BEFORE THE FEDERAL AVIATION ADMINISTRATION 

Payson Associates, 

Docket No. FAA-2015-_____ 

Petitioner. 

PETITION OF PAYSON ASSOCIATES FOR AN EXEMPTION FROM CERTAIN 

FEDERAL AVIATION REGULATIONS TO PERMIT UNMANNED AIRCRAFT 

SYSTEMS (UAS) OPERATIONS 

DATE: April 7, 2015 
U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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, Payson Associates, operator of Small 

Unmanned Aircraft Systems (“sUAS”) equipped to conduct aerial photography

and videography for the commercial and residential real estate, legal, 

construction, and insurance industries, hereby applies for an exemption from the

listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

sUAS, 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 

333.1

As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to 

access and 4) would provide safety enhancements to the already safe operations 

in the film and television 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.” Section 333(c) of the Reform Act.
1. BACKGROUND INFORMATION: THE PETITIONER 

Payson Associates (“PAYSON ASSOCIATES”), is a sole proprietorship located 

in Swarthmore, Delaware County, Pennsylvania. PAYSON ASSOCIATES 

provides photography and videography for the real estate, construction, legal and 

insurance industries. 

2. PROPOSED UAS OPERATIONS: THE EXEMPTION REQUEST 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(“FMRA”), PAYSON ASSOCIATES requests that the FAA grant PAYSON 

ASSOCIATES an exemption from certain sections of the FAR (detailed below) so 

that PAYSON ASSOCIATES may commercially operate one or more small DJI 

Phantom 2 drones for aerial photography and videography for its' customers, 

PAYSON ASSOCIATES’ proposed UAS operations, as conditioned and limited 

herein, will not adversely affect safety, but rather will provide an equivalent or 

greater level of safety than that provided by the current rules and large manned 

aircraft operations. 

They will operate only in line of sight and will operate in accordance with the 

manufacturer's User Manual (version 1.8) and Pilot Training Guide, attached 

(hereinafter referred collectively as “the Manuals”).

All flights will occur over private or controlled access property with the property 

owner’s, or their duly appointed representative, prior consent and knowledge. 
Your name and mailing address. You may include other contact 

information such as a fax number, telephone number, or email address;

Name: Payson Associates

Address: 201 Garrett Avenue, Swarthmore, PA 19081

Telephone number: 484-326-9344

Email: ashelter@paysonassociates.com

Principal officer: Andrew Shelter

Legal status: Sole proprietorship. 

Entity established: January 1st, 1998

TIN: 23-3003209

DUNS: 083064506

Federal Government Central Contractor Registration Code: 1MD03
The specific section or sections of 14 CFR from which you seek an 

exemption;

14 C.F.R. Part 21, Subpart H,	Airworthiness Certificates & 14 C.F.R. 

§91.203(a)(1).

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) 

and 45.27(a).

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

Command.

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

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

14 C.F.R. § 91.103: Preflight Action.

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

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

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

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

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

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections.
The extent of relief you seek and the reason you seek the relief;

14 C.F.R. Part 21, Subpart H,	Airworthiness Certificates & 14 C.F.R. §

91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 21, Subpart H, which 

establishes the procedural requirements for the issuance of airworthiness 

certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited 

operating area associated with the sUAS to be utilized by the Petitioner, 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 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 UAS. 

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 

rotorcraft operating with an airworthiness certificate without the restrictions and 

conditions of the proposed sUAS operations. 

Equivalent Level of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, and carries no explosive materials or flammable 

liquid fuels. Unlike other civil aircraft, the proposed operations in this petition for 

exemption will be controlled and monitored by the operator, in accordance with 

the Manuals’ requirements. 

These safety enhancements, which already apply to civil aircraft operated in 

connection with existing inspection operations, 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 sUAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load.

14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioner's sUAS

would otherwise require certification under Part 27, as a rotorcraft, Petitioner 

requests an exemption from Part 27's airworthiness standards for the same 

reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 

45.23(b) and 45.27(a).

This petition seeks an exemption from the aircraft marking and identification 

requirements of 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

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

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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," "light-sport," "experimental," or "provisional," as applicable.

14 C.F.R. § 45.27(a), Rotorcraft, states:
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.

Exemption from § 45.23(b) is warranted because the sUAS has no entrance to 

the cabin, cockpit, or pilot station on which the word "Experimental" can be 

placed. Moreover, given the size of the sUAS, two-inch lettering would be 

impossible. The word "Experimental" will be placed on the fuselage in 

compliance with § 45.29(f).

