March 07, 2016 

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE Washington, DC 20590 

Leland Eugene Batten Jr. Petition for Exemption to Operate Small Unmanned Aircraft Systems 

FAA Regulatory Docket 

NAME AND ADDRESS OF PETIONER 

Name: Leland Eugene Batten Jr.

Address: 1988 Old Buies Creek Rd, Angier, NC 27501

Telephone: 919-815-8222 

Email: gbatten@charter.net

Dear Madam or Sir: 

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), Leland 

Eugene Batten Jr. (the "applicant"), seeks an exemption from the Federal Aviation Regulations ("FARs") to allow 

for commercial operation of one or more Small Unmanned Aircraft Systems (sUAS) for the purposes of aerial 

imaging, photography, videography and other activities listed herein. 

BACKGROUND 

Leland Eugene Batten Jr has held an FAA issued Airmen Certificate (Private Pilot) since 1992. He has 

demonstrated the ability to safely and effectively fly the sUAS DJI Inspire 1 and DJI Phantom 3 Professional which 

will be used for the described commercial activities. He is familiar with local ordinances and laws regarding the 

operation of sUAS, and with all FAA regulations regarding sUAS flights and general aviation aircraft. He is a 

member of the Harnett County Airport Advisory Committee (North Carolina). This committee provides input and 

advice to the Harnett County Board of Commissioners regarding managment of the Harnett Regional Jetport 

(KHRJ) and local aviation related ordances and regulations. 

Applicant seeks the requested exemptions and a Certificate of Authorization to permit applicant to offer ondemand commercial sUAS services for a variety of industries and applications including: 

• Aerial photography and/or videography for public and/or private use including real estate, architecture, 

land surveying, engineering, public events, landscape cinematography, news and media imaging, and 

other related professional activities.

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

local government authority. 

• Aerial video/photography or providing live video feed to assist with search, rescue, and damage 

assessment operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 
• Wildlife and forestry monitoring 

• Educational and research operations 

This applicant requests exemptions from applicable FAA 14 CFR regulations to the extent required to perform the 

activities described in this exemption request. In similar exemption requests, exemptions were granted for the 

following:

14 CFR §§ 61.23(a) and (c),

 61.101(e)(4) and (5), 

61.113(a), 

61.315(a), 

91.7(a), 

91.119(c), 

91.121, 

91.151(a)(1), 

91.405(a), 

91.407(a)(1), 

91.409(a)(1) and (2), and 

91.417(a) and (b), 

It is the applicants's understanding that the FAA has issued grants of exemption to applicants with circumstances 

similar in all material respects in the following: Exemption Nos. 15080 to In Motion Productions Inc. (see Docket 

No. FAA-20015-5890), 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see 

Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), 11213 to Aeryon 

Labs, Inc. (see Docket No. FAA−2014−0642), and 12645 to Allied Drones (see Docket No. FAA-2014-0804). The 

FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by 

the applicant and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, 

carrying crew in addition to flammable fuel, gave the FAA good cause to find that the UAS operation enabled by 

that exemption was in the public interest. 

Exemptions requested in this petition appear to be similar in all material respects to the following Grants of 

Exemption: 15080, 11062, 11109, 11112, 11213, and 12645; 

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

normal conditions they operate at speeds up to about 45 Mph or 39 Knots and have the ability to hover or 

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

only obeying all local and federal laws. Given the small size of the sUAS 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. 

REQUESTED CONDITIONS AND LIMITATIONS

This applicant agrees to comply with the following conditions and limitations or as defined by the 

Administrator if an exemption is granted. 

1. Operations will be limited to the DJI Inspire 1 and Phantom 3 Professional when weighing less than 55 

pounds including payload. 
2. Operations for the purpose of closed-set motion picture and television filming are not requested in this 

petition. 

3. The sUAS will not be operated at a speed exceeding 87 knots (100 miles per hour). The applicant will use 

either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no 

case will the sUAS operated at airspeeds greater than the maximum operating airspeed recommended by the 

aircraft manufacturer. 

4. The sUAS will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude will 

be reported in feet AGL. 

