Ben Hagarty 

BenMadeIt, LLC 

302 N. Division 

Cedar Falls, Iowa 50613 

(319) 239 - 7605 

BenMadeIt@gmail.com

I formally petition the Federal Aviation Administration (FAA) for an exemption from part 

21, subpart H; and Sections 45.23(b), 61.113(a) and (b), 91.7(a), 91.119 (c) 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and 

(b) of Title 14, Code of Federal Regulations (14 CFR). 

Outlined below are the descriptions of the parts, subparts and sections in which I 

request exemptions and my reason for requesting the exemptions. 

Part 21 prescribes the procedural requirements for issuing and changing design 

approvals, productions approvals, airworthiness certificates, and airworthiness 

approvals. 

Section 45.23(b) prescribes 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. 

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a 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 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) 

or (c) of this section, provided each person operating the helicopter complies with any 

routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the 

minimums prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.” 

Section 91.151(a) prescribes that 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 [emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§ 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless the airworthiness certificate 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. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall 

have that aircraft inspected as prescribed in subpart E of the same part and shall, 

between required inspections, except as provided in paragraph (c) of the same section, 

have discrepancies repaired as prescribed in part 43 of the chapter. 

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under § 43.7 of 

the same chapter. 

Section 91.409(a) (2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for the 

issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 
appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include— 

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return 

to service. (2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. (iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date 

when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration 

to the airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

BenMadeIt, LLC’s exemption requests from all listed above are noted below: 

Unmanned Aircraft System: 

BenMadeIt, LLC plans to operate the following UAS, the DJI PHANTOM 2 Vision+ and 

the DJI Phantom 3 Professional, which is comprised of an unmanned aircraft (UA or 

PHANTOM’S). The DJI Phantom 2 vision+ and the DJI Phantom 3 Professional are 

quad-copter’s with a gross weight of about 3 pounds each. Each UA is equipped with 

four rotors that are driven by electric motors which is powered by batteries. The UA’s 

have a maximum airspeed of 30 to 35 mph. 
BenMadeIt, LLC plans to use these UAS in aerial photography and cinematography on 

farming sites, crisis situations with local law enforcement, enhancing real-estate listings 

and other such tasks for businesses in and around the state of Iowa, which could 

benefit from an aerial view for their planning of future expansions and/or advertising of 

their products or business. For most businesses and realtors in the area, standard aerial 

photography has been very cost prohibitive. The economic impact of being able to 

assist these businesses using aerial photography would be substantial. 

The use of this UAS in the above named applications greatly reduces risk to the public 

and property as there is no fuel carried by the PHANTOMS, aircraft noise is greatly 

reduced as opposed to a standard aircraft or rotorcraft both of which require numerous 

passes or extended lengths of hover time to accomplish the same task as the 

PHANTOMS can in only a few minutes. The PHANTOMS only weighs about 3 pounds 

each and are by far a much smaller hazard to persons or property than a standard 

aircraft or helicopter in the event of a catastrophic in-flight failure. 

BenMadeIt, LLC’s main priority is the safety of the public and it’s property.

BenMadeIt, LLC makes the following representations of its operation in which to abide 

by to ensure these exemptions if granted, will provide a level of safety at least equal to 

existing rules: The PHANTOMS will only be operated by, Ben Hagarty, who has 

completed at a minimum, 25 hours of documented flight time using the Phantom 2 

vision+ and will soon have accomplished a minimum of 25 hours of documented flight 

time using the Phantom 3 Professional. All flying hours completed have been as a UAV 

hobbyist, with the focus of:

 . a) Collision avoidance 

 . b) Loss of C2 link procedures as outlined in the Operators manual for the 

Phantom 2 Vision + and soon to be Phantom 3 Professional.

 . c) Identification of inflight hazards i.e. aerial wires, birds in the area, changing 

weather etc. 

 . d) Estimating distance from objects, persons, vehicles and vessels. 

 . e) Communication with the spotter(s) 

 . f) Completed the DJI Phantom 2 vision+ (and soon to be DJI Phantom 3 

Professional) pilot training guide maneuvers and skills. 

 . g) The ability to recognize persons or objects that are not part of the intended 

and permitted part of the project that enter the 500 foot operational area unless 

such persons or objects are deemed permitted by the owner or controller of the 

property or area and the PIC (pilot in command) makes a safety assessment of 

the risk of operating closer and it does not pose undue or significant risk. 
 . h) The ability to quickly and safely land the PHANTOMS in the event of intrusion 

into the safe zone. 

