August 8th, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

: -~ 

i.-' .. :..; 

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from certain parts of the FARs. 

Dear Sir or Madame, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Justin Richardson, photographer, hereby applies for an exemption from the listed 

Federal Aviation Regulations ("FARs") to allow him to operate a small Unmanned Aircraft System ("UAS") 

under the conditions and limitations set forth in this Petition. 

The proposed exemptions, if granted, would allow Petitioner to operate small, camera-mounted 

unmanned aircraft systems ("UAS") weighing 55 pounds or less for the purpose of aerial filming of 

motion pictures, music videos, web videos, corporate videos, television programs and commercials, and 

still photography. 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, 

and (3) would provide safety enhancements to the already safe photography operations presently using 

manned helicopters and airplanes in Los Angeles County. 

Approval of this exemption would thereby enhance safety and fulfill 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." 

The name and address of the applicant is: Justin Richardson 29224 Bernardo Way Valencia Ca. 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. § 45 .23(b) 

14CFR§61.3 

14 C.F.R. § 91.7 (a) 

14 CFR § 91.9 (b) (2) 

14C.F.R. §91.103 

14C.F.R. §91.109 

14 C.F. R. § 91.119 

14 C.F.R. § 91.121 

' .. • ' ~ • • •. , • • • • > :.._ • • •• ~ •, • r' v 
14 CFR § 91.151 (a) 

14 CFR§91.203(a)&(b) 

14 CFR § 91.205(b) 

14 CFR § 91.215 

14 CFR § 91.405 (a) 

14 CFR § 407 (a) (1) 

14 CFR § 409 (a) (2) 

14 CFR § 417 (a) & (b) 

The Appendix describes the FARs from which an exemption is requested and summarizes the 

justification for each requested exemption. 

The Petition is submitted to fulfill Congress' goal under Section 333(a) through (c) of the Reform Act, 

which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems 

may operate safely in the national airspace system (NAS) before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Administrator must determine 

which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator 

Reform Act§ 333 (a). 

If the Administrator 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." ld. § 333(c) (emphasis added). 

The Secretary has delegated his aviation authority to the Administrator of the FAA. 

The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory 

requirements for civil aircraft, a term defined under §401 01 of the Act, which includes sUASs. The 

Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any sections 44702-44716 of the Federal Aviation Act if Administrator finds 

the exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 USC § 44711 (a); 49 USC § 

44704; 14 CFR §91.203 (a) (1). 

The petitioner has over fifteen years of experience as a digital photographer, both as a profession and 

hobby, and has been a helicopter and airplane RC enthusiast without incident for over twelve years. The 

wide availability of small Unmanned Aircraft Systems, also known as "micro drones, drones, or 

quadcopter" capable of carrying 
High-quality video cameras and priced at affordable levels attracted the petitioner. His entire 

involvement with photograp,hy has involved exploring new technologies and adapting them to capture 

better quality imagery. Petitioner currently has practiced flying various UAS models under 50 pounds, 

under 35 miles per hour, under 400 feet, for total of sixty hours over remote areas of the Los Angeles 

metropolitan area, over remote locations in Antelope Valley, and in the rural areas of Los Angeles 

County, and in Central California for recreational purposes, exploring the potential and the limitations of 

its video subsystem. 

He is pleased with the quality of the still and video imagery captured and overall safe maneuverability 

and controlled operation of the various UASs he's flown. 

Currently, a number of people, some professional colleagues and potential future clients, have been 

made aware of Petitioner's accomplishments and have seen the results and are requesting Petitioner to 

undertake additional "micro drones, drones, or quadcopter" photography for compensation . 

He has been advised that this is not now permitted unless he obtains special permission from the FAA. 

Many competitors of Petitioner are actively flying UAS's to conduct aerial photography for commercial 

purposes, notwithstanding the FAA's stated prohibition. He also notes and has read the congressional 

mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the FAA move 

quickly to accommodate the economic and societal benefits that can result from widespread 

deployment of UAS technology. Accordingly, Petitioner applies for authorization under the Federal 

Aviation Act, and the FARs rules to undertake the following activities for commercial purposes. Unless 

the Petition is granted, Petitioner will be at a significant competitive dis-advantage if he, as he prefers, 

complies with FAA policy. 

