May 22, 2015

Exemption No. 11665

Regulatory Docket No. FAA–2015–0632

Mr. John Sherman

Founder

Mad Hornet Aerial Photography

172 Koloiki Lane

Bastrop, TX 78602

Dear Mr. Sherman:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 9, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. The exemption would allow the petitioner to operate an unmanned aircraft 

system (UAS) to conduct aerial photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are a Walkera Scout X4 and DJI Inspire.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. John Sherman dba Mad Hornet Aerial Photography

is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

Conditions and Limitations

In this grant of exemption, Mr. John Sherman dba Mad Hornet Aerial Photography is 

hereafter referred to as the operator.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Walkera Scout X4 

and DJI Inspire when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

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

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
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documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

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

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

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

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

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

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

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

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

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

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

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

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
John Sherman - DBA "Mad Hornet Aerial Photography"

172 Koloiki Lane

Bastrop, Texas 78602

512-203-7260

johnmillersherman@gmail.com

March 9, 2015

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Re: Request for exemption under Section 333 from 14 CFR Part 21, Subpart H; 14 CFR 

61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 91.151; (a); 14 CFR 

91.405 (a); 14 

CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 14 CFR 91.417 (a) 

and (b)

Dear Sir or Madam:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 CFR Part 11, John Sherman/Mad Hornet Aerial Photography 

hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to 

allow commercial use of its Small Unmanned Aircraft Systems (SUASs), 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.

John Sherman/Mad Hornet Aerial Photography is requesting this exemption because - 

(1) existing regulations will severely hinder and burden Mad Hornet Aerial Photography 

(hereafter to be referred to as MHAP) (2) MHAP can provide and execute a level of PIC 

competence and safety that is, at the very least, equal to (or greater than in many 

cases) to those provided by existing guidelines, and (3) the request is in the public 

interest and local benefit. The FAA’s authority to issue exemptions from operating rules, 

and the Secretary’s authority granted by Section 333 of P.L. 112-95, Special Rules for 

Certain Unmanned Aircraft Systems, provide an opportunity to authorize certain SUAS 

operations in the National Airspace System (NAS) prior to implementation of the SUAS 

rule. This incremental step will allow MHAP/John Sherman to safely and legally enter 

into the NAS.
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The requested exemption will permit MHAP/John Sherman to operate its SUAS under 

closely monitored conditions in airspace that is confined/limited (<300 meters in any 

direction and <100 meters altitude), predetermined and agreed upon, controlled to 

access and would provide safety enhancements to the already safe operations of those 

aircraft of similar size, weight, speed, and operating capability that have been granted 

entry into the NAS via the rules in Academy of Model Aeronautics (AMA) National 

Aircraft Safety Code.Approval of this exemption would thereby greatly enhance safety 

and fulfill the Secretary of Transportation’s (the Secretary) responsibilities to “...

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

airspace system” per Section 333 (c) of the Reform Act. 

John Sherman/MHAP is requesting exemption from the following regulations: 

14 CFR Part 21, Subpart H 

14 CFR 61.23 (a) 

14 CFR 61.113 (a) and (b) 

14 CFR 91.109 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a)(1) 

14 CFR 91.409 (a)(1) 

14 CFR 91.409 (a)(2) 

14 CFR 91.417 (a) and (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333 (a) through (c) of the Reform Act. This law directs the Secretary to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rule-making required under Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which types of UASs do not 

create a hazard to users of the NAS, to the public, or pose a threat to national security.

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as a result of its size, weight, speed, operational capability, 

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

(VLOS) does not create a hazard to users of the NAS or the public or pose a threat to 

national security, and (2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under 49 USC 44704 is required for the operation of civil 

(non-governmental) UASs. Therefore, if the Secretary determines that such vehicles 

“may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system”.
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Mad Hornet Aerial Photography Overview