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).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and 

identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided 

by having the sUAS marked on its fuselage as required by §45.29(f) where the 

pilot, observer, and others working with the sUAS will see the identification of the 

UAS as "Experimental." Additionally, Petitioner will ensure compliance with any 

requests of sUAS marking by the FAA. 

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

Command.

This petition seeks an exemption from the private pilot privileges and limitations 

of § 61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as 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.

Section 61.113(a) limits private pilots to being in command of non-commercial 

flights. Section 61.113(b)(1) provides an exception that allows a private pilot to 

command an aircraft without passengers or property, in connection with business 

or employment if "[t]the flight is only incidental to that business or employment." 

That exception likely does not apply to the proposed operations under this 

petition for exemption, as the flights are not incidental to the proposed aerial 

surveys and inspections but rather essential to it. Accordingly, this petition seeks 

an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s 

requirement that the flight be incidental to the business to benefit from the 

exception.

Equivalent Level of Safety

Because the sUAS will not carry a pilot or passengers and is inherently stable, 

with sophisticated computer and GPS controls, the proposed operations can 

achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC 

operating the sUAS to have significant 

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

remotely controlled with no living thing on board. Moreover, the area of operation 

is controlled and restricted, and all flights are planned and coordinated in 

advance in accordance with the Manual, and flights are limited in duration and 

altitude.

The sole operator of the sUAS has extensive experience operating the sUAS in a 

non-commercial environment, and is Certified Safety Professional and a retired 

Naval Officer with extensive experience in safe control of rotary and fixed wing 

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

This petition seeks an exemption from the flight manual requirements of 14 

C.F.R. § 91.9(b)(2), which states:

(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. 

Given its size, configuration, and load capacity, the sUAS has no ability to carry 

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

because there is simply no room or capacity to carry such an item on the aircraft. 

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied 

by maintaining the sUAS flight manual at the ground control point where the pilot 

flying the sUAS will have immediate access to it. Accordingly, Petitioner requests 

an exemption from § 91.9(b)(2)'s flight manual requirements, on the condition 

that the sUAS flight manual be available at the control point during each 

operation. 

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

This petition seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a 

civil aircraft be in an airworthy condition to be operated. Inasmuch there will be 

no airworthiness certificate issued for the sUAS, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. 

Equivalent Level of Safety

PAYSON ASSOCIATES Pilot in Command who will be flying the sUAS has over 

50 flight hours and a stellar safety record. Given the size of the sUAS and the 
requirements contained in the Manual for maintenance and use of safety 

checklists prior to each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information 

contained in the FAA approved Flight Manual on board the aircraft. Inasmuch as 

an FAA approved flight manual will not be provided for the sUAS, an exemption 

will be needed. 

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual comprehensive preflight checklist. The PIC will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff distances, and 

aircraft performance data, before initiation of flight. 

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

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which 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." sUAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Instead, flight control is accomplished through the use of 

a control box that communicates with the sUAS via radio communications. 

Equivalent Level of Safety 

Given the size and speed of the sUAS, an equivalent level of safe training can 

still be performed without dual controls because no pilot or passengers are 

aboard the sUAS, and all persons will be a safe distance away should the sUAS 

experience any difficulties during flight instruction. 

14 C.F.R. § 91.119: Minimum Safe Altitudes.
This petition seeks an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under 

which aircraft may not operate, including 500 feet above the surface and away 

from any person, vessel, vehicle, or structure in non-congested areas. C.F.R. § 

91.119(c). Section § 91.119(d)(1) allows for a helicopter to operate at less than 

those altitudes when it can be operated "without hazard to persons or property on 

the surface," provided that "each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the FAA.

To provide the intended inspections, the sUAS will normally need to be operated 

within a range of between 50 and 200 feet from the property being filmed or 

photographed. Accordingly, due to the nature of the proposed operations, the 

PIC may at times be less than 500 feet away from structures during the 

operation, and an exemption is therefore required. 

Equivalent Level of Safety

Compared to flight operations with 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. An equivalent level of safety will be achieved given the size, 

weight, and speed of the UAS as well as the location where it is operated. No 

flight will be taken without the permission of the property owner and/or local 

officials. Because of the advance notice to the property owner and participants, 

all affected individuals will be aware of the planned flight operations. 

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with 

other aircraft that are subject to the minimum safe altitude regulations. 

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a 

person operating an aircraft to maintain cruising altitude or flight level by 

reference to an altimeter that is set to the elevation of the departure airport or 

barometric pressure. An exemption is required because the sUAS does not have 

a barometric altimeter, but rather a GPS altitude read out. 
Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set 

forth in the Manual. As prescribed in the Manual, the operator will confirm the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

Moreover, the PIC will use the GPS altitude indicator to constantly monitor the 

sUAS height, thus ensuring operation at safe altitudes. 