Vehicle 

The Petitioner will fly various small, camera-mounted unmanned aircraft systems ("UAS") weighing 55 

pounds or less, at a speed no greater than 50 knots. This vehicle has built in capability to limit the 

height it flies above the ground, to limit the radiu~ of the distance it flies from the operator, and to 

exclude it from class B, C, and D airspace. The vehicle also has the built-in capability to return to the 

launching point if the wireless control link is interrupted or if the operator attempts to exceed any of 

the height, radius, or airspace limitations programmed into it. 

The vehicle weighs about five pounds empty and has a maximum gross weight of approximately twenty 

pounds. It has a top speed of about 30 knots, carry neither a pilot nor passenger, carry no explosive 

materials or flammable liquids, and operate exclusively within a predetermined area. It has four fixed 

pitch rotors, thrust from which is varied by chang in~ R~M. It is powered by a lithium polymer battery. 

Flight Profile 

The petitioner will not fly UAS above 400 feet above ground level, or more than 1500 feet away from 

him. He will carefully preflight check the vehicle before each mission to assure that its navigation 

system are properly calibrated and that any included return-to-home features, altitude, and radius 

limitations work. 

He will operate the vehicle for aerial photography missions only in the early morning hours and other 

times when few people are oUt in the public.· He will operate itorily over largely unpopulated areas 

where the potential of uncontrolled descent to cause injury or damage is lowest. 
He will not operate it in controlled airspace whatsoever, without express written consent from the FAA. 

In the unlikely event that a manned aircraft flies below 400 feet AGL where the petitioners operating his 

Phantom, he will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft. 

More particularly, the Petitioner will fly UASs only over the following types of areas in Metropolitan 

Los Angeles: 

• Over Lakes and various waterways of Los Angeles and the state of California, outward of the shoreline 

• Over open water in marinas, anchorages, and rivers amongst and surrounding the city of Los Angeles 

• Over lines of railroad and rail classification yards 

• Over metropolitan Los Angeles parks 

• Over nonresidential and noncommercial large-scale industrial areas 

• Over private property when he has been commissioned by the person in legal possession of the 

property to do so. 

• Over public or private events petitioner is hired as photographer. 

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform 

Act relating to size, weight, speed operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security. The Petition justifies grant of the 

requested exemptions allow the Petitioner to obtain aerial photography with his drone. 

Respectfully submitted, 

Justin Richardson 

. 14 CFR § 45 .23(b) 

14 CFR Part 21 

14 OFR § 61.3 

14 CFR § 91.7 (a) 

APPENDIX 

Requirement to display --

registration number on 

vehicleAircraft certification 

requirements and procedures 

Requirement for 

pilot certificate 

Airworthiness requirement 

··- ·Insufficient space on vehicle 

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 

Part 61 requirements designed 

for manned aircraft, not sUAS; 

petition describes training for 

sUAS operator 

Designed for manned aircraft; 

not suitable for off-the-shelf 

sUAS 
14 CFR § 91.9 (b) (2) Requirement for manual to be No one aboard to read manual 

available in the cockpit 

14 CFR § 91.103(b) Requirement for crew Unmanned vehicle 

members to be onboard 

14 CFR § 91.109 Requirement for dual No one aboard to operate 

controls during flight controls 

14 CFR § 91.119 Minimum altitudes for safe Safety requires operation 

flight below these altitudes 

14 CFR § 91.121 Altimeter settings No one aboa rd to 

read altimeter 

14 CFR § 91.203 (a) & (b) Requirement for registration No one aboard to read 

and airworthiness certificates certificates 

to be onboard 

14 CFR § 91.205(b) Cockpit instruments No one aboard to read 

14 CFR § 91.215 [Transponder requirement Vehicle has insufficient useful 

load; will be operated below 

ATC radar coverage 

14 CFR § 91.405 (a) Inspection requirE)ments I Designed for manned 

aircraft; not suitable for offthe-shelf 

14 CFR § 91.407(a) (1) Inspection approval Designed for manned 

requirements aircraft; not suitable for offthe-shelf 

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned 

aircraft; not suitable for offthe-shelf 

14 CFR § 91.417 (a) & (b) Maintenance records Designed for manned 

requirements aircraft; not suitable for offthe-shelf