MHAP uses small UAS (quad-copters) weighing less than 6 lbs fully loaded (camera 

and battery). Quad-copters are small, agile UASs with the ability to hover and move in 

the vertical and horizontal planes simultaneously. MHAP will operate only in visual line 

of sight (VLOS), and only in tightly controlled and limited airspace. The UASs are 

capable of operating at speeds of up to 29 knots, but are routinely operated at much 

lower speeds, usually at a standstill for imaging. They are most frequently operated 

below 200 feet above ground level (AGL), and never over 400 feet AGL. MHAP's 

exemption request would permit a commercial operation of SUAS for aerial photography 

and videography in tightly controlled and limited airspace. Aerial photography and 

videography services will be offered to homeowners, realtors, home builders, ranchers 

and farmers and/or home inspectors for use in, but not limited to, real estate marketing 

and safer inspections of home exteriors. All operations will be conducted on private 

property and with the written and/or oral permission of the property owner(s), and 

always with privacy in mind. Operations will always be conducted in areas that are clear 

of all people, except the pilot in command (PIC) and the PIC’s helper(s). Such 

operations will ensure that the SUAS will “not create a hazard to users of the national 

airspace system or the public”.

Our Aircraft

MHAP operates and uses the Scout X4 by Walkera (see appendix 1) and (upon 

approval) will be adding the Inspire by DJI. The specifications for the Scout are as 

follows:

Remote control: Transmitter 2.4Ghz and Video at 5.8Ghz

Support both Apple IOS and Android based devices

Waypoint mission planning / Designated flight

Hybrid, can be changed from 4 for to 8 motors

2.4G bluetooth datalink ground station (BT-2401A/B FCC / BT-2402A/B CE)

Flight time: Up to 25 minutes

Flight range: up to 1500 meter

Receiver: DEVO-RX707(CE) / RX709(FCC)

Real time flight data (telemetry) monitoring

Auto return to home (RTH)

Motors: Brushless WK-WS-34-002

ESC: WST-16AH(R/G);

Battery: 6cell 22.2V 5400mAh Li-Po

Size: 335x335x275 mm.

Rotor Blades Length: 233mm

Weight with battery: 1770g

Flying Weight: <2270g
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Our Aircraft (continued)

The Scout X4 has multiple safety features programmed in to its APM flight control 

system. These features serve to minimize any risk posed by loss of control, loss of 

transmission signal or loss of orientation. These features include, but are not limited to:

• GPS controlled positioning allows the UAS to "know" it's location, attitude and altitude.

• RTH (return to home) when triggered, will bring the Scout back and land it 

autonomously in the event the PIC is unable to do so.

• FAILSAFE will return the UAS and land it autonomously should the control 

transmission get cut off for any reason. 

• GEOFENCE allows the PIC to set a virtual "fence", or boundaries that the Scout 

cannot cross. By default, it is 300 meters lineal and 125 meters vertical. Crossing this 

boundary will automatically trigger the RTH feature.

These highly advanced capabilities will ensure that the SUASs can be safely operated 

and “not create a hazard to users of the national airspace system or the public.”

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient aerospace 

system in the world and to minimize the risk to the NAS or to persons and property on 

the ground, MHAP agrees to be bound by the following limitations and conditions when 

conducting commercial operations under a FAA issued exemption:

A. For the purposes of ensuring SUASs will be operated within the standards that the 

FAA has allowed in the AMA National Model Aircraft Safety Code: 

1. SUASs will not be flown: 

 a. In a careless or reckless manner. 

 b. At a location where SUAS activities are prohibited. 

2. SUAS pilots will: 

 a. Yield the right of way to all human-carrying aircraft. 

 b. See and avoid all aircraft and a spotter must be used when appropriate

(Continued on next page)
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 c. Not fly higher than 400 feet above ground level or within three (3) miles 

 of an airport without notifying the airport operator. 

 d. Not interfere with operations and traffic patterns at any airport, heliport 

 or seaplane base except where there is a mixed use agreement. 

 e. Not exceed a takeoff weight of 55 pounds (including payload).

 f. Ensure the aircraft is identified by affixing the owner’s contact 

 information to the outside of the SUAS. 

 g. Not operate SUASs while under the influence of alcohol or while using any 

 drug that could adversely affect the PIC’s ability to safely control the 

 model. 

 h. Not operate SUASs carrying pyrotechnic devices that explode or burn, or 

 any device which propels a projectile or drops any object that creates a 

 hazard to persons or property. 

