July 29, 2015

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act 

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

Act) and 14 C.F.R. Part 11, I, Thomas Jennings, operator of small Unmanned Aircraft 

Systems (“sUAS”) to conduct aerial surveys, data collection, cinematography and 

photography, hereby apply for an exemption from the listed Federal Aviation Regulations to

allow commercial operation of sUAS.

The requested exemption would permit the operation of sUAS under controlled conditions 

in airspaces that are 1) limited 2) predetermined and 3) controlled in regards to access and 4) 

would provide safety enhancements to the protocols followed by myself. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’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 pursuant is as follows:

Thomas Jennings

505 Fairway Dr

PO Box 1185

Tahoe City, CA 96145

530 386 6677

42jennings@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91.7 (a);

14 CFR 91.9 (b) (2);

14 C.F.R. 91.103;

14 C.F.R. 91.109;

14 C.F. R. 91.119;

14 C.F.R. 91.121;

14 CFR 91.151 (a);

14 CFR 91.203 (a) & (b);

14 CFR 91.405 (a);

14 CFR 407 (a) (1);

14 CFR 409 (a) (2);

14 CFR 417 (a) & (b)
The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under §40101 of 

the Act, including sUAS, from the requirement that all civil aircraft must have a current 

airworthiness certificate.

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 this title if the 

Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assist the Secretary in determining whether sUAS may 

operate in the national airspace system without creating a hazard to the user, the public, or a 

threat to national security. In making this determination, the Secretary must consider:

1. The sUAS size, weight, speed and operational capability; 

2. Whether the sUAS operates within the visual line of sight of the operator; 

3. Whether the sUAS operates outside of highly populated areas and away from close 

proximity to airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “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.” Id. 333(c).

Thomas Jennings wishes to operate the following sUAS:

DJI F450 (already approved by the FAA in prior exemption no. 11974)

DJI F550 (already approved by the FAA in prior exemption no. 11974)

DJI Inspire 1 (already approved by the FAA in prior exemption no. 11153A)

DJI Matice 100 (already approved by the FAA in prior exemption no. 11814)

DJI S1000 (already approved by the FAA in prior exemption no. 11694)

3DR Solo (already approved by the FAA in prior exemption no. 11309A)

3DR Iris+ (already approved by the FAA in prior exemption no. 11490)

3DR AeroM (already approved by the FAA in prior exemption no. 11617)

Each of the listed machines are multirotor or fixed wing unmanned aircraft weighing up to 

30 pounds, including payload (camera and battery). The sUAS will operate only in the pilot’s 

and observer’s visual line of sight at all times. Such operations will insure that the sUAS will 

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

Section 333(b).

Given the small size of the sUAS involved and the restricted environment within which they 

will operate, my application falls squarely within the zone of safety in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUAS to 

commence. Also due to the small size of the sUAS and the low altitudes in which each sUAS 

will operate, approval of the application presents no national security issue.

The sUAS models I propose to utilize each have a special use for aerial survey, data 
collection, cinematography or photography. Each sUAS is equipped with GPS and ground 

station equipment, which allows the operator to pre-program designated flight paths, 

respecting defined no fly zones, legal flight ranges and altitude ceilings so the system cannot 

enter areas deemed unsafe or unnecessary to fly over.

Each sUAS craft maintain the ability to take full manual control at any time during semi or 

autonomous flight. If communication is lost with the control transmitter, regardless of semi 

or autonomous flight modes, the on board flight controller will immediately start a return-tohome procedure and arrive at the original source point of lift off. The same return to home 

feature is also configured for low battery levels and wind thresholds that exceed limits during 

the planned flight. Should battery become critically low during flight, the sUAS will begin a 

self landing procedure, while its GPS will remain online to transmit telemetry data for 

recovery.

All flight operations will utilize GPS for ease of use and safety considerations. The flight 

control system employs not only GPS positioning but a variety of sensors including sonar, 

barometric pressure, temperature, wind speed and others to ensure stability so long as wind 

thresholds are not exceeded. Also a flight termination link – to prevent a “fly away” or other 

potentially dangerous situation – is available to the operator.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

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 Thomas Jennings, 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.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high 

“limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to 

a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate,

an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or 

pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, 

2 inch lettering will be impossible. Thomas Jennings will mark the sUAS with his name and 

address. 
14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the 

sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the pilot operating the aircraft to have 

completed at least 20 hours of sUAS observation time, as well as 50 hours flying a sUAS for 

non-commercial or government use, but strictly as hobby use (as not to endanger civilians or 

property whilst learning pilot skills). Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance, referred to as "pre-flight 

planning". The risks associated with the operation of the sUAS are so diminished from the 

level of risk associated with commercial operations contemplated by Part 61 when drafted, 

that allowing operations of the sUAS as requested exceeds the present level of safety 

achieved by 14 CFR 61.113(a) and (b).

