13 August 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

Act”) and 14 CFR Part 11, Alan Clore (Petitioner) hereby applies for an exemption from

Federal Aviation Regulations to allow commercial operations of small unmanned aerial 

systems (sUAS) for the purpose of acquiring aerial images, photography, and 

videography.

The make and model of sUAS for which Petitioner requests exemption are: 

 DJI Inspre 1

 DJI Phantom 2

 DJI Phantom 3 Professional

 3D Robotics Solo

This petition is organized as follows:

I. Description of Petitioner

II. Types of Operations

III. Safety and Proposed Limitations of Operations

IV. Regulations from which Exemption is Requested

V. Benefit to the Public

VI. Privacy

VII. Summary for Federal Registry

VIII. Attached Document

IX. Conclusion
I. Description of Petitioner 

The Petitioner’s name and address is:

AviaVideo, LLC

Alan Clore, manager

654 Clore-Jackson Rd. 

Shelbyville, KY 40065

Phone: 502-667-0213

Email : ac@aviavideo.com

The manager of AviaVideo, LLC is Alan Clore, an American citizen and certificated flight 

instructor who has been a licensed pilot for over 22 years. 

II. Types of Operations 

Petitioner proposes to use sUAS for commercial operation to acquire aerial images, 

photography, and videography for the following purposes: 

 agricultural crop assessment

 land surveying

 building and structural inspections

 real estate marketing

 news gathering

 UAS training and safety operations

 search and rescue operations

 informational and educational video production

III. Safety and Proposed Limitations of Operations

Petitioner proposes to operate within the following operational limitations to ensure an 

equivalent or higher level of safety to operations conducted under current regulatory 

guidelines with conventional aircraft that carry combustible fuel and passengers. 

1. The sUAS will weigh less than 55 pounds.

2. Flights will be operated within line of sight of a pilot in command (PIC) and visual 

observer (VO).

3. Maximum total flight time for each operational flight will be 30 minutes. Each 

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

the 30 minute limit. The PIC will ensure there is enough battery power to 

conduct the flight and operate after that for at least 5 minutes. 

4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. The sUAS will not be operated at a groundspeed greater than 80 knots.
6. Minimum crew for each operation will consist of the sUAS Pilot and a Visual 

Observer. Additional crew may consist of a camera operator.

7. The sUAS will be operated at all times within Visual Line of Sight (VLOS) of the 

Pilot in Command (PIC), and Visual Observer. The PIC and VO will be able to 

communicate verbally at all times during the flight. 

8. The sUAS PIC will be an FAA licensed airman with a minimum private pilot 

certificate and third class medical or valid U.S. driver’s license. The PIC will also 

meet the flight review requirements in 14 CFR § 61.56.

9. The PIC and VO will be designated prior to each flight. 

10. All sUAS flights will be conducted in daytime Visual Meteorological Conditions 

(VMC).

11.The sUAS will only operate within a confined pre-determined area for each flight.

12. If the sUAS loses communications or GPS signal it will have the capability to 

return to a pre-determined location within the secure perimeter and land. 

13. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

14. A briefing will be conducted prior to each day’s UAS flight operations. It will be 

mandatory for all personnel who will be performing duties within the safety 

perimeter to be present for this briefing. 

15. All required permissions and permits will be obtained from territorial, state, 

county, or city jurisdictions, including law enforcement, fire, and other appropriate 

government agencies. 

16. All operations will be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

17. All operating documents, including any exemptions granted by the FAA, will be 

accessible during each sUAS operation. 

18. Petitioner will maintain and inspect each sUAS to ensure it is in a safe condition 

for flight prior to each sUAS operation. All maintenance will be performed 

according to manufacturer’s guidelines. 

19. The Petitioner will ensure that the sUAS will comply with all manufacturer’s 

safety bulletins. 

20. Prior to each flight the PIC will conduct a pre-flight inspection to confirm the 

sUAS is in a condition for safe flight. If the inspection reveals any condition that 

affects safe operation of the sUAS, operations will be halted until maintenance is 

performed and the aircraft has been found in a condition for safe flight. 

21. After any maintenance or alterations, each sUAS will undergo a functional test 

flight to be conducted by a PIC and VO. The sUAS will remain at least 500 feet 

from any people and will be conducted in such a way as not to pose a hazard to 

persons and property. 

22. The PIC will obtain consent of all persons involved in the filming and ensure that 

only consenting persons will be allowed within 500 feet of the flight operation.

23. The sUAS will remain clear and give way to all manned aviation operations and 

activities at all times.
IV. Regulations from which Exemption is Requested

14 CFR Part 21, Subpart H: Airworthiness Certificates, 14 CFR §91.203 (a) (1)

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). 

Given the small 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. 

The sUAS to be operated is less than 55 pounds fully loaded, carries neither a pilot nor 

passengers, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a defined area. Operating the sUAS without an airworthiness 

certificate, in the restricted environment and under the conditions proposed in this 

petition 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.

14 CFR § 45.23 (b) and § 45.29. Marking of the Aircraft 

Section 45.23 (b) states that “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.”

The sUAS has no entrance to a cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be 

impractical. 