3. SUASs will not be flown unless: 

 a. The aircraft, control system and pilot skills have successfully 

 demonstrated all maneuvers intended or anticipated prior to the specific 

 event. 

 b. An inexperienced pilot is assisted by an experienced pilot. 

4. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or 

 structures and shall avoid endangerment of life and property of others. 

5. A successful radio equipment ground-range check in accordance with 

 manufacturer’s recommendations will be completed before the first flight of a 

 new or repaired model aircraft. 

6. SUASs must use the radio-control frequencies currently allowed by the Federal 

 Communications Commission (FCC). 

7. SUASs will not knowingly operate within three (3) miles of any pre-existing flying 

 site without a frequency-management agreement.

 

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer than 25 

 feet to any individual, except for the PIC and the PIC's helper(s) located at the takeoff 

site.
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9. Under no circumstances may a pilot or other person touch a SUAS in flight while 

 it is still under power, except to divert it from striking an individual. 

10. The PIC of the SUAS shall: 

 a. Maintain control during the entire flight, maintaining visual contact 

 without enhancement other than by corrective lenses prescribed for the 

 pilot. 

 b. Fly using the assistance of a camera or First-Person View (FPV) only in 

 accordance with the procedures outlined in AMA Document #550. 

 c. Fly using the assistance of autopilot or stabilization system only in 

 accordance with the procedures outlined in AMA Document #560. 

11. The flying area must be clear of all utility wires or poles and an SUAV will not be 

 flown closer than 50 feet to any above-ground electric utility lines. 

12. The flying area must be clear before the engine is started, except for PIC and the 

 spotter.

In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe operations 

mentioned above, MHAP also agrees to be bound by the following limitations and 

conditions: 

1. Flights will be operated within VLOS of the PIC. 

2. Maximum total flight time for each operational flight will be 18 minutes. Flights 

 will be terminated at 25% battery power reserve should that occur prior to the 

 18 minute limit. 

3. The SUAS will only operate in tightly controlled and limited airspace.

4. A briefing will be conducted in regard to the planned SUAS operations prior to 

each flight. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

5. The PIC and the PIC’s helper(s) will have been trained in operation of SUAS and 

received up-to-date information on the particular SUAS to be operated. 

6. The pilot and the PIC's helper(s) will at all times be able to communicate by 

voice. 
Page 7

(Continued from page 6)

7. If the SUAS loses communications or loses its GPS signal, the SUAS will have 

capability to return to a pre-determined location within the security perimeter 

and safely land. 

8. The SUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

9. All flights will be conducted on private property and with the written and/or oral 

permission of the property owner(s). 

10. Flights will always be conducted in areas that are clear of all people, except for 

the PIC and the PIC's helper(s). 

11. All flights will be conducted outdoors in visual meteorological conditions (VMC) 

and never during severe weather conditions. 

12. Flights will not occur in weather conditions that prevent the PIC from operating 

within visual line-of-sight (VLOS) at all times or in weather conditions that 

dramatically affect the UAS’s flight (e.g. high winds). 

13.If an operation occurs in an area where people could inadvertently enter the 

area, an operational border will be established with traffic cones. If it’s not 

feasible to use traffic cones due to interference with the photography/videography, the 

PIC's helper(s) will be responsible for keeping a safe perimeter around the 

operation.The operation will cease immediately and be rescheduled if it’s impossible to 

establish a safe perimeter around the operation.

14. The PIC will be responsible for logging all flights to ensure the comprehensive 

preventative maintenance plan can be followed, as described in the “Preventative 

Maintenance” section below. 

15. The SUAS will not be routinely operated in the proximity of any airports. In any 

cases where the SUAS must be operated within three (3) miles of an airport, the 

airport operator will be notified before the operation commences. The operation of 

SUASs, weighing less than 6 lbs., conducted in the strict conditions as outlined above, 

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

ground, and in a tightly controlled environment. As a result, they offer a much safer way 

to capture aerial photography and videography. Furthermore, the proposed operations 

represent a safety enhancement to the already safe operations that have been granted 

by the FAA for the establishment of the AMA National Model Aircraft Safety Code. 
Page 8

Preflight Action Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in a 

condition for safe flight. This plan will be improved as needed in order to ensure all 

known safety precautions and/or safety precautions suggested by the manufacturer are 

being accounted for. 

