Vincent Oddo, 

c: +1 540 641 3120

vincent@vt.edu

Elliot Berman

c: +1 703 863 7564

May 18, 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 and Part 11 of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 61.113(a) 

& (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & 

(b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

Dear Sir or Madam, 

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

Reform Act) and 14 C.F.R. Part 11, Custom Aerial Media, operators of Small Unmanned 

Aircraft SYSTEMS (“UAS”) equipped to conduct aerial photography and cinematography 

for commercial and residential real estate and closed-set special events, hereby applies 

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its UAS, so long as such operations are conducted within and 

under the conditions outlined herein or as maybe established by the FAA as requires by 

Section 333. 

As described more fully below, the request exemption would permit the 

operation of small, unmanned, and redundant UAS under controlled conditions in 

airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would 

provide safe operations and affordability to the existing real estate and closed-set special 

event industries currently using conventional aircraft. Approval of this exemption would 

thereby enhance safety, promote industry growth and fair competition through 

affordability of aerial photography and cinematography and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “... establish requirements 

for the safe operation of such aircraft systems in the national airspace system.” Section 

333 of the Reform Act.
The name and address of the applicant is: 

Custom Aerial Media

Attn: Vincent Oddo

Ph: 540-641-3120

Email: customaerialmedia@gmail.com

Address: P.O. Box 293 Blacksburg, Virginia 24060

Regulations from which the exemption is requested: 

 14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 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 C.F.R. 91.151 (a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a) 

14 C.F.R. 407 (a) (1) 

14 C.F.R. 409 (a) (2) 

14 C.F.R. 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. This law 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 rule making 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UAS 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

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

Reform Act § 333 (a). Lastly, if the Secretary 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.” Id. §333(c). 
The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, as the 

term is defined under §40101 of the Act, that includes UAS, 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 U.S.C. 

§44701(f) See also49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

Custom Aerial Media proposes to use two UAS; 1DJI Inspire 1.This aircraft has 

four rotors and four motors in a quadcopter configuration (X4). 2) DJI PHANTOM 2 

Vision +. This aircraft has four rotors and four motors in a quadcopter configuration 

(X4). Both UAS weigh less than 55 lbs. including payload. They operate, under normal 

conditions at a speed of no more than 50 knots and have the capability to hover, and 

move in the vertical and horizontal plane simultaneously. Both UASs are equipped with 

GPS and auto-return function to the predetermined safe landing area as well as allowing 

reading of magnetic interference that can cause loss off GPS signal. The UAS will 

operate only in line of sight and will operate only within a sterile closed-set area of a 

residential or commercial listing or a closed-set special event. Such operations will 

insure that the UAS 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 UAS involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UAS to commence immediately. Also due 

to the size of the UAS and the restricted areas in which the relevant UAS will operate, 

approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, and 

the significant public benefit, including enhanced safety, reduction in environmental 

impacts, including reduced emissions associated with allowing UAS for movie and 

television operations, the grant of the requested exemptions is in the public interest. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

Custom Aerial Media proposes that the exemption requested herein apply to 

civil aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level of safety 

to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe aerial photography and 
cinematography filming operations conducted with conventional aircraft. 

These limitations and conditions to which Custom Aerial Media agrees to be 

bound when conducting commercial operations under an FAA issued exemption 

include: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes or less. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

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

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

5. Minimum crew for each operation will consist of the UAS Pilot in Command (PIC), 

the Visual Observer/Camera Operator. 

6. UAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in 

an aircraft in which the Pilot is rated on his or her pilot certificate. 

7. The UAS will only operate within a confined sterile closed-set area with a set 

safety perimeter, the boundaries of which will be determined by production personnel 

and the UAS PIC based on the site-specific filming activities and speed of the UAS

required for the operation, and coordinated with the jurisdictional FAA FSDO and local 

government officials as applicable. 

9. A briefing will be conducted in regards to the planned UAS operations prior to each 

day’s production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

10. The UAS PIC and/or Aerial Coordinator will ensure this safety perimeter that only 

consenting production personnel will be allowed within 100 feet of the UAS operation 

by not permitting anyone who had not been briefed or whom is not involved in 

production to be in the closed-set area. 

11. Observer and PIC will at all times be able to communicate by voice and/or two way 

radio communication system. 

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

obtained. 

13. If applicable, all required permissions and permits will be obtained from 

territorial, state, county or city jurisdictions, including local law enforcements, fire, or 

other appropriate governmental agencies. 

14. If the UAS loses communications or loses its GPS signal, the UAS will have 

the capability to return to a pre-determined location within the Security Perimeter 

and land safely. 

15. The UAS will have the capability to abort flight in case of unpredicted obstacles 

or emergencies. 