 . 1.) A complete pre flight systematic check by the PIC (pilot in command) of the 

PHANTOMS physical condition, i.e. props, landing gear, position indicator lights, 

battery capacity, battery level of UAV and remote, and overall airframe condition. 

If any of the above are not within the manufacturers minimum standards no flight 

will take place until such time as the issue(s) is repaired to manufacturers 

standards. 

 . 2.) Written documentation of each physical inspection and repairs if any, by the 

PIC (pilot in command) will be kept with the Phantom and will be on-site and 

available for review. 

 . 3.) Software in relation to both PHANTOMS operation will be checked for proper 

function. The most current DJI vision APP/DJI Pilot APP and the current firmware 

will be installed to assure the most up to date safety features. 

 . 4.) Prior to every flight, the compass on the PHANTOMS will be calibrated as to 

ensure precise location. 

 . 5.) BenMadeIt, LLC will ensure the altimeter setting on the PHANTOMS is that of 

AGL (above ground level) rather than GPS or barometric pressure derived 

settings. 

 . 6.) Every safety feature offered through the DJI vision APP/DJI Pilot APP will be 

enabled for every flight, every time. 

Listed are the following safety features:

(6) Enable ground station

(7) Compass calibration 

(8) Low battery auto go home

(9) Dynamic home point

(10) Current RTH (return to home) altitude (AGL)

 (14) Low battery alarm 

 7.) Use of the DJI Ground Station GUI (graphical user interface) 

Of particular interest are the following:

[3] Flight attitude and radar function

[4] Flight parameters-RTH (return to home) altitude, horizontal distance from 

home point, altitude-vertical distance from home point, speed-horizontal flying 

speed.

[6] Flight Battery Level indication

[7} There is a built in preflight checklist within the DJI vision APP/DJI Pilot APP 

which is and will be completed prior to each flight. 
[8] Aircraft GPS Status - BenMadeIt, LLC’s PHANTOMS will not fly with less than 

(7) GPS Satellites available.

[14] Hide or show flight parameters- BenMadeIt LLC’s PHANTOMS will ALWAYS 

fly with parameters displayed in order to assist in maintaining safe distances from 

persons and objects and to adhere to the flight plan. 

 . 8.) BenMadeIt, LLC will operate with a minimum of (1) one, trained spotter for 

every flight. “Trained” meaning familiarization with the PHANTOMS, its abilities 

according to the operators’ manual as well as the abilities of PIC. Spotters will 

participate in documented training developed in-house prior to being allowed on 

the flight line. Training will consist of, at a minimum the following: 

a) The ability to roughly identify minimum distance from objects

b) The ability to quickly recognize unusual flight maneuvers/attitudes of the 

PHANTOMS

c) The ability to communicate with the PIC the visual limitations and to never let the 

PHANTOMS out of the visual capabilities of the PIC and the spotter(s). 

d) The ability to recognize persons or objects that are not part of the intended and 

permitted part of the project that enter the 500 foot operational area unless such 

persons and objects are deemed permitted by the owner or controller of the property 

or area and the PIC makes a safety assessment of the risk of operating at a closer 

range and it does not pose undue or significant risk to those persons or objects. 

e) The ability to accurately describe to the PIC, the orientation of the PHANTOMS in 

relation to the pre-set home point as well as the direction of travel. 

f) The training will take place under strict, safe conditions away from persons or 

large obstacles. I.e. large open fields. 

9.) Prior to each flight, the PIC and the Spotter(s) will perform a pre-flight briefing 

detailing the estimated flight distance, estimated flight level AGL and the goal of the 

particular flight. Each preflight briefing will be documented by the PIC to include flight 

details, pilot name, spotter(s) name, weather details, time and date. 

Written and/or verbal consent will be obtained from the person/business requesting the 

flight. 

A post-flight briefing will also be conducted and documented with the PIC and the 

spotter.

The Documented Pre-flight, the raw pictures and/or the raw video footage as well as the 

post-flight brief and written consent will be kept by BenMadeIt, LLC for a period of at 

least (2) years. 
BenMadeIt, LLC believes that given the size, weight, speed, and limited operating area 

associated with the PHANTOMS, requests an exemption from 14 CFR part 21, Subpart 

H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject 

to certain conditions and limitations, is warranted and meets the requirements for an 

equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 

333). 

BenMadeIt, LLC requests exemption from § 45.23 Marking of the aircraft. The 

PHANTOMS do not have a cabin, does not have a cockpit or a pilot station. Minimum 

sized lettering and wording are difficult to place on the PHANTOMS. BenMadeIt, LLC

will however affix a sticker on the unit which will contain contact information for the 

company in case of aircraft loss. 

