401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

Paul LaVigne 

Digital Services Inc. dba DVS 

401 Hall ST SW Ste 489 

Grand Rapids, MI 49503 

(616) 975-9911 office 

(616) 975-9696 fax 

January 8, 2016 

US Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE 

Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 

CFR 91.9(b)(2); 14 CFR 91.103;14 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 

(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and 

(b) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Paul 

Edward LaVigne, with Digital Services Inc. dba DVS, hereby applies for an exemption from the listed 

Federal Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are 

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

by Section 333, for all operators of small Unmanned Aerial Systems (UAS). 

Commercial operation small UAS, as described herein, which are equipped with cameras and sensors, 

would operate for the following aerial data collection purposes: 

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

land surveying, engineering and other related professional activities. 

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

and cinematography. 

 Aerial inspection/photography of residential/commercial structures under contract with owners or 

local government authority. 

As described fully below, the requested exemption would permit the operation of small UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide 

safety enhancements to the already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the 

FAA Administrator's) responsibilities to "....establish requirements for the safe operation of such aircraft 

systems in the national airspace system." 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

The name, phone, email and address of the applicant / operator: 

Name: Paul Edward LaVigne 

Company: Digital Services Inc. dba DVS 

Phone: (616) 975-9911 

Email: paul@dvs.com 

Address: 401 Hall ST SW Ste 489 – Box 62, Grand Rapids, MI 49503 

Regulations from which the exemption is requested: 

14 CFR 45.23 (b) Marking of the Aircraft 

14 CFR 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot in Command. 

14 CFR 91.7 (a) Civil Aircraft Airworthiness. 

14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft 

14 CFR 91.103 Preflight Action 

14 CFR 91.119(c) Minimum Safe Altitudes. 

14 CFR 91.121 Altimeter Settings. 

14 CFR 91.151 (a) Fuel Requirements for Flight in VFR Conditions 

14 CFR 91.203 (a) & (b) Carrying Civil Aircraft Certification and Registration 

14 CFR 91.405 (a) Maintenance Inspections. 

14 CFR 91.407 (a) (1) Maintenance Inspections. 

14 CFR 91.409 (a) (2) Maintenance Inspections. 

14 CFR 91.417 (a) & (b) Maintenance Inspections. 

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

normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the ability hover 

and move along a vertical and horizontal plane simultaneously. They will operate in line of sight only and by 

the exempted persons only obeying all other local and federal laws. 

Given the small size of the small UAS and the controlled environment provided the proposed operations 

will adhere to the Reform Act's safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of 

the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the 

requested exemption with minimum delay. 

 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

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

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

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

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include: 

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

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

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

25% battery power reserve or 30 minutes of flight time whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not 

more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC), the Visual 

Observer (VO) when needed and may include but not limited to a Camera Operator. 

6. A briefing will be performed regarding the planned small UAS operations prior to each day's flight 

consisting of all the days' production activities. 

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

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

radius may be reduced to 30 feet based upon an equivalent level of safety determination, as 

required under the FOM. With the advanced permission or direction of the FSDO, operations at 

closer range may be approved. 

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date 

information for the particular small UAS to be operated and will be able to show upon request their 

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

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

10. Written and/or verbal permission and permits will be obtained from territorial, state, county or city 

jurisdictions, including law enforcement, fire or other governmental agencies when needed. 

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

to return to a pre-determined location within a designated location and land autonomously. 

12. The small UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies. 

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

Subpart H, entitled Airworthiness Certificates, 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 the Applicant, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§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 small UAS. In all 

cases, an analysis of these criteria demonstrates that the small UAS 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

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

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

secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by both the operator and under the requirements and in compliance with local 

public safety requirements. These safety enhancements provide a greater degree of safety to the public 

and property owners than conventional operations conducted with airworthiness certificates issued under 

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the small UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

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

The regulation requires: When marks include only the Roman capital letter "N" and the registration number 

is displayed on 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," "lightsport," "experimental, " or "provisional," as applicable. 

Even though the small UAS will have no airworthiness certificate, an exemption is warranted because the 

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

be placed. Given the size of the small UAS, two-inch lettering will be impossible. The word "Experimental" 

will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided 

by having the small UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and 

others working with the small UAS will see the identification of the small UAS as "Experimental." 

Given the nature of the specific relief sought by this exemption request, Petitioner requires relief from the 

associated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require 

compliance with § 45.23(b). 