14 CFR 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. 

Safety checklists will be performed to validate that an equivalent level of safety has been 

conducted prior to each flight.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, 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 User Manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure 

the safety of flight. An exemption is needed from this requirement as the pilot will take 

separate preflight actions, including checking for weather conditions, checking flight battery 

requirements, validating GPS connectivity and fail safes, checking takeoff and landing 

distances, and all other actions listed in safety checklists. These actions will provide an 

equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 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. By design, sUAS and remotely piloted aircraft 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 equivalent level of safety is provided by the 

fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the 
sUAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 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. This exemption is for a multirotor craft that flies similarly to a helicopter, with 

vertical takeoff and vertical landing, which will typically operate at altitudes of 200 feet above 

ground level (AGL), so an exemption may be needed to allow such operations. The sUAS 

will never operate at altitude higher than 400 AGL and all operations will occur during 

daylight hours under Visual Meteorological Conditions (VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS 

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 advance notice to the property owner and any 

onsite personnel, as well as the precautions outlined below, all affected individuals will be 

aware of the planned flight operations.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS 

proposed herein and carrying flammable fuel, any risk associated with our operations is far 

less than those presently presented with helicopters and other conventional aircraft operating 

at or below 500 feet AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between these UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings 

This regulation requires each person operating the 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 PIC confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our 

sUAS is limited to operations in controlled environments and has a limited flight time which 

require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 25 minutes of powered flight. This 

would render the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. 

Given the limitations on the sUAS proposed flight area and the location of its proposed 

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

conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough 

battery reserve to ensure that the sUAS lands at the ground station with at least 20% of 

battery power (as determined by the onboard monitoring system and the PIC), whichever 
happens first. This restriction would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. 

Therefore, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS.

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, to the 

extent they are applicable to the sUAS.

14 CFR 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to my proposed sUAS. Maintenance will be 

accomplished by the operator pursuant on an as needed basis, subject to validation after 

each flight. An equivalent level of safety will be achieved because these sUAS 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 sUAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator pursuant will ensure that the 

sUAS is in working order prior to initiating flight, validate all post flight checks are 

performed from preflight checks, perform required maintenance of sUAS and additional 

ground station equipment 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.

Granting the present Petition will further the public interest by allowing Thomas Jennings to 

safely, efficiently, and economically conduct aerial surveys and data collection. Additionally, 

use of sUAS will reduce risk of older, conventional methods of aerial surveying, reduce 

pollution and decrease congestion of the NAS. 

By using the requested sUAS platforms to perform aerial data acquisitions, the substantial 

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the 

requsted sUAS platforms have less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically 

conduct similar operations.

By reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. Likewise, a reduction of 
manned aircraft conducting aerial data acquisition missions would result in fewer aircraft that 

must be handled by air traffic control. In addition, due to the high ground sampling 

distances achieved with the sUAS I will be able to provide data resolution well beyond that 

of manned aviation.

Thomas Jennings will abide and adhere to the following limitations during all operations 

under an FAA issues exemption:

• Pilot-in-Command (PIC) will hold a Light Sport Pilot certification, private ground 

instruction and pass the FAA private pilot written examination. 

• The maximum weight of proposed sUAS will weigh less than 55 pounds. 

• Minimum crew for each operation will consist of the sUAS pilot (Pilot-inCommand) and Visual Observer (VO). 

• sUAS will not operate within 5 nautical miles of an airport.

• Flights will be operated within visual line of sight (VLOS) of the sUAS.

• The pilot and visual observer will have been trained in the operation of the sUAS.

• Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

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

• Flight operations will not proceed when wind conditions exceed 25 mph 

consistently.

• Proposed sUAS will be equipped with GPS fail safes, programmed to avoid 

restricted Airspaces and No-Fly zones 

• Proposed sUAS will return to home in the event of radio control signal loss.

• Proposed sUAS will have the capability to abort flight in case of unpredicted 

obstacles or emergencies. 

• Written and/or oral permission from the relevant property holders will be obtained.

CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 that size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security provide justification for the grant of the 

requested exemptions allowing commercial operation of sUAS for aerial surveys, data 

collection, cinematography and photography.
I intend to provide valuable data services to industries with a focus on safety and 

professionalism. 

Sincerely,

Thomas Jennings