as H&H, is a television production company that has provided 

video footage commercially for over 30 years. H&H's President and Director of Photography (DP) has 

held a private pilot certificate for 40 years. He has overseen many fixed- wing and rotorcraft

_______________________________________________________________________

Hale & Hearty, Inc. • 768 Harpeth Bend Drive, Nashville, TN 37221 • (615) 673-0015

Mailing Address: P.O. Box 210795, Nashville, TN 37221 

Carl R. Hale (Randy) – President • randyhale@aol.com
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U.S. Department of Transportation 

Docket Management System

12/24/2015

Page Two

aerial productions as DP and worked directly with the pilot in command (PIC) and production 

management to insure safe and well executed aerial operations. 

H&H seeks to provide aerial photographic services that are in demand from it's clients at a greatly 

reduced cost and an even greater amount of safety to both crew and the public via the use of UAS.

H&H seeks to build on its years of successful and safe production operations in the motion picture and 

television production, corporate/industrial and news organizations to offer UAS as an alternative to other 

aircraft options. 

The intended utilization of the UAS operations contemplated by this petition is in the public interest 

because it will clearly lower the risk to persons and property over alternative aerial photography from 

fixed wing and rotorcraft flight. 

Because of FAA restrictions as well as the H&H internal flight operations policies and operating

procedures for UAS, (see attached Exhibit #1: Hale and Hearty, Inc. Motion Picture and Television 

Operations Manual: MPTOM), using a UAS to capture aerial footage is, first and foremost, safer both 

the production crew and the public by reducing risk, but also is much less complicated to commercially 

produce and at a significantly reduced cost allowing more opportunities and commerce for H&H. And, 

in fact, a UAS offers as much or sometimes more value to a production than conventional manned 

aircraft photography.

Thank you for the opportunity to enhance and further my flying experience, provide requested services 

for our existing and potential commercial clients and to participate in the rapid growth and safety 

procedures in the UAS flying community. 

Sincerely,

Carl R. Hale; President/ Hale & Hearty, INC., Private Pilot
I

Table of Contents

I. Publishable Summary..........................................................................................1

II. Petitioner’s Contact Information ......................................................................4

III. H&H Operation(s) ..................................................................................................5

A. UAS (DJI Phantom 3 Professional) ...................................................................5

B. Flight Conditions ..........................................................................................6

1. Scripted Closed-Set Filming and Videography ...............................................6

2. Aerial Photography ...................................................................................6

3. Aerial Utility Company Inspection. ................................................................6

C. Flight Operations ...........................................................................................7

IV. Privacy ...................................................................................................7

V. Aircraft and Equivalent Level of Safety ...........................................................8

VI. Public Interest and Safety ...........................................................................11

VII. Regulations from which Exemption is Requested ...............................................11

A. 14	C.F.R.	21(h):	Airworthiness	Certificates	..............................................................11

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft

engines, propellers, appliances, or component parts for return to service after 

maintenance, preventative maintenance, rebuilding, or alteration....................... 12

C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections 

conducted under parts 91, 125, 135.411(a)(1) and 135.419 of this chapter..........11

D. 14 C.F.R. 45.11: Marking of products ...............................................................12

E. 14 C.F.R. 45.21: General ..........................................................................12

F. 14 C.F.R. 45.23: Display of marks; general ..................................................12

G. 14 C.F.R. 45.25: Location of marks on fixed-wing aircraft.................................13

H. 14 C.F.R. 45.27: Location of marks; non fixed-wing aircraft .............................13

I. 14 C.F.R. 45.29: Size of marks ........................................................................13

J. 14 C.F.R. 47.3(b)(2): Registration required .......................................................14

K. 14 C.F.R. 47.31(c): Application .......................................................................14

L. 14 C.F.R. 61.113: Private Pilot Privileges and Limitations: Pilot in Command...14

M. 14 C.F.R. 61.113(a) and (b): Private Pilot Certificate and Act as Pilot in

Command ..............................................................................................................16

N. 14 C.F.R. 91.7(a): Civil aircraft airworthiness ................................................18
II

O. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, markings, and placard 

requirements...........................................................................................................18

P. 14 C.F.R. 91.9(c): Civil aircraft flight manual, markings, and placard 

requirements ..........................................................................................................18

Q. 14 C.F.R. 91.103: Flight preparation ..........................................................19

R. 14 C.F.R. 91.103(a)(b)(1)and(2): Preflight procedures and actions ....................19

S. 14 C.F.R. 91.105: Flight crewmembers at stations .......................................20

T. 14 C.F.R. 91.109: Flight instruction: Simulated instrument flight and certain

flight tests...............................................................................................................20

U. 14 C.F.R. 91.113(b): Right-of-way rules: Except water operations......................20

V. 14 C.F.R. 91.115: Right-of-way rules: Water operations .............................21

W. 14 C.F.R. 91.119: Takeoff and Landing ............................................................21

X. 14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General .........................22

Y. 14 C.F.R. 91.121: Altimeter Settings .......................................................23

Z. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions ...................23

AA. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required ................24

BB. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment

and use...................................................................................................................26

CC. 14 C.F.R. 91.403: General .......................................................................26

DD. 14 C.F.R. 91.405(a) and (b): Maintenance Required ...........................................26

EE. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance,

rebuilding or alteration...........................................................................................27

FF. 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance,

rebuilding or alteration ...............................................................................27

GG. 14 C.F.R. 91.409: Inspections .....................................................................28

HH. 14 C.F.R. 91.409(a)(2): aircraft issuance of airworthiness certificate inspection 28

II. 14 C.F.R. 91.417: Maintenance records .....................................................29

JJ. 14 C.F.R. 91.417(a) and (b): Owner/Operator records of

maintenance for aircraft.........................................................................................29

Exemption Summary............................................................................................................30
III

Exhibit List

Exhibit 1: H&H Motion Picture and Television Operations Manual (MPTOM)..... ....................31

File name is: Exh1_MPTOM_Hale_Hearty.pdf

Exhibit 2: DJI Phantom 3 Professional User Manual ...................................................................31

File names are: Exh2A_DJI_Phantom3PRO_userManual__P1-25.pdf

Exh2B_DJI_Phantom3PRO_userManual_P26-59.pdf

Exhibit 3: Barnes, M.J.; Knapp, B.G.; Tillman, B.W.; Walters, B.A. and Veliki, D. (2000).

Crew Systems Analysis of Unmanned Aerial Vehicle (UAV) Future Job 

and Tasking Environments. Technical Report ARL-TR-2081, Aberdeen Proving 

Ground, MD.: Army Research Laboratory. ................................................................32

File name is: Exh3_ADA374230.pdf

Exhibit 4: Williams, K.W. (2007). Unmanned Aircraft Pilot Medical Certification

Requirements, Report DOT/FAA/Am-07/3, FAA Civil Aerospace Medical Institute..................32

File name is: Exh4_ua-pilot_medical.pdf

Exhibit 5: McCarley, J.S. and Wickens, C.D. (2004). Human Factors Implications of UAV’s

in the National Airspace. Institute of Aviation, Aviation Human Factors Division. 

University of Illinois at Urbana-Champaign. .................................................................32

File name is: Exh5_uavPlanFinal.pdf
 

1

I. Publishable Summary

Pursuant to 14 C.F.R. Part 11 and Part 21, the following summary is provided for publication in 

the Federal Register, should it be determined that publication is needed:

Applicant seeks an Exemption from the following Rules:

14 C.F.R. 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.21; 14

C.F.R. 45.23; 14 C.F.R. 45.23(b); 14 C.F.R. 45.25; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14

C.F.R. 47.3(b)(2); 14 C.F.R. 47.31(c); 14 C.F.R. 61.113; 14 C.F.R. 61.113(a) and (b); 14

C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R

91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.115; 14 C.F.R. 91.119; 14

C.F.R. 91.119(b)(c); 14 C.F.R. 19.121; 14 C.F.R. 91.151; 14 C.F.R. 91.151(a); 14 C.F.R.