A. Pre-flight Inspection 

 1. Check that the remote control, Scout 4X battery(s), F12E controller, Bluetooth GCS 

and smartphone are all fully charged. 

 2. Visually inspect the LIPO batteries for signs of wear or damage. Check both

 battery switches for proper operation.

 3. Turn the motor shafts with your fingers and verify they are smooth without 

 excessive play or binding. 

 4. Verify that the rotation diagram on the propellers matches the rotation diagram on 

 the Scout 4X arms.

 5. Inspect the propeller edges for nicks or cuts.

 6. Flex both side of the propellers’ blades to check for hairline cracks where the 

 blades connect in the center of the propeller. 

 7. Verify that the landing gear is secure (not cracked/broken/loose). 

 8. Verify that the retractable landing gear is functioning smoothly.

 9. Verify that the Micro-SD card has been inserted and formatted. 

 10. Verify that the damping absorbers are not broken and/or worn. 

 11. Arm/Disarm motors three separate times to allow GPS to lock on the launch site.

 12. Inspect the gimbal and camera for smooth operation.

 13. Verify all trims and switches set at "0".

 14. Verify video connection between the Scout 4X and the F12E.
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 15. Perform final area check for obstructions.

B. Power Up

 1. Verify that throttle is at "0" position.

 2. Power on the equipment in the following order: 

 a. Power on the Scout 4X battery, check for four green lights.

 b. Power on the F12E controller, switch to SENSOR VIEW.

 c. Wait for red light to go out, indicating a successful bind between the Scout and 

 F12E.

3. Wait for FOUR BLUE BLINKS indicating a lock with 9 satellites. (Note: The 

manufacturer suggests safe flight with only TWO BLUE BLINKS, or 7 satellites, but 

MHAP will abort any flights where fewer than 9 satellites are available).

4. Calibrate the Scout 4X compass. 

5. Place the Scout 4X on open, level ground with the battery indicators facing 

 towards the PIC.

C. Takeoff/Launch

1. Verify that the remote control antenna is perpendicular to the ground 

 (pointing skyward). 

2. Verify that the front of the Scout 4X is pointing into the wind.

3. Verify that the GPS light is still blinking blue and still connected to 

 9 or more satellites. 

4. Arm/Disarm motors and check that telemetry is correct.

5. Advance throttle.

6. Take off and hover at about 6-8 feet above the takeoff point to verify that the 

 Scout 4X has a solid GPS lock. If any abnormalities are noticed (drifting, flying 

 in circles, etc.), land immediately and repeat the “Pre-flight Inspection” and 

 “Power Up” sequences. 
Page 10

7. Verify that the Scout 4X holds a steady position while yawing 360 degrees. 

8. Verify that the Scout 4X responds appropriately to all controls – yaw 

 left/right, pitch forward/backward, roll left/right, and throttle up/down.

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to ensure the 

SUAS’s software is up-to-date, the batteries are in good health, and the aircraft itself is 

always ready for safe flight. (MHAP follows suggested maintenance in attached Walkera 

Scout manual - See appendix 1) 

Pilot in Command (PIC) Qualifications

The PIC does not hold an airman certificate or medical certification. Since the SUAS is 

similar in size, weight, speed and operating capability as those currently allowed to be 

flown for hobby/recreation, holding the PIC to those same set of standards will allow for 

an equivalent level of safety. 

The PIC has over 20 years experience in piloting RC/UAS craft, and has been an 

instructor to many students, a few of which were pilots. Because the PIC is not actually 

in the aircraft, quick reflexes, manual dexterity and computer knowledge is more 

important to safely piloting the UAS than an airman certificate.