Petitioner will ensure compliance with § 45.29(f) to meet the intent of the regulation by 

displaying the registration number in the largest practicable lettering.
14 CFR § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled and carries no passengers. The area of operation is controlled. An 

equivalent level of safety can be achieved by requiring the PIC operating the aircraft to 

have a private pilot’s license. The risks associated with the operation of the sUAS are 

so diminished from the level of risk associated with commercial operations of 

conventional aircraft carrying combustible fuel and passengers, that allowing operations 

of the sUAS as requested with a private pilot as the PIC exceeds the present level of 

safety achieved by 14 C.F.R. §61.113 (a) & (b). 

Furthermore, Petitioner is a commercial pilot. Since there are currently no applicable 

areas identified for UAS in either the private or the commercial sector, an exemption is 

requested to conduct commercial operations. 

14 CFR § 91.103: Preflight Action

Section 91.103 requires each pilot to preflight an aircraft before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be used, an 

exemption is requested. However, an equivalent level of safety will be provided. The 

PIC will take all actions, including reviewing weather, flight battery requirements, landing 

and takeoff distances, and aircraft maintenance data before commencement of flight.

14 CFR §91.109: Flight Instruction

Section 91.109 (a) states 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. Therefore the exemption is requested to train operators, build experience, and 

maintain proficiency. 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 is provided by the fact that neither a pilot nor 

passengers will be carried in the sUAS 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. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, an exemption may 

be needed to allow such operations. As set forth herein, the sUAS will never operate at 

higher than 400 AGL. It will however be operated in a safe and predetermined area.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 of the advance notice to the 

property owner, 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 55lbs. 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 low-altitude operations of the 

sUAS will ensure separation between these sUAS 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 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 PIC by 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) 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 typically provides less than 30 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151 would not be 

possible. 

Petitioner asserts that an equivalent level of safety will be achieved by limiting flights to

25% of remaining battery power and ensuring that flights are completed with 5 minutes 
of battery power remaining. This restriction will be more than adequate to return the 

sUAS to the proposed landing zone from anywhere in its limited operating area and 

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. Similar exemptions have been granted to 

other operations, including Exemptions 2689F, 5745,10673, and 10808

14 CFR §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 

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 sUAS 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 sUAS.

An equivalent level of safety will be achieved by keeping all operating documents at the 

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

them. The FAA has issued numerous exemptions to this regulation. 

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 the applicant. Maintenance will be 

accomplished by the Petitioner in accordance with manufacturer’s guidelines. An 

equivalent level of safety will be achieved because these small UAS 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 Petitioner will ensure that the sUAS is 

in working order prior to initiating flight, perform required maintenance, and keep a log 

of any maintenance performed. Moreover, the Petitioner 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.
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. An equivalent level of safety will be provided by the PIC’s inspection of 

the sUAS prior to each flight and by complying with maintenance procedures outlined by 

the manufacturer. 

14 CFR § 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 sUAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft. The equivalent level of safety will be maintained by keeping the 

flight manual at a ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

32827, and 10700. 

V. Benefit to the Public

Use of an sUAS weighing less than 55 pounds instead of manned flights in aircraft that 

carry passengers and combustible fuel significantly improves safety and reduces the 

risk of injury or property damage. The operating costs are also considerably less 

thereby benefitting the farmers, construction companies, building inspectors, and others 

who use aerial photography. It also benefits the environment by not producing carbon 

emissions as internal combustion engines do. Conventional manned aircraft often 

require considerable fuel to fly to a location which increases cost, time, and carbon 

emissions. Use of Petitioner’s sUAS makes aerial surveys for agriculture more 

affordable thereby benefitting the public by allowing farmers to increase crop yield and 

better manage soil erosion and chemical runoff by evaluating aerial images of terrain.
VI. Privacy

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

prior consent and knowledge. Recognizable images will only be recorded of people 

who have given their consent or otherwise have agreed to be in the area where active 

image acquisition will take place. All flights will be conducted in accordance with 

federal, state, or local laws regarding privacy. 

VII. Summary for Federal Registry

Petitioner, Alan Clore, requests an exemption from Federal Aviation Regulations to 

allow commercial operations of small Unmanned Aerial Systems (sUAS) for aerial 

photography and videography for purposes of agricultural crop assessment, land 

surveying, inspection of buildings and structures, real estate, news gathering, UAS 

training and safety, search and rescue, and production of informational and educational 

videos. 

The rules from which exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109

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)
VIII. Attached Document

A Written Letter of Representation for AviaVideo, LLC is attached. 

VIII. Conclusion

Petitioner respectfully submits that the satisfaction of the criteria in Section 333 of the 

Reform Act of 2012 provides adequate justification for the grant of the requested 

exemptions to permit Petitioner to operate sUAS vehicles commercially to provide 

photography and video. Granting the requested exemptions to the Petitioner will benefit 

the public by reducing costs and risk as described herein.

Petitioner respectfully requests a waiver on the 45-day comment period, as this

application is identical in description to other Section 333 Exemptions that have already 

been granted. 

Thanks for your consideration of this petition. If you have any questions or require any 

additional information, please call or email.

Sincerely,

Alan Clore, Manager, AviaVideo, LLC

502-667-0213

ac@aviavideo.com