91.203(a) and (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 14 C.F.R. 91.405; 14 C.F.R.

19.405(a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409; 14 C.F.R.

91.409(a)(2) and 14 C.F.R 91.417; 14 C.F.R. 91.417(a) and (b) to operate commercially a small 

unmanned aircraft system (UAS) (15 lbs or less).

Approval of Exemption 333 for H&H will allow commercial operations of UAS within the field 

of expertise that H&H business is built on. For over 30 years H&H has supplied production for 

motion picture and television companies, corporate and industrial companies, entertainment 

companies, news organizations in the US and other countries as well as NASA and the US 

military.

H&H intends to use these exemptions to benefit the public by increasing overall safety and 

lowering risk associated with manned flight operations.

The current and most prominent method of acquiring aerial footage is via fixed wing and 

rotorcraft aircraft with at least 2 or more personnel carrying photographic equipment. Most 

often these operations involve not only the flight crew but ground crew as well. Because of 

weight, size and explosive fuel usage, this is much more dangerous and significantly more 

costly than using UAS equipment.

H&H is very familiar with aerial photography and has supplied these production services for 

over 30 years by providing production management, retaining the proper aircraft, PIC, and 

photography gear.

As an example, Carl Hale, H&H president, has flown these types of flight operations working 

for Alcoa Fujikura as a cameraman and DP (Director of Photography) to document the correct 
 

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procedure and obtain marketing footage demonstrating how to properly replace the ground wire 

installed at the top of high voltage power line towers with state of the are fiber optic/ground 

wire cabling. This was an extremely dangerous flight and production operation that H&H 

managed by coordinating communications and safety procedures with all parties involved.

Other flights operations have included low flying city streets, entertainment facilities, raceways, 

stadiums, festivals as well as industrial sites. In most of these operations, the risk to the public 

and crew could have easily been reduced via UAS equipment. And, for most of these flight 

operations, a UAS would have provided better photography opportunities resulting in both a 

better final commercial product at a lower cost and an overall safer operation.

In this respect H&H feels that the enhanced safety achieved using an unmanned aircraft (AU) is 

in the public interest.

The operation of a UAS, weighing less than 55 lbs., conducted in the strict conditions outlined 

below will provide an equivalent level of safety supporting the grant of the Exemptions 

requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to 

ground, and in a low risk, low to moderate population environment and, as a result, are far safer 

than conventional operations conducted with rotorcraft, fixed-wing aircraft or even cranes and 

personnel lifts operating in close proximity to the ground, buildings, people, and other elevated 

standing structures. 

The intended utilization of the UAS operations contemplated by this petition is in the public 

interest because it is clearly a safer alternative to low flying fixed wing and rotorcraft equipment

when operated with proper safety rules, regulations and H&H company procedures as mandated 

in the Hale & Hearty, Inc Motion Picture and Television Operations Manual (MPTOM), as well 

as the DJI Phantom 3 Professional User Manual (Please see attachments: Exhibits #1, #2,).

H&H is seeking relief from any currently applicable FARs to prevent H&H from providing 

aerial obtained media on a commercial basis. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft into our national airspace as it is in the public interest to 

do so. H&H 's lightweight UAS meets the definition of “small unmanned aircraft” as defined in 

section 331, and therefore the integration of H&H UAS is expressly contemplated by the 

Reform Act.

The FAA has granted similar exemptions in material respect by way of Exemption Nos. 11062 

to Astraeus Aerial; 11109 to Clayco, Inc.; 11112 to VDOS Global, LLC.; and 11213 to Aeryon 

Labs, Inc. Each of the following H&H operational and safety procedures urges in favor of an 

exemption for H&H:

Aircraft: DJI Phantom 3 Professional. These are among the most stable and reliable airframes 

commercially available with advanced electronics for PIC flight control and data feedback of 

the UAS. 
 

3

All crews consist of 2 persons; the PIC (Pilot in Command) and a VO (Visual Observer). 

The DJI Phantom 3 Professional airframe with full payload, battery and props is less than 5 

pounds and well below the FAA mandated 55 lbs. 

Preflight and post flight inspections as well as flight operations are conducted in accordance 

with the Hale & Hearty, Inc. Motion Picture and Television Operations Manual (MPTOM) and 

the aircraft user manual (Please refer to attachments : Exhibits #1 & #2). H&H's PIC’s are 

required to have read and have in their possession these manuals during all flight operations.

The UAS's maximum altitude is set for the FAA mandated 400 foot ceiling. It is equipped with 

an information on screen display (iOSD) providing the PIC real time visual information which 

includes battery level, altitude, air speed, heading and ascent or descent speeds.

The maximum airspeed of the DJI Phantom 3 Professional is well under 50 knots.

The UAS flight will be during daytime only and operate under VFR conditions as well as by 

visual line of sight (VLOS).

The UAS is battery powered by a lithium polymer battery with percentage feedback to the PIC 

by both lights on the UAS and direct readout on the remote control (RC). PIC’s are instructed

to land when battery power drops to 25% capacity.

No combustible fuels are used.

H&H does not conduct flight operations near airports or in designated “restricted” or “no fly” 

zones. Pre-production planning and flight path scouting is a part of the H&H MPTOM standard 

operating procedures for a UAS flight.

All UAS flight activities are in support of main production operations and are used for acquiring 

supplemental footage, scenic scenes and b-roll. UAS’s will not be flown over general public and 

only in the vicinity of authorized production personnel. That, in effect, represents a "closed set 

operation" where every person and property involved within the UAS flight area has both been 

notified and has given permission to be involved in the flight.

H&H carries general liability insurance.

Please see H&H Motion Picture and Television Operations Manual (MPTOM), and the DJI 

Phantom 3 Professional operations manual (see attachments: Exhibits #1, #2) for more specific 

H&H Standard Operating Procedures.)

For these reasons listed, H&H's operation of small UAS will mitigate risk and not “create a 

hazard to users of the NAS or the public.” 112 P.L. 95 § 333 (b). Given the small size and 

multiple redundant safety features inherent to the technology as well as H&H MPTOM safety 

and operation procedure manuals, H&H UAS operations fall well within Congress’s 
 

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contemplated safety parameters when it authored the Reform Act and the corresponding 

directive to integrate UASs into the national airspace.

H&H's safety standards and practices are equal to or higher than the FAA is seeking in granting 

exemptions to UAS operators. H&H has a superb safety record for successful aerial 

photography in particular and television "on set" production in general.

As a public benefit, H&H will:

• Reinforce to the film and television production community a “best standards and 

practices” example for UAS safety and flight operations. 

• Reinforce public opinion on the positive impact of UAS technology and as a result 

furthering the economic viability of the industry. 

• Further a rapidly evolving art form in a safe and responsible way. 

• Increase the overall quality of lower budget television programming that cannot meet the 

financial and insurance requirements of supplying rotorcraft or fixed wing aircraft for 

filming. 

• Create jobs and contribute to economic growth by attracting customers who would 

normally reject conventional aerial photography methods rather that UAS because of the 

substantial increase in danger and cost.

• Positive environmental impact through a reduction in carbon emissions. 

• Reduce the dangers of using significantly larger aircraft carrying highly combustible 

fuels to achieve the same or better photography results via UAS.

The FAA has the authority to issue an exemption to H&H pursuant to: The Federal Aviation Reform 

Act 85 P.L. 726 (1958)

II. Petitioner’s Contact Information

Hale & Hearty, Inc. 

768 Harpeth Bend Drive

Nashville, TN 37221

Mailing Address: P.O. Box 210795, Nashville, TN 37221

Tel: 615-673-0015

Email: randyhale@aol.com

Private Pilot Certificate # 414111547
 

5

III. Hale & Hearty, Inc. Operations

A. The UAS

The requested Exemption will permit the operation of small, unmanned multi-rotor aircraft 

based on the DJI Phantom 3 Professional weighing less than five (5) pounds (inclusive of 

batteries and technical payload). These rotorcrafts operate at speeds of no more than thirty-two 

(32) knots, and have the capability to hover and move in the vertical and horizontal planes 

simultaneously.