It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed 

wing aircraft, has the skill or ability to safely operate an unmanned aerial 

vehicle,operating at 400 feet AGL or lower, within strictly controlled pre-approved 

airspace. Since there are no standards for either private or commercial SUAS pilot 

certificates, knowledge of airspace regulations and dexterity in the control and operation 

of the SUAS acquired from actual operation of the aircraft will be the most important 

factors in establishing an equivalent level of safety. With that in mind, MHAP proposes 

that its PIC be required to do the following prior to the first commercial operation (NoteThese are mostly the same requirements proposed by Singer's Creations in their 

successful request for exemption. MHAP believes that these requirements are an 

excellent start to ensure the PIC is qualified to operate safely ):

1. Perform 20 flights or log 20 hours of flight time (the greater of the two) with the Scout.

 

 2. Successfully learn and demonstrate all flight maneuvers in the Scout 4X manual.
Page 11

3. Study and be familiar with all sections of the “Scout 4X users manual”.

4. Study and be familiar with all sections of the “Devo F12E manual".

 5. Study, be familiar with, and demonstrate (where possible) the “Always be 

 Prepared for the Worst” scenarios.

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong 

equivalent level of safety, a reduction in environmental impacts, and are free from the 

harmful emissions associated with the manned aircraft that are currently used for aerial 

photography and videography. Due to the size of the SUAS and the tightly controlled 

and limited airspace in which the SUAS will operate, approval of this application 

presents no risk to the public. Furthermore, the public will be able to legally acquire 

aerial photography and videography to help in, but not limited to, advertising homes for 

sale, advertising uninhabited home lots, use of photos and video as an aid when 

researching homes for sale on the market, or safely accessing high and/or awkward 

areas of a home’s exterior to assess damage that needs to be repaired.

Privacy

Since the areas being photographed or filmed will be on private property, accessed only 

after given written and/or oral consent by the property owner(s), and clear of all people, 

except for the PIC and the PIC's helper(s), approval of this application presents no risk 

to the public privacy. In addition, MHAP will honor all requests for "no-fly zone".

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which the 

SUAS will operate, approval of this application presents no risk to national security. 

Requested Exemptions

John Sherman/MHAP requests exemption from the following regulations since it’s not 

possible to fully comply with them, and attempting to follow them for the purposes of 

operating a SUAS would be a burden: 

(Continued on next page)
Page 12

Airworthiness Certificates 

14 CFR Part 21, Subpart H

Subpart H establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR 91.203 (a) (1). Given the size and limited operating 

area associated with the aircraft to be utilized by Singer’s Creations, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 

44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular SUAS. In all cases, an analysis of these criteria 

demonstrates that the SUAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed, will be at least as safe,or 

safer, than a conventional aircraft operating with an airworthiness certificate without the 

restrictions and conditions proposed.

Medical certificates 

14 CFR 61.23 (a) 

This regulation requires pilots of manned aircraft to hold a medical certificate. Since 

risks associated with the operation of the proposed SUAS are so diminished from the 

level of risk associated with any manned aircraft; the SUAS is of a size, weight, 

speed, and operational capabilities which makes it much safer than any manned 

aircraft; since operations will occur in tightly controlled and limited airspace; and 

considering that all operations will be on private property that is clear of all people, 

obtaining and maintaining a medical certificate would not improve the safety of the 

operation. In the very rare case of a mishap, the SUAS being flown will pose 

significantly less of a threat than manned helicopters and fixed wing aircraft because 

the SUASs are a fraction of the size, a fraction of the weight, will be flown at a 

fraction of the speed, carry no flammable fuel, and carry no crew or passengers. 

Private pilot privileges and limitations: Pilot in command 

14 CFR 61.113 (a) and (b)

These regulations limit private pilots to non-commercial operations. Because the 

SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and 

operational capabilities; and since operations will occur in tightly controlled and 

limited airspace, the proposed operations can achieve the equivalent level of safety 

of current operations that currently require a commercial pilot’s license. 