 

 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, 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 the Applicant, 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. In all cases, an analysis 

of these criteria demonstrates that the UAS 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 (fixed wing or rotorcraft) operating 

with an airworthiness certificate without the restrictions and conditions proposed. 

 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

 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. 

Even though the UAS will have no airworthiness certificate, an exemption may 

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word “experimental” can be placed. Given the size of the UAS, two inch 

lettering will be impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.92 (f) where the pilot, observer and others working with the 

UAS will see the identification of the UAS as “Experimental”. The FAA has issued the 

following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

10167A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: 

Pilot in Command. 

 
Custom Aerial Media PICs will be FAA Commercially rated pilots with a second class 

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

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s 

license to operate this small UAS. Unlike a conventional aircraft that carries the pilot 

and passengers, the UAS is remotely controlled with no living thing on board. The area 

of operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Manual. The level of safety provided by the requirements 

included in the Manual exceeds that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. The risks associated with the 

operation of the UAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing operations 

of the UAS 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). 

14 C.F.R. §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. Given the size of the aircraft and the requirements contained in the 

Manual for maintenance and use of safety check lists prior to each flight, as set forth in 

Sections J, L and Q, an equivalent level of safety will be provided. 

14 C.F.R. § 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 UAS, 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 flight manual at the ground control point 

where the pilot flying the UAS 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. 
14 C.F.R. § 91.103: Preflight action 

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

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. An equivalent level of safety will 

be set forth by the pre-flight checklist as set forth in the Flight Operations Manual. The 

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

and takeoff distances, aircraft performance data and setting the pre-determined safe 

landing area in case of loss of GPS communication before initiation of flight.

14 C.F.R. §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. UAS and remotely piloted aircraft, by their design 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 FAA has 

approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A.The equivalent level of safety provided by the fact that neither a 

pilot nor passengers will be carried inthe aircraft and by the size and speed of the 

aircraft. 

 

14 C.F.R. §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 UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, 

or not more than 200 above an elevated platform from which filming is planned, an 

exemption may be needed to allow such operations. The UAS will never operate at 

higher than 400 AGL. It will however be operated in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their 

pre-obtained consent. 

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

UAS 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 and participants in the filming activity, 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 aerial 
photography and cinematography industry. In addition, the low- altitude operations of 

the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. 

 

14 C.F.R. §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 UAS 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 operator, pursuant to 

the Pre Flight Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 

14 C.F.R. § 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 UAS provides approximately 40 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on the 

UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable. 

Custom Aerial Media believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small 

UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, 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. Additionally, limiting UAS flights to 

10 minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power whichever happens first. This restriction 

would be more than adequate to return the UAS to its planned landing zone from 

anywhere in its limited operating area. 
Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 C.F.R. §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 UAS fully loaded weighs no more than 55lbs 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 UAS. 

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

ground control point where the pilot flying the UAS will have immediate access to them, 

to the extent they are applicable to the UAS. The FAA has issued numerous exemptions 

to this regulation.A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §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 section and Part 43 apply only 

to aircraft with an airworthinesscertificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. 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 UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, 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. 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication 

in the Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & 

(b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

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

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (55lbs or less) in aerial photography and cinematography 

for residential and commercial real estate and closed-set special events. 

Approval of exemptions allowing commercial operations of UAS for aerial 

photography and cinematography for real estate and close-set special events will 

enhance safety by reducing risk. Conventional real estate aerial photography and 

cinematography use jet or piston powered aircraft, which carry large amounts of 

combustible fuel posing increased risk. Conversely, UAS carry no combustible fuel, 

weigh only 55 lbs. or less comparatively to 3,000+ lbs. of a conventional aircraft, are 

much more easily maneuverable and do not ferry to and from the production location. 

Additionally, flying at or below 400 AGL UAS will be no factor with fixed wing and 

rotor wing aircraft. 

The operation of small UAS, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with traditional aircraft 

which pose a safety risk. There are no personnel on board the UAS and therefore the 

likelihood of death or serious bodily injury is significantly diminished. All flights will 

occur over private or controlled access property with the property owner’s prior 

consent and knowledge. Filming will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take place. Custom 

Aerial Media will provide an equivalent or better level of safety as that achieved under 

the current FAR’s. 

Custom Aerial Media respectfully request that the FAA grants the exemption 

request. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--

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

operation within visual line of sight and national security – provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of 
applicant’s UAS in aerial photography and cinematography for the real estate industry 

and close-set special events pursuant to the Manuals appended hereto. 

Sincerely,

Vincent	Oddo

Custom	Aerial	Media

Co-owner

Elliot	Berman

Custom	Aerial	Media

Co-owner