The UAS will have the following specifications or equivalent: 

• Airframe: DJI Phantom 3 Professional 

• Serial #: P76 DCD 07010587

• Model: W323

• Weight: 2.82192 lbs.

• Dimensions: 23.2283 inches x 23.2283 inches x 10 inches.

• Maximum Air Speed: 35.791 mph, 32 knots

• Cruising Airspeed: 22.37 mph

• Power Plant: Four motors model DJI 2312/960Kv 

• Power Supply: 4-cell 4480mAh Lithium Polymer battery

• Four Propellers Model DJI 9450

• RC (remote Controller): model GL300A

• RC operating frequency: 2.400GHz-2.483 Ghz

• Live Video broadcast frequency: 2.400GHz-2.483 Ghz

• Features Intelligent Orientation Control (IOC)
 

6

• Features OSD (On Screen Display): battery level, altitude, air speed, heading

Please refer to Attachment Exhibit #2: DJI Phantom 3 Professional User Manual for further 

information about the Phantom 3, Intelligent Orientation Control (IOC) control system and 

other specifications.

B. Flight Conditions

The UAS will be flown in airspace between and less than 400 feet above ground level (AGL) 

and under controlled conditions on restricted, populated, rural, and private property. The UAS 

will be used for aerial still and cinematography in closed set filming in motion picture and 

television production, corporate/industrial asset inspection and marketing, and media for 

entertainment and/or news organizations.

1. Scripted Closed-Set Filming and Videography

Hale & Hearty, Inc. proposes Exemption under Section 333 to operate commercially in private, 

secured-entry and scripted closed-set filming and videography operations, including but not 

limited to the City of Nashville and the Greater Nashville Metropolitan region. These areas are 

abundant with aerial scenic, photographic, and cinematographic opportunities with many areas 

providing secured time limited access that greatly reduces hazardous conditions for the public. 

H&H intends to expand its UAS operations in other locations where television and motion 

production, private, public and commercial utilities as well as other media support require aerial 

photography. Any aerial utility company inspection operations will be guarded and restricted to 

locations in Class G airspace and at least 5 miles from any controlled and uncontrolled runways, 

(airports) to protect the public from hazardous conditions.

2. Aerial Photography

H&H proposes Exemption under Section 333 to operate commercially in private and semipublic secured-photography operations including but not limited to the City of Nashville and the 

Greater Nashville Metropolitan region. These areas are abundant with aerial scenic, 

photographic, and cinematographic opportunities with many areas providing secured time 

limited access that greatly reduces hazardous conditions for the public. 

H&H intends to expand its operation in other parts, similarly to abundant power lines, 

communication towers and antennas, and municipality water tower areas in the United States, if 

permitted. Any aerial utility company inspection operations will be guarded and restricted to 

locations in Class G airspace and at least 5 miles from any controlled and uncontrolled runways, 

to protect the public from hazardous conditions.

3. Aerial Utility Inspection

H&H proposes Exemption under Section 333 to operate commercially in private, secured-entry
 

7

aerial utility company and community municipality site inspection operations including but not 

limited to the City of Nashville and the Greater Nashville Metropolitan region. These areas are 

abundant with power lines, communication towers and antennas, and municipality water towers 

with many areas fenced off and have manned and secured gates and personal which restrict 

public access, providing and offering secured time limited access which greatly reduces 

hazardous conditions for the public. 

H&H intends to expand its operation in other parts, similarly to abundant power lines, 

communication towers and antennas, and municipality water tower areas in the United States, if 

permitted. Any aerial utility company inspection operations will be guarded and restricted to 

locations in Class G airspace and at least 5 miles from any controlled and uncontrolled runways, 

to protect the public from hazardous conditions.

C. Flight Operations

The purpose of the UAS flight will be to safely, accurately, and efficiently capture 

Aerial cinematography/photography in closed set filming in motion picture and television 

production, corporate/industrial asset inspection and marketing, and media capture of 

entertainment or news organizations.

Please refer to the attached document entitled Hale & Hearty Inc. Motion Picture and Television 

Operations Manual (MPTOM) (attached Exhibit #1). This document has been written with strict 

company flight operations to insure safety to the public and adhere to FAA rules and restrictions 

concerning UAS operations.

The H&H flight manual (MPTOM) includes "go-by" documents and releases for permissions as 

well as safety operations procedures for UAS maintenance, flight checklist and FAA interface 

procedures.

IV. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all 

flights will occur over controlled access property with the property owner’s prior consent and 

knowledge. In addition, as the fly over areas will be under controlled designated scripted 

closed-set area(s), chosen photographic site(s), and fenced off or otherwise secured corporate 

industrial sites, there is little to no chance that there will be other property or people who have 

not consented to being filmed, videotaped, or photographed.

No attempt will be made to identify any individuals filmed, videotaped, or photographed during 

the flights except in cases where they are trespassing upon or damaging customer property, or 

interfering with the applicant’s or its customers’ operations. H&H respects the privacy of unconsenting or otherwise un-willing individuals or companies to be photographed or in any way 
 

8

be disturbed by the UAS.

V. Aircraft and Equivalent Level of Safety

H&H proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for 

at least an equivalent or higher level of safety to operations under the current regulatory

structure.

The limitations and conditions to which H&H agrees to when conducting commercial 

operations under an FAA issued UAS exemption include:

1. The UAS will be the DJI Phantom 3 Professional (or similar) and weigh less than 55 lbs.

2. Flights will be operated at an altitude of no more than 400 feet AGL. 

3. Maximum speed not to exceed 50 (58 MPH) or beyond the manufacturers recommended

maximum airspeed.

4. Flights will be terminated at 25% battery power.

5. The UAS must be operated at daytime under VFR conditions, 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.

6. The UAS must not be operated within 5 nautical miles of an airport without prior permissions 

and waivers.

7. All flight operations must be conducted at least 500 feet from nonparticipating persons, vessels, 

vehicles, structures and property unless permissions and releases have been obtained and the PIC 

renders the area safe. The UAS must remain clear and give way to all manned aviation operations 

and activities.

8. The PIC must be in control of the UAS at all times and may not transfer his or her designation for 

the duration of the flight.

9. The PIC may not operate from a moving platform.

10. The minimum crew for each operation will consist of the UAS Pilot in Command (PIC) and a 

Visual Observer (VO).

11. PIC and VO will at all times be able to communicate directly.
 

9

12. Flights will be operated within a visual line of sight (VLOS) of the PIC and/or VO.

13. PIC will have a minimum of 40 UAS flight hours with 100 flight cycles, 10 hours with the UAS to 

be used in the flight operation and at least 3 flight cycles within 90 days of the flight operation.

14. The PIC or Chief Pilot for H&H will submit FAA form 7711-2 and an H&H Plan of Activities to 

the appropriate Flight Standards District Office (FSDO) before the start of any flight operation. 

15. The PIC will conduct a briefing ("safety meeting") in regard(s) to the planned UAS operations 

prior to each day’s "on set" flight operation. The safety meeting must include the following 

information:

• PIC and VO (duties and communications)

• Plan of Activities

• Flight Paths

• Time of flights

• Safe Zone: takeoff / landing, approaches

• Communications (crew/officials)

• Control of flight area: "lock-down" procedures

• Risk to property and personnel

• Permissions

• Emergency procedures / reporting

Please refer to Exhibit #1 H&H MPTOM: Appendix A-6 (Page VII)

16. The PIC will be responsible for reviewing weather, flight paths, flight battery requirements, UAS 

performance, the landing and takeoff safety zone, flight operations area and logbook entries. 

17. The PIC will have as a minimum a current FAA Private Pilots Flight Certificate and current 

driver's license.

18. The PIC or Chief Pilot for H&H will insure that the UAS has been inspected, has the latest 

software and upgrades and the airframe is in an airworthy condition and safe to fly and that these 

procedures are logged. The UAS must have FAA N number markings and identified as 

EXPERIMENTAL.