Furthermore, since there are no standards for either private or commercial SUAS 

pilot certificates, knowledge of airspace regulations and dexterity in the control and 

operation of the SUAS acquired from actual operation of the aircraft will be the most 

important factors in establishing an equivalent level of safety. It cannot be assumed 

that a commercial pilot, approved to operate a manned helicopter or fixed wing 

aircraft, has the skill or ability to safely operate an unmanned aerial vehicle, 

operating at 400 feet AGL or lower, within strictly controlled pre-approved airspace.
Page 13

Flight instruction 

14 CFR 91.109

This regulation 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. SUASs and remotely piloted aircraft, by their design do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. The equivalent level of 

safety provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft.

Altimeter settings 

14 CFR 91.121

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As the SUAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an 

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

operator by confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

Fuel Requirements for Flight in VFR Conditions 

14 CFR 91.151 (a) 

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.” 

The battery powering the SUAS provides approximately <25 minutes of powered 

flight. That would make it impossible to meet the 30 minute reserve requirement. 

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

proposed operations within a predetermined area, a longer time frame for flight in 

daylight or night VFR conditions is reasonable. An equivalent level of safety can be 

achieved by limiting flights to <25 minutes or 25% of battery power (whichever occurs 

first). This restriction would be more than adequate to return the SUAS to its planned 

landing zone from anywhere in its limited operating area.

Maintenance Inspections 

14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 91.409 (a)(2); 

14 CFR 91.417 (a) and (b) 

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 
Page 14

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

maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 

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

Maintenance will be accomplished by the operator pursuant to the aforementioned 

Scout 4X user manual and guide. An equivalent level of safety will be achieved because 

these small SUASs are very limited in size, will carry a small payload, and operate only 

in restricted areas for limited periods of time. If mechanical issues arise, the SUAS can 

land immediately and will be operating from no higher than 400 feet AGL. As outlined in 

the aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS is in 

working order prior to initiating flight and perform maintenance as required. Moreover, 

the operator is the person most familiar with the aircraft and best suited to maintain the 

aircraft in an airworthy condition to provide the equivalent level of safety.

In accordance with 14 CFR Part 11, the following summary is provided for 

publication in the Federal Register: 

The applicant seeks an exemption from the following rules: 14 CFR Part 21, 

Subpart H; 14 CFR 61.113 (a) and (b); 14 CFR 91.109; 14 CFR 91.121; 14 CFR 

91.151; (a); 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1); 14 CFR 

91.409 (a)(2); 14 CFR 91.417 (a) and (b) to commercially operate small unmanned 

aircraft systems (55 lbs. or less) in order to safely and legally capture aerial 

photography and videography for use by homeowners, realtors, home builders, 

home contractors, and/or home inspectors.

The operation of SUASs conducted in the strict conditions outlined above, will provide 

an equivalent and/or greater 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 the ground, and in a sterile environment, and as a result, are far safer than 

existing operations conducted with helicopters operating in close proximity to the 

ground, people, or other buildings in the vicinity. Given the small size of the SUASs 

involved, the slow speed at which they must be operated in order to capture photos and 

videos, and the restricted environment within which they will operate, the Scout 4X

demonstrates that it can be operated within an equivalent level of safety in which 

Congress envisioned that the FAA must, by exemption, allow commercial 

operations of SUASs to commence immediately. Also, due to the size of the SUASs and 

the restricted areas in which the relevant SUASs will operate, approval of this 

application presents no threat to national security. Given the clear direction in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong 

equivalent level of safety surrounding the proposed operations, the significant public 

benefit – including enhanced safety, reduction in environmental impacts, no emissions, 

ability to legally obtain aerial photography and videography services – the grant of the 

requested exemptions is in 
Page 15

the public interest. Accordingly, MHAP respectfully requests that the FAA grant the 

requested exemption without delay. Satisfaction of the criteria provided in Section 333 

of the Reform Act – size, weight, speed, operating capability, proximity to airports and 

populated areas, operation within the visual line of sight, public safety, and national 

security – provide more than adequate justification to grant MHAP the requested 

exemption, allowing for commercial operations as described herewith. 

Sincerely, 

John Sherman

Founder, Mad Hornet Aerial Photography

Attachments

Appendix 1 - Walkera Scout 4X quick start guide and systems Flowchart (for F12E) 

Appendix 2 - Walkera Scout 4X quick start guide and systems flowchart (for GCS)