BenMadeIt, LLC requests an exemption from §§ 91.405(a), 91.407(a) (1), 91.409(a) (2) 

and 91.417(a) and (b) Maintenance inspections and feel it should be granted since they 

only apply to aircraft with an airworthiness certificate. BenMadeIt, LLC has developed 

maintenance inspections and documentation methods for the PHANTOMS from 

personal experience as well as the manufacturer’s user manuals.

UAS Pilot in Command (PIC) Under § 61.113 (a) and (b) private pilots are limited to 

non-commercial operations. 

BenMadeIt, LLC requests relief from § 91.119(c) because the aircraft will be operated at 

altitudes below 300 feet AGL. Section 91.119(c) states that no person may operate an 

aircraft below the following altitudes: over other than congested areas, an altitude of 500 

feet above the surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. BenMadeIt, LLC will operate pursuant to the following restrictions 

related to § 91.119: 

-Operate in reasonably safe environments that are closely monitored by ground 

assistants and signage placed in locations that would be considered reasonable 

locations for pedestrians, vehicles or vessels to enter the area.

-Within 5 miles of airports and congested areas. Congested areas will be defined by 

VFR charts as well as by contacting the Des Moines, IA FSDO (flight standards district 

office).

- Conduct all operations under BenMadeIt, LLC’s guidelines contained in the operating 

documents and will analyze flight data and other sources of information such as the 

manufacturer’s website to constantly update and enhance safety.

-Contact respective airports if operations will be within 5 miles to advise them of 

estimated flight time, flight duration, elevation of flight and other pertinent information 

deemed important by the airport. 
- Always obtain all necessary permissions prior to operation. Permissions include but 

are not limited to a (COA) and a request for a (NOTAM) as well as permission from the 

property owner or person in control of the property and when practical, will be in writing 

and kept on file for 2 years for review. If it’s not possible to obtain written permission, the 

PIC will document in writing how permission was obtained i.e. phone call with date, time 

and party information. 

BenMadeIt, LLC requests relief from 14 CFR 91.121 Altimeter Settings. BenMadeIt, 

LLC’s PHANTOMS have a barometric altimeter and GPS derived altitude capabilities. 

The FAA requires any altitude reported to ATC to be in feet AGL. BenMadeIt, LLC will 

set the altimeter on the PHANTOMS to zero feet AGL rather than local barometric 

pressure or field altitude before flight. 

BenMadeIt, LLC requests relief from § 91.151 (a) Fuel requirements for flight in VFR 

conditions based on the following: 

No fuel is used in the PHANTOMS as they are battery operated. Batteries have, in our 

experience have about 25 minutes of quality flying time. In the interest of safety, 

BenMadeIt, LLC generally lands with 35% of battery remaining which gives about 15 - 

20 minutes of flying time per battery. The PHANTOMS have an audible battery state 

warning system. BenMadeIt, LLC will always follow the manufactures minimum battery 

warning which is 30% remaining. There is also an on-screen warning of low battery 

reading, ‘Return to Home’ and that message is announced if flight distance has 

exceeded battery capacity. In this event, an emergency landing would be made as soon 

as safe and practical. The PHANTOMS also have an automated function which results 

in immediate landing when a low battery is detected. Researching previous relief 

requests, relief has been granted for manned aircraft to operate at less than prescribed 

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UASspecific relief has been granted in exemption Nos. 8811, 10808, and 10673 for daytime, 

VFR conditions. BenMadeIt, LLC will adhere to all VFR minimums as well as VMC 

conditions when planning and/or executing any flights. There is little purpose for aerial 

video or pictures if the weather is less than desirable. Following VFR minimum 

standards will at least ensure a safe flight. Wind and forecast weather will be a key in 

deciding suitable conditions. Local weather can be attained from the nearest airport by 

using AWOS. No flight will take place in any condition that would potentially be outside 

of the PHANTOMS capabilities in wind. BenMadeIt, LLC will always fly within its 30% 

minimum remaining battery life at its first intended landing point. 

BenMadeIt, LLC will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations. BenMadeIT, LLC will also 

request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to the operation. 

If there are any areas that have not been addressed, please contact me for 

supplemental information. 
Thank you for your time, 

Ben Hagarty 

BenMadeIt, LLC 

302 N. Division 

Cedar Falls, Iowa 50613 

(319) 239 - 7605 

BenMadeIt@gmail.com