19. The PIC must coordinate with corporate managers and/or movie and television personnel to 

formulate plans, routes, locations, releases and safety meetings with the safety of all persons and 

property involved as the primary concern.

20. Written and/or oral permission from the relevant property manager and event producers will be 

obtained before any flight operations. All "on-camera" talent must give permission to be 

photographed either personally or by blanket permission from their employer/agent or 

representative. 
 

10

21. The PIC will have the capability and responsibility to abort a flight in case of unexpected 

obstacles, unforeseen circumstances or any conditions that render the flight unsafe to property or 

personnel. The UAS will be programmed to return to base if a loss of communications between the 

RC and UAS are lost. 

22. A logbook is to be kept with standard FAA logbook flight information and maintenance records. 

Logbook entries to include:

• PIC & VO 

• Production (Job/Client)

• Nature of video/photography recorded

• Flight time of day

• Location

• Time in flight

• Total flight time to date

• UAS & RC batteries used and condition

• Maintenance required

• 23. PIC is required to read and understand the H&H Motion Picture and Television Operations Manual 

(MPTOM) and be familiar with the UAS manufacture's manual.

24. Should an accident or incident requiring notification of the NTSB occur, the notification 

requirements of FAR Part 830 would comply. Also, any incident/accident will be reported

within 1 hour to H&H and an incident report form must be submitted by the PIC within

24 hours. (Please refer to Exhibit #1; H&H MPTOM; Appendix A-5)

25. CHECKLIST PRE-Flight - on location

• Weather

• Sun path

• RF and magnetic interference and metal surfaces

• Flight patterns for obstacles and FAA restrictions

• Define safety area for takeoff/landing and approaches

• Check communications (PIC to VO, PIC to crew)

• Check permissions and paperwork

26. PIC must refer to the H&H MPTOM for specific pre-location, pre-flight, post-flight, inspections, 

maintenance and operations check list.

27. Except for permissions granted within H&H's FAA exemption 333, the PIC must comply with all

standard CFRs for private pilots.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, 
 

11

operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant’s UAS for the aerial still and videography in 

closed set filming in motion picture and television production, corporate/industrial asset inspection and 

marketing, and media for entertainment and/or news organizations.

VI. Public Interest and Safety 

The current and most prominent method of acquiring aerial footage is via fixed wing and 

rotorcraft aircraft with at least 2 or more personnel carrying photographic equipment. And, most 

often, these operations involve not only the flight crew but ground crew as well. Because of weight, 

size and explosive fuel usage, this is much more dangerous than a using UAS equipment.

Use of the UAS will increase ground safety by eliminating a flight crew and the risk of physical harm to 

personnel on and off scripted closed-set environments, corporate and industrial locations.

Additionally, a UAS can complete a typical operation in minutes rather than hours with much less 

manpower, cost and risk to capture the same or better photographic images. 

VII. Regulations from Which Exemption is Requested

A. 14 C.F.R. 21(h): Airworthiness Certificates

H&H requests an exemption from 14 C.F.R. 21(h). This exemption meets the 

requirements for an equivalent level of safety pursuant to Section 333 based on the small 

size, light weight, relatively slow speed, and use in controlled environments as described 

previously in this petition.

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after maintenance, 

preventive maintenance, rebuilding, or alteration.

H&H requests an exemption from 14 C.F.R. 43.7. This part provides, inter alia, that the holder of a 

mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, 

propeller, appliance, or component part for return to service. The nature of the UAS is that of a model 

aircraft and the operator(s) of H&H who will maintain, and when necessary, will seek certified and 

licensed repair personnel. The operator(s) will conduct inspections and maintenance based on 

maintenance guidelines provided by the manufacturer of the UAS, (See attached Exhibit #2: DJI 

Phantom 3 Professional User Manual) as well as the H&H MPTOM (See attached Exhibit #1). The 

capabilities of these operator(s) to maintain and repair the UAS will meet the requirements for an 

equivalent level of safety pursuant to Section 333 for the type of UAS, its intended use, and the 

operating environment.
 

12

C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted 

under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter.

H&H requests an exemption from 14 C.F.R. 43.11. This part provides, inter alia, that maintenance 

record entries be maintained and for the listing of discrepancies and placards by inspectors.

The UAS, due to its small size, does not have room for placards to be placed in or on it and no 

inspections for UAS have been certified by FAA at the present time. However, a logbook will be kept 

with the aircraft which documents any software or hardware updates, maintenance and inspections 

noted with date and personnel involved. Other logbook entries include:

• PIC & VO

• Production (Job/Client)

• Nature of video recorded

• Flight time of day

• Location

• Time in flight

• Total flight time to date

• UAS & RC batteries used and condition

• Maintenance performed or required and UAS/RC/equipment inspections

D. 14 C.F.R. 45.11: Marking of products.

H&H requests an exemption from 14 C.F.R. 45.11. This part provides, inter alia, that the 

manufacturers of aircraft, engines, propellers, mark such aircraft, engines, or propellers with an 

approved fireproof identification plate. The UAS, due to its small size, does not have room for 

fireproof placards to be placed in it. Any required placards could become hazardous, due to the 

additional weight and strain placed on the UAS.

E. 14 C.F.R. 45.21: General. 

H&H requests an exemption from 14 C.F.R. 45.21. This part provides, inter alia, that except as 

provided in §45.22, no person may operate a U.S.-registered aircraft unless that aircraft displays 

nationality and registration marks in accordance with the requirements of this section and 

§§45.23 through 45.33. H&H, as a condition to the approval of exemption, will be assigned a 

registration number and display it where practicable as addressed in this petition relative to 

Parts 23, 27, and 29, below.

F. 14 C.F.R. 45.23: Display of marks; general.

H&H requests an exemption from 14 C.F.R. 45.11. This part provides, inter alia, that each 

operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter 
 

13

“N” (denoting United States registration) followed by the registration number of the aircraft. 

Moreover, limited, restricted or light-sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

The UAS, due to its small size, does not have room to display aircraft marks in a conventional 

size. However, as a condition to the approval of exemption, H&H will affix an aircraft mark to 

one or more of the "arms" of the UAS. The size of the marking will be determined by the size of 

the "arm" being used and may be less than 1 inch in size.

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

However, a partial exemption from this display regulation may be needed as the 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 UAS, two-inch lettering will be impossible.

The equivalent level of safety will be provided by having the UAS marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as “Experimental.” The requested exemption is consistent with the

following exemptions to this regulation that the FAA has issued: Exemptions Nos.

10700, 8738, 10167 and 10167A.

G. 14 C.F.R. 45.25: Location of marks on fixed-wing aircraft

The UAS is a multi-rotor model aircraft and is not fixed-wing. Therefore, 14 C.F.R.

45.25 is inapplicable.

H. 14 C.F.R. 45.27: Location of marks; non fixed-wing aircraft

H&H requests an exemption from 14 C.F.R. 45.27. This part provides, inter alia, that each 

operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, 

fuselage, boom, or tail the marks required by §45.23. The UAS, due to its small size, does not 

have a cabin, fuselage, boom or tail to display the marks required by §45.23.

I. 14 C.F.R. 45.29: Size of marks

H&H requests an exemption from 14 C.F.R. 45.27. This part provides, inter alia, at subpart (3) 

that the registration marks for rotorcraft must be at least 12 inches high. The UAS, due to its 

small size, does not have any surface area large enough to display marks anywhere near 12 

inches high. However, as a condition to the approval of exemption, H&H will affix an aircraft 

mark to one or more of the "arms" of the UAS. The size of the marking will be determined by
 

14

the size of the "arm" being used and may be less than 1 inch in size.

J. 14 C.F.R. 47.3(b)(2): Registration required

H&H requests an exemption from 14 C.F.R. 47.3(b)(2). This part provides "(b) No person may

operate an aircraft that is eligible for registration under 49 U.S.C. 44101-44104, unless the 

aircraft—(1) Has been registered by its owner; [or] (2) Is carrying aboard the temporary

authorization required by §47.31(c)."