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

This petition seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements 

for flight in VFR conditions. Section 91.151 states: 

(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 minutes; or 

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

The battery powering the sUAS provides approximately 20 minutes of powered 

flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 

is therefore required. 

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 

25% of battery power, whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere 

within its limited operating area. Operation of the sUAS 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. Moreover, 

operation will be limited to controlled areas where only people and property 

owners, or official representatives who have signed waivers will be allowed. 
14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and 

Registration.

This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203 (a) and (b). 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 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.

In addition to the fact that Petitioner is seeking an exemption from the 

airworthiness certificate requirements, an exemption to this regulation is 

necessary because: (1) the sUAS's load capacity and size does not allow it to 

carry certification and registration documents; (2) the sUAS does not have a 

cabin or cockpit entrance at which the documents could be displayed; and (3) 

there are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, 

an equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access 

to them. 

14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b):

Maintenance Inspections.
 This petition seeks an exemption from the maintenance inspection requirements 

of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These 

regulations specify maintenance and inspection standards in reference to 14 

C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or 

operator of an aircraft "shall have that aircraft inspected as prescribed in subpart 

E of this part and shall between required inspections . . . have discrepancies 

repaired as prescribed in part 43 of this chapter"). An exemption to these 

regulations is needed because Part 43 and these sections apply only to aircraft 

with an airworthiness certificate, which the sUAS will not have. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the Manuals. As provided in 

the Manuals, the operator will ensure that the UAS is in working order prior to 

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

maintenance performed. 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. 

If mechanical issues arise, the UAS can land immediately and will be operating 

from no higher than 200 feet AGL. Moreover, the sUAS's small size, carrying 

capacity, and the fact that flight operations will only take place in restricted areas 

for limited periods of time, create less risk than the same factors associated with 

conventional fixed-wing aircraft and rotorcraft performing the same operation. 
How your request would benefit the public as a whole;

The operation significantly improves safety and reduces risk by alleviating human 

exposure to danger associated with current aerial survey and inspection 

methods, namely, full size helicopters. Manned helicopters performing aerial 

photography have experienced an exceedingly high number of accidents and 

fatalities. The public's interest is furthered by reducing human exposure to death 

or serious injury associated with manned aircraft performing photography, 

inspections and patrols. 

Petitioner's sUAS are battery powered and create no emissions. If Petitioner's 

sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's 

lightweight sUAS is, obviously, far less than a full size helicopter. The public's 

interest is furthered by minimizing ecological impact of an accident and by 

reducing human exposure to potentially harmful emissions associated with 

manned aircraft. 

Aerial surveys are valuable tools for roof, utility-power generation, cell phone 

towers, bridge and tunnel inspections and other elements that comprise the 

national transportation and communication infrastructure. However, problems 

with safety, cost, statistical integrity, and logistics continue to impede aerial

surveys and inspections from conventional manned aircraft. The use of sUAS

addresses these problems and is a powerful tool for performing a wide-range of

utility-power generation inspection and patrol applications. The public as a whole

will benefit from the safer and more cost-effective utility aerial services that sUAS

operations provide.
Reasons why the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to the existing rule;

These reasons are listed individually above for each specific exemption request.
A summary we can publish in the Federal Register stating—

The rules from which you seek the exemption; 

Payson Associates seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 

61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 

91.109(a); 14 CFR 91.119; 14, CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 

(a) & (b); 14 CFR 91.405(a); 14 CFR, 91.407(a)(1); 14 CFR 91.409(a)(2); 14 

CFR 91.417 (a) & (b).

and

A brief description of the exemption you seek;

Payson Associates seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. § 

61.113 (a) & (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 

91.109(a); 14 CFR 91.119; 14, CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 

(a) & (b); 14 CFR 91.405(a); 14 CFR, 91.407(a)(1); 14 CFR 91.409(a)(2); 14 

CFR 91.417 (a) & (b).

for the purposes of conducting aerial photography, videography and inspections

for the commercial and residential real estate, legal, construction, and insurance 

industries,
Any additional information, views, or arguments available to support your 

request; 

Additional documents attached and submitted in this electronic application, 

including user manuals, sUAS pilot training guide, and sUAS technical 

specifications.
If you want to exercise the privileges of your exemption outside the United 

States, you must state the reason.

Payson Associates does not intend to operate the sUAS outside of the United 

States.