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): 

Exemptions Nos. 10700, 8738, 10167 and 10167A. 

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

Pursuant to 14 CFR § 61.113 (a) and (b) private pilots are limited to non-commercial operations, however 

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

does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control 

piloting skills. The risks of operating a UAS are far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR part 61, et seq., thus Petitioner requests an exemption from § 61.113 Private 

Pilot Privileges and Limitations: Pilot in command. 

Regarding UAS operational training, Petitioner has flown numerous practice flights in remote areas as a 

hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of the 

UAS’ performance under different temperature and weather conditions. Furthermore Petitioner practices 

computerized simulated flights to maintain adequate skills and response reflex time. 

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

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

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided. 

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

Section 91.9 (b) (2) provides: 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. The small UAS, given its size and configuration has no ability or 

place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying the small UAS will 

have immediate access to it. 

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

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

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be 

needed. 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

The OPERATOR will take all actions including reviewing weather, flight battery requirements, landing and 

takeoff distances and aircraft performance data before initiation of flight. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is 

for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the small UAS will never operate at higher than 400 

AGL with the exception that in circumstances where the small UAS is used to survey or photograph a 

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

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

where buildings and people will not be exposed to operations without their pre- obtained consent. The 

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

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the small UAS will ensure separation between these small- UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

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

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

may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check 

list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

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

Section 91.151 (a) 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 small UAS provides approximately 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 

minutes in length. Given the limitations on the small UAS's proposed flight area and the location of its 

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

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This restriction would be 

more than adequate to return the small UAS to its planned landing zone from anywhere in its limited 

operating area. 

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

The regulation provides in pertinent part: 

(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 . . . . 

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

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. 

 

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the small 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable 

to the small UAS. 

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

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed 

in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

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

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

with an airworthiness certificate. 

These sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant 

to the flight manual and operating handbook. An equivalent level of safety will be achieved because these 

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

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

from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to 

initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, 

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

airworthy condition to provide the equivalent level of safety. 

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

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

(AOM}. As provided in the FOM, the operator will ensure that the small UAS is in working order prior to 

initiating flight and perform required maintenance needed. 

 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

Additional Information pertinent to this request. 

Safety 

Approval of exemptions allowing commercial operations of UASs in the film industry will enhance safety by 

reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and 

present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the film 

location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of 

that risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the 

film set and not flown. The UAS will carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights. 

Privacy 

All flights that will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have 

agreed to be in the area where filming will take place. 

No-Fly Zones 

Paul Edward LaVigne of Digital Services, Inc. dba DVS will not operate within 5 nautical miles of any 

airport. Similar to the permission granted in Exemption No. 11153 - Regulatory Docket No. FAA20140519, 

page 25, "20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with that airports management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by the operators COA. 

The letter of agreement with the airport management must be made available to the Administrator upon 

request." 

As well as in Exemption No. 11195 - Regulatory Docket No. FAA20140884, page 12, "19. The UA may not 

operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airports management is obtained, and the 

operation is conducted in accordance with a Notice to Airmen (NOTAM), as required by the operators 

Certificate of Waiver or Authorization (COA). The letter of agreement with the airport management must be 

made available to the Administrator upon request." 

Paul Edward LaVigne of Digital Services, Inc. dba DVS requests the same flexibility as exemptions 11153 

and 11195 for acquiring agreement with the airports' management should operations fall within 5 nautical 

miles of an airport. 

Small UAS Information 

Small UAS1s to be used are as follows. 

1. DJI Phantom 3 Professional 

Serial # P76DCD10011479 

For your convenience all the manufactures Specifications and Manuals can be found here. 

1. http://www.dji.com/product/phantom-3-pro/info#downloads 

 
   

401 Hall ST SW Ste 489 | Grand Rapids, MI 49503-5098 | 616.975.9911 | www.dvs.com 

Conclusion 

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

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 in the commercial video production industry pursuant to 

the information provided. 

Finally these exemption reasons are similar in all material respects to relief previously requested in Grant of 

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

Respectfully, 

Paul Edward LaVigne 

President 

Digital Services, Inc. dba DVS 

401 Hall ST SW Ste 489 – Box 62 

Grand Rapids, MI 49508 

(616) 975-9911 

(616) 975-9696 fax 

paul@dvs.com