As a condition to the approval of exemption, H&H is willing to be assigned a registration 

number provided by FAA and to display it where practicable as addressed in this petition 

relative to Parts 23, 27, and 29, above. In fact, as of Dec. 2015 the UAS has been assigned a 

FAA registration number of N615TN. This number will be affixed to the aircraft and a copy of 

the document will travel with the UAS at all times.

K. 14 C.F.R. 47.31(c): Application

H&H requests an exemption from 14 C.F.R.47.31 (c). This part provides "(c) After compliance 

with paragraph (a) of this section, the applicant for registration of an aircraft last previously

registered in the United States must carry the second copy of the Aircraft Registration 

Application in the aircraft as temporary authority to operate without registration."

As a condition to the approval of exemption, H&H is willing to comply with Part 47.31(a), 

which states, inter alia: "(a) Each applicant for a Certificate of Aircraft Registration, AC Form 

8050-3 must submit the following to the Registry: (1) An Aircraft Registration Application, AC 

Form 8050-1, signed by the applicant in the manner prescribed by §47.13; (2) The original 

Aircraft Bill of Sale, AC Form 8050-2, or other evidence of ownership authorized by §47.33, 

§47.35, or §47.37 (unless already recorded at the Registry).”

Because the UAS does not have the ability to carry an aircraft Registration Certificate a copy of 

that document will travel with the aircraft and will be inserted into the H&H MPTOM.

L. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: Pilot in Command. 

H&H requests an exemption from 14 C.F.R. 61.113. The PIC (pilot in command) of the UAS does not 

possess a commercial license. However, because (i) the UAS is essentially a model aircraft, weighs 

less than 55 lbs. including payload, and will not carry any pilot or passengers, (ii) the area of operation 

is controlled and restricted, (iii) all flights will be planned and coordinated in advance, and (iv) the 

maximum altitude of the UAS will not exceed 400 feet AGL, the proposed operations will achieve the 

equivalent level of safety of current operations by manned aircraft with a commercial pilot’s license.

The level of safety provided by H&H meets or exceeds that provided by an individual possessing a

commercial pilot's license operating a manned aircraft. For conducting safe UAS operations it is more 
 

15

important for the PIC of the UAS to have the training of a private pilot and the advanced flying hours, 

particularly with the UAS at issue, than for the PIC to have a commercial pilot's license.

The PICs operating under this exemption will be experienced. H&H will have an operator (PIC) who 

has a currant private pilot's license, at least 40 hours of UAS flight time in a similar or more advanced 

UAS and has flown over 100 flight cycles. In addition, the PIC must have at least 10 flight time hours 

with the UAS being flown commercially. The PIC must have flown at least 3 flight cycles within 90 

days of a commercial flight operation. H&H feels therefore that these requirements meets or exceeds 

the present level of safety envisioned under this Section.

Stated another way, the skill set needed to successfully and safely operate the UAS is very different 

from the set of skills needed by a pilot of manned aircraft. Both FAA and Army Research

Laboratory research demonstrated that flying a UAS, even those much larger than the UAS 

proposed by H&H, can be safely flown by non-certificated pilots with a small amount of training.

As one Army Research Laboratory study stated: 

"[T]he specific motor skills needed to control the radio-controlled UAV would have to be learned 

by aviators independently of the motor skills learned in flying an aircraft. In particular, the 

somatic and visual cues that pilots use during aircraft landings would not be useful (and perhaps 

even counterproductive) for the different skill sets and perceptual viewpoint necessary for radiocontrolled landings." *

*Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, Brett A. Walters & Darlene Veliki, 

Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking environments, 

Technical Report ARLTR2081, Aberdeen Proving Ground, MD: Army Research Laboratory, page 12 (2000). 

(please see attached Exhibit #3)

In addition to the above research by the Army Research Laboratory, additional research reports lend 

further support for the exclusion requested, including one sponsored by the FAA and the other 

sponsored by the Institute of Aviation, Aviation Human Factors Division, at the University of Illinois 

at Urbana-Champaign:

1. Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report 

DOT/FAA/AM-07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at 

http://fas.org/irp/program/collect/ua-pilot.pdf. (See Exhibit #4).

"We know that certain systems, like the U.S. Army Hunter and Shadow systems, are 

successfully flown by pilots with no manned aircraft experience."

2. Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the 
 

16

National Airspace, Institute of Aviation, Aviation Human Factors Division, University of Illinois at 

Urbana-Champaign, 13 (2004), available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G032.pdf, citing Barnes, supra. (please see attached Exhibit 5).

"Using the Army’s Job Assessment Software System (JASS), Barnes, et al (2000) elicited 

Hunter UAV operators ratings of the relative importance of various cognitive skills in 

UAV air vehicle operators. Ratings indicated that outside of communication skills, raters 

did not consider flight-related skills of great importance to UAV operations, leading the 

authors to conclude that selection of rated aviators as air vehicle operators would be of 

little value." 

Finally, if the agency concludes that the PIC qualifications proposed in this exemption request do 

not meet the interim standards it is implementing, it should not deny the application

on that ground. Rather, it should grant the exemption subject to H&H meeting whatever interim PIC 

qualifications the agency has adopted in other Section 333 exemption proceedings. For example, the 

exemption petitions of NextEra Energy, Inc., San Diego Gas & Electric Company, Southern Company

Services LLC., Utility Aerial Services Inc., MicroCopter Professional Services Inc., Montico, Inc., 

Aerius Flight LLC., Saratoga Aerial Photo and Video, Aerial Production Services Inc., NextEra 

Energy Inc., Oceaneering International, Inc., and Aeryon Labs, Inc., have already raised the PIC 

qualification issue. Applicant would be willing to adhere to the PIC qualification policies established 

in any of those proceedings.

M. 14 C.F.R. 61.113(a) and (b): Private Pilot Certificate and Act as Pilot in Command.

H&H requests an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113(a) and (b) 

prescribes that (a) no person who holds a private pilot certificate may act as a pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. (b) a private pilot may, 

for compensation or hire, act as pilot in command of an aircraft in connection with any business 

or employment if: (1) The flight is only incidental to that business or employment; and (2) The 

aircraft does not carry passengers or property for compensation or hire.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to

have a private pilot’s license rather than a commercial pilot’s license to operate this UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely 

controlled with no living thing on board. The area of operation is controlled and restricted, and 

all flights are planned and coordinated in advance as set forth in the H&H MPTOM. The level 

of safety provided by the H&H MPTOM meets or exceeds the requirements called for by a 
 

17

single individual holding a commercial pilot’s certificate operating a conventional aircraft. The 

risks associated with the operation of the UAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b).

In addition, there are no standards for either Private or Commercial UAS pilot certificates. The 

safe operation and control of the UAS as described in the Exemption Applications does not 

depend on the type of FAA license held by the PIC. Given the restricted and controlled airspace 

within which operations will take place, the key factors needed by the PIC are knowledge of the 

airspace within which the “closed set filming” operation will take place and how that airspace 

fits into the National Airspace System (NAS). That knowledge can be and is gained primarily 

through ground school and not through flight training in fixed wing or rotor aircraft, nor is it 

dependent on the acquisition of a commercial or private pilot’s certificate. Those certificates 

demonstrate knowledge of the factors and skills needed for the safe operation of those types of 

aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to 

operate a rotorcraft or fixed wing aircraft, has the skill or ability to safely operate a small 

unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled preapproved airspace. Besides knowledge of airspace regulations, dexterity in the control and 

operation of the UAS acquired from actual operation of the aircraft is the most important factor 

in establishing an equivalent level of safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues 

are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used

today to accomplish the same mission, and (3) what precautions will be taken to ensure the 

safety of those in the area of operation. As set forth in the Exemption Application, Applicants, 

to address those issues, have proposed that the PIC has at least an FAA Private Pilots Certificate 

and a current drivers license; the aircraft be operated within a secure environment; and that no 

one be allowed to enter the secure environment unless they are part of the production, have been 

fully briefed of the risks prior to operation of the UAS, and have consented to the risks 

associated with being in the operating area.