5. The sUAS will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will use 

human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate or U.S. driver’s license. 

6. All operations will utilize a visual observer (VO). The sUAS will be operated within the visual line of sight 

(VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the 

PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times; 

electronic messaging or texting will not be used during flight operations. The PIC will be designated before the

flight and will not transfer his or her designation for the duration of the flight. The PIC will ensure that the VO

can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the sUAS and conduct its operations in accordance with

the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating 

documents. The operating documents will be accessible during sUAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and limitations granted via 

exemption and the procedures outlined in the operating documents, the conditions and limitations defined in the

exemption take precedence and will be followed. Otherwise, the operator will follow the procedures as 

outlined in its operating documents. The operator may update or revise its operating documents. The operator 

will track such revisions and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator will also present updated and revised documents if petitions 

for extension or amendment to this grant of exemption are requested. If the operator determines that any 

update or revision would affect the basis upon which the FAA granted this exemption, then the operator will 

petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) will be 

contacted if questions arise regarding updates or revisions to the operating documents. 

8. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight 

characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to 

conducting further operations under this exemption. Functional test flights will only be conducted by a PIC 

with a VO and will remain at least 500 feet from other people. The functional test flight will be conducted in 

such a manner so as to not pose an undue hazard to persons and property. 

 9. The operator accepts responsibility for maintaining and inspecting the sUAS to ensure that it is in a 

condition for safe operation. 

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the sUAS is in a condition 

for safe flight. The pre-flight inspection will account for all potential discrepancies, e.g., inoperable 

components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the 

sUAS, the aircraft will not be flown until the necessary maintenance has been performed and the sUAS is 

found to be in a condition for safe flight. 
 11. The operator will follow the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and 

life limit requirements for the aircraft and aircraft components. 

12. Each sUAS operated under this exemption will comply with all manufacturer safety bulletins. 

13. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. 

The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

14. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the

sUAS in a manner consistent with how the sUAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. 

PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). 

Training operations will only be conducted during dedicated training sessions. During training, proficiency, 

and experience-building flights, all persons not essential for flight operations will be considered 

nonparticipants, and the PIC will operate the UA with appropriate distance from nonparticipants in accordance 

with 14 CFR § 91.119. 

15. sUAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) will

not be performed. 

16. The sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the 

current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport

symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that 

airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter 

of agreement with the airport management will be made available to the Administrator or any law enforcement 

official upon request. 

17. The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or 

when visibility is less than 3 statute miles from the PIC. 

 18. Tethered sUAS operations will not be conducted by this applicant. 

19. If the sUAS loses communications or loses its GPS signal, the sUAS will return to a pre-determined 

location within the private or controlled-access property. 

20. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 

21. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough 

available power for the sUAS to conduct the intended operation and to operate after that for at least 5 minutes 

or with the reserve power recommended by the manufacturer if greater. 

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations will be 

conducted in accordance with an ATO-issued COA. The applicant will apply for a new or amended COA if he 

intends to conduct operations that cannot be conducted under the terms of the applicable COA. 

23. All aircraft operated by this applicant in accordance with this exemption, if granted, will display sUAS 

Certificate Number FA3HWK7A33 in accordance with 14 CFR part 45, Subpart C. Markings will be as large 
as practicable. 

24. Documents used by the operator to ensure the safe operation and flight of the sUAS and any documents 

required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the 

sUAS any time the aircraft is operating. These documents will be made available to the Administrator or any 

law enforcement official upon request. 

25. The sUAS will remain clear and give way to all manned aviation operations and activities at all times. 

 26. The sUAS will not be operated by the PIC from any moving device or vehicle. 

27. All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles,

and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the sUAS and/or 

debris in the event of an accident. The operator will ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of 

the sUAS, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons;

and 

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to 

those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard. 

28. All operations will be conducted over private or controlled-access property with permission from the 

property owner/controller or authorized representative. Permission from property owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS−80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov. 

Thank you for your time in reviewing and considering my Section 333 Exemption petition. 

Sincerely, 

Leland E. Batten Jr.