Should there be a mishap, the UAS being flown pose significantly less of a threat than the 

rotorcraft and fixed wing aircraft now being employed because they are a fraction of the size, 

carry no flammable fuel, do not carry crew or passengers, and pose a highly reduced minimum

risk to others. This is in stark contrast to conventional aircraft that are flown to the site, carry

explosive fuel, carry passengers and crew, and operate in a much larger area.

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who are 

also qualified to fly the type of UAS that are utilized for motion picture, television, and industry 

image- capture operations. There are even fewer commercial pilots that can fly these UAS – to 

the point that to do both is considered rare. Assuming that it is unlikely for a company to find a 

pilot that has both qualifications, that company would either have to source a qualified UAS 

pilot to train and obtain a commercial certificate, or find a commercial certificated pilot who 
 

18

would be willing to learn to fly a UAS to a level of competency.

Requiring a UAS pilot to obtain a commercial certificate, as opposed to having only a private 

pilot certificate creates a significant financial burden and provides little or no added benefit.

N. 14 C.F.R. 91.7(a): Civil aircraft airworthiness.

H&H requests an exemption from 14 C.F.R. 91.7(a). 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 standard will exist for 

determining airworthiness. Given the size and weight of the aircraft and the maintenance 

requirements as mandated in the Hale & Hearty, Inc Motion Picture and Television Operations

Manual (MPTOM), as well as the DJI Phantom 3 Professional User Manual (see attachments 

Exhibits #1 & #2), an equivalent level of safety will be provided.

O. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.

H&H requests an exemption from 14 C.F.R. 91.9(b)(2). This part provides:

"(b) No person may operate a U.S.-registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof."

There does not currently exist a method of approving manuals for UAS. Further, given the size 

and configuration of the UAS, there is no space to carry such a flight manual on the aircraft. In 

addition, carrying the manual on the aircraft would be pointless, since there is no pilot or other 

person on board who could read or use it.

The equivalent, and in fact a greater level of safety, will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the UAS will have immediate access 

to it. The FAA has issued the following similar exemptions to this regulation: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

P. 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

H&H requests an exemption from 14 C.F.R. 91.9(c). This part provides: "(c) No person may

operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 

of this chapter."

Due to its small size, there is no room to contain a fireproof placard or to display aircraft marks 

in a conventional size. However, as a condition to the approval of exemption, H&H will affix an 
 

19

aircraft mark to one or more of the "arms" of the UAS. The size of the marking will be 

determined by the size of the "arm" being used and may be less than 1 inch in size.

Q. 14 C.F.R. 91.103: Flight preparation.

H&H requests an exemption from 14 C.F.R. 91.103. Section

91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, 

become familiar with all available information concerning that flight, to include:

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and 

forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, 

and any known traffic delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing 

takeoff and landing distance data is required, the takeoff and landing distance data contained 

therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable 

information appropriate to the aircraft, relating to aircraft performance under expected values of 

airport elevation and runway slope, aircraft gross weight, and wind and temperature.

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. An equivalent level of safety will be provided by the H&H

MPTOM which specifies safety check lists for the PIC to follow prior to each flight allowing

for an equivalent level of public safety. The PIC must review weather, flight battery

requirements, landing and takeoff zones, obstacles, aircraft performance data, maintenance 

issues, permissions and releases, communications, and set safety measures before initiation of 

any flight. (Please see a complete preflight checklist within the H&H MPTOM; attached Exhibit 

#1, Appendix B1-B4)

R. 14 C.F.R. 91.103(a)(b)(1) and (2): Preflight procedures and action.

H&H requests an exemption from 14 C.F.R.

91.103(a)(b)(1)(2). This part provides:
 

20

"Each pilot in command shall, before beginning a flight, become familiar with all available 

information concerning that flight. This information must include—... (b) For any flight, runway

lengths at airports of intended use, and the following takeoff and landing distance information: 

... (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other 

reliable information appropriate to the aircraft, relating to aircraft performance under expected 

values of airport elevation and runway slope, aircraft gross weight, and wind and temperature."

H&H pilot in command, following the H&H MPTOM will in fact, before beginning a flight, 

become familiar with all available information concerning that flight. However, as the flights of 

the UAS will not be at airports the information required of Part 91.103(b)(2) does not apply. 

However, as a condition to the approval of exemption, H&H shall perform preflight operations 

as outlined within the H&H MPTOM and UAS user manuals.

S. 14 C.F.R. 91.105: Flight crewmembers at stations.

H&H requests an exemption from 14 C.F.R. 91.105 since this part is not applicable due to the 

UAS carrying no flight crewmembers. However, to achieve an equivalent level of safety, H&H 

will not operate any aircraft unless the PIC is at the controls at all times and a VO is in constant 

communication with the PIC.

T. 14 C.F.R. 91.109: Flight instruction; simulated instrument flight and certain flight tests.

H&H requests an exemption from 14 C.F.R. 91.109.

This part provides 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. 

Remotely piloted aircraft, including the UAS here, are designed and constructed without dual 

flight controls. Flight control will be accomplished through the use of a remote control unit 

(RCU) 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. The 

equivalent level of safety is provided by the very limited size and speed of the aircraft and by 

the fact that neither a pilot nor passengers will be carried in the aircraft.

U. 14 C.F.R. 91.113(b): Right-of-way rules: Except water operations.

H&H requests an exemption from 14 C.F.R. 113(b) to the extent that it applies to overhead 

aircraft operating at or above 600 feet AGL as the UAS will be operating no higher than 400 

feet AGL. This part provides:
 

21

“(b): General. When weather conditions permit, regardless of whether an operation is conducted 

under instrument flight rules or visual flight rules, vigilance shall be maintained by each person 

operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives 

another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, 

under, or ahead of it unless well clear."

For example, if another aircraft is operating overhead at 10,000 feet AGL there is no danger

posed to that other aircraft if the UAS is operating under it or ahead of it at or beneath

400 feet AGL. However, as a condition to the approval of exemption, H&H will operate its 

UAS to avoid and give way to other aircraft that should enter the airspace at or below 400 feet 

AGL.

V. 14 C.F.R. 91.115: Right-of-way rules: water operations. 

This Part does not apply as H&H does not plan on operations on bodies of water.

W. 14 C.F.R. 91.119: Takeoff and Landing.

H&H requests an exemption from 14 C.F.R. 91.119. Section

91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(a) Anywhere. An altitude that allows, if a power unit fails, an emergency landing without 

undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of 

this section, provided each person operating the helicopter complies with any routes or altitudes 

specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section.
 

22

H&H will not operate the UAS any higher than 400 feet AGL. Furthermore, while H&H will 

not be operating over any congested areas, the UAS will necessarily be flown closer to 500 feet 

to the structures it will be photographing as well as closer than 500 feet to the ground.

The operations by H&H of the UAS as set out previously provide for at least an equivalent level 

of safety of manned aircraft maintaining a distance of at least "500 feet to any person, vessel, 

vehicle, or structure" due to the small size and relatively light weight of the UAS. Safety is also 

increased by the close monitoring of the flight by both the pilot in command (PIC) and the

visual observer (VO).

H&H will however be operating in a restricted area with a security perimeter where buildings 

and people will not be exposed to operations without their pre-obtained consent. Also, no flight 

will occur without property and personnel releases (permissions). Because of the advance notice 

to the participants of the UAS photography activity, all affected individuals will be aware of the 

planned flight operations as set forth herein.

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 the motion picture, television and corporate industrial industries. In addition, the lowaltitude operations of the UAS will ensure separation between these small UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119.

X. 14 C.F.R. 91.119(b) and (c): Minimum safe altitudes: General.

H&H requests an exemption from 14 C.F.R. 91.119 subparts

(b) and (c). This regulation provides:

(a) Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes:..

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure.”

H&H will not operate the UAS any higher than 400 feet AGL. Furthermore, while H&H will 

not be operating over any congested areas, the UAS will necessarily be flown closer to 500 feet 

to the structures it will be examining and "close-set" property and people as well as closer than 

500 feet to the ground.
 

23

The operations by H&H of the UAS as set out previously provide for at least an equivalent level 

of safety of manned aircraft maintaining a distance of at least "500 feet to any person, vessel, 

vehicle, or structure" due to the small size and relatively light weight of the UAS; and the close 

monitoring of the flight by both the pilot in command PIC) and the secondary ground 

crewmember.

H&H will however be operating in a restricted area with a security perimeter where buildings 

and people will not be exposed to operations without their pre-obtained consent. Also, no flight 

will be taken without property and personnel releases (permissions). Because of the advance 

notice to the participants in the UAS photography activity, all affected individuals will be aware 

of the planned flight operations as set forth herein.

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 the motion picture, television and corporate industrial industries.. In addition, the lowaltitude operations of the UAS will ensure separation between these small-UASs operations and 

the operations of conventional aircraft that must comply with Section 91.119.

Y. 14 C.F.R. 91.121: Altimeter Settings.

H&H requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines for altimeter 

use below 18,000 feet mean sea level (“MSL”) in maintaining the cruising altitude or flight 

level of the aircraft. H&H's operation of the UAS will not exceed 400 feet AGL and will be 

operated in a fashion that is not a sustained cruising flight such as a manned aircraft will 

typically fly. The remote control unit (RCU) used at the ground station has "real time" live 

feedback data from the UAS, including but not limited to, the altitude of the UAS, its forward 

velocity, and compass heading. The operator will be able to observe and control the maximum 

height of the UAS. Additionally, the UAS will be operated within line of sight distances. 

Therefore, the equivalent level of safety provided by Section 91.121 will be met.

Z. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions.

H&H requests an exemption from 14 C.F.R. Part 91.151. This

Part provides that:

(a) No person may begin 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 
 

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minutes; or (2) At night, to fly after that for at least 45 minutes.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at 

least 20 minutes.”

The H&H UAS is powered electrically using lithium polymer batteries that currently have a 

flight limit of approximately 17 minutes. Therefore, due to the limitations of the batteries it is 

currently impossible to comply with Part 91.151. However, the UAS will be operated in a 

manner with at least the same equivalent of safety as that of a manned aircraft complying with 

Part 91.151 because of the small area of flight operations, this allows the UAS to be flown to a 

safe landing point within a short period of time and well within the minimum level of reserve 

capacity of the batteries.

During the entire flight, the PIC will maintain a visual line of sight on the aircraft and be 

prepared to return to base in the event of low battery. The RCU has an active UAS battery 

warning system which is set to a 25% battery reserve defined as allowing an additional 4

minutes of flight time - more than enough to safely fly the UAS back to the “home base” area. 

This operation procedure adequately complies with ASTM standard F3005 − 14 4.3.1 (Standard 

Specification for Batteries for Use in Small Unmanned Aircraft Systems (UAS)). 

The battery powering the UAS provides approximately 17 minutes of powered flight. As a 

result, the UAS would never meet the 30-minute reserve requirement. H&H believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with Section 

91.151 (a)). Given the limited size and speed of the UAS, its ability to land safely almost 

anywhere, that it will be under the operator and the observer’s visual observation at all times, 

and that it will be operating in a tightly controlled area where all people, other than the operator 

and the observer will be removed before flight, permitting its operation with less than 30 

minutes of reserve fuel does not create the type of risks that Section 91.151(a) was intended to 

alleviate.

H&H believes that an equivalent level of safety can be achieved by limiting flights to 25% of 

battery power remaining as defined in the H&H MPTOM (a ttached Exhibit #1). This 

restriction would be more than adequate to allow the UAS to reach its planned landing zone.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808.

AA. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required.

H&H requests an exemption from 14 C.F.R. 91.203(a) and (b). This section provides in part:
 

25

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it 

the following:

(1) An appropriate and current airworthiness certificate...

(2) An effective U.S. registration certificate issued to its owner...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew.”

There are currently no procedures by the FAA for providing airworthiness certificates for UAS. 

However, as a condition to the approval of exemption, H&H will display on the UAS a 

registration certificate ("N umber") issued by the FAA and a copy of the registration document 

will be at the ground point control area. Also, as outlined in the HH MPTOM, all UAS 

maintenance will be recorded and keep at the ground point control area.

The UAS aircraft will be the DJI Phantom 3 Professional which has an equivalent level of 

safety as manned aircraft with an airworthiness certificate. The DJI 2.4 GHz ISM; Intelligent 

Orientation Control (IOC) flight controller provides a number of safety features in addition to 

acting as the command and control including automatic return to home if the radio control link 

is broken, referred to as a "failsafe" safety feature.

Because of the use of GPS with the UAS, the operator will set the initial location of flight 

takeoff ("home position") and if the radio control link is broken, the DJI 2.4 GHz ISM; 

Intelligent Orientation Control (IOC) flight controller will recognize this broken control link 

and cause the UAS to automatically return to the home position as recorded by the GPS 

instrumentation. Additionally, only the PIC and VO are allowed in the landing zone around 

home base so that any auto "return to base" performed by the aircraft will do so safely. 

In the restricted environment and under the conditions proposed, operation of the UAS

will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. H&H will not 

operate the UAS within 5 miles of controlled airspace without first obtaining written permission 

from the airport management and/or permitted by a COA from the local FSDO.

The UAS to be operated hereunder is less than 55 pounds inclusive of batteries and technical 

payload (gyro and camera), carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The UAS operating under this exemption will be tightly

controlled and monitored by the PIC and the visual observer (VO), and under the requirements 

and in compliance with local public safety requirements will provide security and safety for the 

area of operation. 

As part of H&H MPTOM, detailed maintenance is recorded and includes, but not limited to, the
 

26

motors, propellers, batteries, control surfaces, structural components, and electrical components

of the RC and UAS.

These safety enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national 

security posed by the 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 payload.

BB. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use.

This section requires that installed Air Traffic Control (ATC) transponder equipment must meet 

specific performance and environmental requirements, and aircraft must be equipped with an 

operable coded radar beacon transponder.

There are presently no known commercially available ATC transponders that meet the payload 

requirements of a UAS and are available at reasonable cost. However, because the UAS used by

H&H will not be flying into or near airports, and will fly no higher than 400 feet AGL, there is 

very low risk of collision with any manned aircraft. In addition, because there will be no need to 

have contemporaneous communication with Air Traffic Control, due to the short distances, 

short flight times, and restricted altitude the UAS will operate within, H&H requests an 

exemption from this section. Additionally, the UAS is too small to contain ATC transponder 

equipment in any form factor that is known to be available commercially.

CC. 14 C.F.R. 91.403: General.

This section requires that the owner or operator of an aircraft is primarily responsible for 

maintaining that aircraft in an airworthy condition. H&H will adhere to this requirement.

However, this Section also limits maintenance to that “prescribed in this subpart and other 

applicable regulations, including part 43 of this chapter.” Because of this limitation, and 

because of the exemptions under Part 43 requested above, H&H requests an exemption from 

this Section.

This exemption meets the requirements for an equivalent level of safety pursuant to Section 333 

based on the small size, light weight, relatively slow speed, and limited altitude as described 

previously in this petition. H&H MPTOM describes maintenance rules as to check list and 

logging.

This section requires that the owner or operator of an aircraft is primarily responsible for 

maintaining that aircraft in an airworthy condition. H&H will adhere to this requirement.

DD. 14 C.F.R. 91.405 (a) and (d): Maintenance Required.
 

27

This section requires that aircraft be inspected as proscribed by Section E, 14 C.F.R.

§§91.401-91.421. As shown below, H&H is applying for an exemption for these sections, due 

to the fact that its operators will inspect the UAS prior to each flight and keep maintenance 

records of all parts that are replaced. Because the Sections discussed below are concerned with 

manned aircraft, and as such have inspection requirements designed for the safety of 

passengers, they are inapplicable to H&H request for Exemption.

H&H is also applying for an exemption to subpart (d) of this section, which requires a placard 

to be installed and references §43.11. As noted previously, H&H requests an exemption to the 

placard requirement, because, due to the small size of the UAS, there is no room to place the 

placard. As an alternative, and to achieve an equivalent level of safety, H&H will keep logbooks 

detailing all maintenance, inspections and repairs..

Despite the requested exemption from subparts (a) and (d) of this section, H&H will follow 

subparts (b) and (c) of this subpart.

EE. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or 

alteration.

This section requires that any aircraft which “has undergone maintenance, preventative 

maintenance, rebuilding, or alteration unless . . . [i]t has been approved for return to service by a 

person authorized under § 43.7 of this chapter . . ..”

However, H&H has requested an exemption from §§ 43.7 and 43.11 as described previously.

The capability of the operators to maintain and repair the UAS meets the requirements for an 

equivalent level of safety pursuant to Section 333 for both types of UAS, its intended use, and 

the operating environment. Additionally, due to the small size of the UAS, there is no room to 

place inspection placards.

Therefore, because H&H has requested an exemption from 43.7 and 43.11, H&H respectfully 

requests an exemption from 91.407. 

As part of the H&H MPTOM, detailed maintenance is recorded and includes, but not limited to, 

the motors, propellers, batteries, control surfaces, structural components, and electrical 

components of the RC and UAS. This will insure an equivalent level of safety. H&H will 

regularly inspect and maintain the UAS in accordance with the DJI Phantom 3 Professional 

operator's manual, and keep detailed inspection records as described above.

FF. 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding 

or alteration.

H&H requests an exemption from 14 C.F.R. Part

91.407(a)(1). This Part provides that:
 

28

Any aircraft which “has undergone maintenance, preventative maintenance, rebuilding, or 

alteration unless . . . [i]t has been approved for return to service by a person authorized under

§ 43.7 of this chapter . . ..”

H&H has requested an exemption from §§ 43.7 and 43.11 as described previously. The 

capability of the operators to maintain and repair the UAS meets the requirements for an 

equivalent level of safety pursuant to Section 333 for the DJI Phantom 3 Professional UAS, its 

intended use, and the operating environment. Additionally, due to the small size of the UAS, 

there is no room to place inspection placards.

Therefore, because H&H has requested an exemption from 43.7 and 43.11, H&H respectfully 

requests an exemption from 91.407. To achieve an equivalent level of safety, H&H will 

regularly inspect and maintain the UAS in accordance with the DJI Phantom 3 Professional

operator manual, the H&H Motion Picture and Television Procedures and Operations Manual

(MPTOM) and keep detailed inspection records as described above.

GG. 14 C.F.R. 91.409: Inspections.

This section lays out the requirements for inspections of aircraft. H&H respectfully requests an 

exemption from these requirements because they are intended to maintain the safety of manned 

aircraft significantly larger and capable of significantly longer flights than the DJI Phantom 3 

Professional UAS. H&H has an inspection procedure as outlined in the H&H MPTOM. (see 

attached Exhibit #1, Appendix B-1, page IX). Prior to each flight, the operator will conduct an 

inspection of the UAS. 

The H&H MPTOM pre-flight and post-flight inspections meet or exceed the level of safety

achieved by adherence to 14 C.F.R. 91.409.

HH. 14 C.F.R. 91.409(a)(2): aircraft issuance of airworthiness certificate inspection.

H&H requests an exemption from 14 C.F.R. 91.203(a) and

(b). This section provides in part:

That no person may operate an aircraft unless, within the preceding 12 calendar months,

it has had an inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

This section lays out the requirements for inspections of aircraft.

H&H respectfully requests an exemption from these requirements because they are intended to 

maintain the safety of manned aircraft significantly larger and capable of significantly longer 

flights than the DJI Phantom 3 Pro UAS.
 

29

H&H has an inspection procedure as outlined in the H&H MPTOM. (see attached Exhibit #1, 

Appendix B-1, page IX). Prior to each flight, the operator will conduct an inspection of the 

UAS. As part of the H&H MPTOM, detailed maintenance is recorded and includes, but not 

limited to, the motors, propellers, batteries, control surfaces, structural components, and 

electrical components of the RC and UAS.

The H&H MPTOM pre-flight and post-flight inspections meet or exceed the level of safety

achieved by adherence to 14 C.F.R. 91.409.

II. 14 C.F.R. 91.417: Maintenance records.

H&H respectfully requests an exemption from this Section as it is only applicable for aircraft 

with an airworthiness certificate. Because H&H will not have an airworthiness certificate, this 

Section is inapplicable. As an alternative and to achieve an equivalent level of safety, H&H will 

keep detailed maintenance on every part as it is replaced, including but not limited to propellers,

batteries, control surfaces, structural components, and electrical components.

JJ. 14 C.F.R. 91.417(a) and (b): Owner/Operator records of maintenance for aircraft.

H&H requests an exemption from 14 C.F.R. 91.417(a) and

(b). Section 91.417(a) and (b) prescribes, in pertinent part, that:

(a) Each registered owner or operator shall keep the following records for the periods specified 

in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance.
 

30

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the time and date when the next 

action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until

the work is repeated or superseded by other work or for 1 year after the work

is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service.

H&H respectfully requests an exemption from this Section, as it is only applicable for aircraft 

with an airworthiness certificate. Because H&H will not have an airworthiness certificate, this 

Section is inapplicable. As an alternative and to achieve an equivalent level of safety, H&H will 

keep detailed maintenance on every part as it is replaced, including but not limited to propellers, 

batteries, control surfaces, structural components, and electrical components.

In summary, H&H is seeking exemption from the following Regulations:

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 61.3; (a) (1) (i); 91.7 (a); 91.9 

(b) (2); 91.103 (b); 91.105; 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a); 91.203 (a) & (b); 

91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b); 112 P.L. 95 §§ 331-334 to commercially 

operate the Phantom 3 Professional UAS in closed set, restricted access and permitted 

television and motion picture operations as well as corporate and industrial technical aerial 

photography.
 

31

Hale & Hearty, Inc. respectfully requests that the FAA grant our exemption as we have an 

excellent record of safety for over 30 years in the motion picture and television and corporate 

video industry, we have a long history of safe aerial photography and management thereof, and 

we are aligned with the FAA’s mission to provide the safest and most efficient aerospace 

system in the world and such exemption is in the public interest to increase safety.

Respectfully, 

Carl R. Hale, Principal, Hale & Hearty, Inc.

Exhibit 1

Hale & Hearty, Inc. Motion Picture and Television Operations Manual

File name is: Exh1_MPTOM_Hale_Hearty.pdf

Exhibit 2

DJI Phantom 3 Professional User Manual

File names are:

Exh2A_DJI_Phantom3PRO_userManual__P1-25.pdf

Exh2B_DJI_Phantom3PRO_userManual_P26-59.pdf

Exhibit 3

Michael J, Barnes, Beverly G Knapp,

Barry W. Tillman, Brett A. Walters & Darlene

Veliki, Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking 

environments, Technical Report ARL-TR2081, Aberdeen Proving Ground, MD: Army

Research Laboratory (2000) 

File name is: Exh3_ADA374230.pdf
 

32

Exhibit 4

Williams, K.W. (2007). Unmanned Aircraft Pilot Medical Certification Requirements, Report 

DOT/FAA/Am-07/3, FAA Civil Aerospace Medical Institute

File name is: Exh4_ua-pilot_medical.pdf

Exhibit 5

McCarley, J.S. and Wickens, C.D. (2004). Human Factors Implications of UAV’s in the 

National Airspace. Institute of Aviation, Aviation Human Factors Division. University 

of Illinois at Urbana-Champaign.

File name is: Exh5_uavPlanFinal.pdf