To whom it may concern,

In regards to e FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012, Section 

333. I Tim Ellis apply for exemption from the Federal Aviation Regulations to allow me to take pictures of

short videos for commercial purposes using a Small Unmanned Aircraft System . The “sUAS” would be

operated under the conditions outlined established by the FAA under section 333.

I intend to use my sUAS DJI Phantom 2 in conjunction with a Gopro hero 4 to take photos and short 

videos of the following:

1. Trees for the inspection of the health, structure and vigor. To aid in an overall inspection of 

the tree.

2. Real Estate for the advertisement of properties or to do an aerial inspection of properties.

3. Aerial photographs for general inspections of areas that are not easily accessible using other 

means. 

For the reasons stated below I, Tim Ellis, respectfully request the grant of an exemption allowing me to 

operate ultra-light weight, remote controlled UAS’s for commercial aerial photography & videography.

All flights will occur only over private or controlled access property and will do so with the property 

owners’ consent and knowledge and that people who have consented or otherwise have agreed to be in 

the area when flights take place.

I.	Contact	Information

Tim Ellis

12824 Saratoga Glen Ct

Saratoga, CA 95070

tim.ellis@pacbell.net

II.	The	Specific	Sections	of	Title	14	of	the	Code	of	Federal	Regulations	

From	Which	Tim	Ellis Requests	Exemption	are:

14 C.F.R. 21, subpart H; 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(b); 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) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 

91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b)

III.	The	Extent	of	relief	Tim	Ellis seeks	and	the	Reason	He	Seeks	Such	

Relief:
I Tim Ellis will be the pilot in charge of the sUAS. I will not operate my sUAS near airports, hospitals,

restricted airspace or no fly zones. At all times my sUAS will maintain a distance of 50-100 yards away

from any public. My sUAS will be powered solely by a battery opposed. Flight time will be spanning 

from five (5) To fifteen (15) Minutes and at no time will be over an altitude of 400 AGL. Always using a 

fully charged battery would ensure a safe flight. All fights would be based on weather, any adverse 

weather including winds up to and including 10 mph the flight would be canceled. Following all the 

stated guidelines above I plan to keep the safety of any flight as the highest priority.

I have been flying sUAS, powered radio controlled planes and gliders for the past six years, using a 

standard pre-flight inspection process, checking the weather on a FAA approved website and being an 

active hobbyist of sUAS I have the experience, knowledge and skills to reduce the chance of possible 

accidents. By granting of an exception I understand that I will be under significantly more restriction 

than a hobby operator.

IV.	How	will	Tim	Ellis request	benefit	the	Public	As	a	whole:

Aerial photography and videography will the inspection of trees and other real estate easily and safely 

from the ground. Pictures taken from the UAS can be analyzed to determine if additional steps are 

necessary ie sending a climber into a tree for further inspections or remediations. Aerial photography of 

real estate can bring a new prospective to a client.

V.	Reasons	Why	Tim	Ellis’s	Exemption	Will	Not	Adversely	Affect	Safety	Or	

How	The	Exemption Will	Provide	a	Level	of	Safety	At	Least	Equal	To	

Existing	Rule:

By granting I, Tim Ellis this exemption I will create a safer community. With following all the laws and 

regulation and well as adhering to personal rigorous preflight inspections, line of sight flight paths and 

keeping the sUAS at distances that are less than the required minimum I intend to keep safety as my

number one priority.

VI.	A	Summary	The	FAA	May	Publish	in	the	Federal	Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of my, Tim Ellis’s, UAS permits exemption from Part 21 because my UAS meets (and 

exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 
(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from 

the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. I Tim Ellis current UAS's meet or exceed

each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or 

passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a B. safety/flight manual delineating areas of where safety can be 

defined.10 The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable with my sUAS

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and registrations by me, Tim Ellis.

14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. 

My UAS are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on 

which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small 

aircraft with dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in 

the largest possible lettering by placing certificate of aircraft registration number of N583YE on its 

fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter with 

the UAV will see the markings. The FAA has previously issued exemptions to this regulation through 

Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. I, Tim 

Ellis, can achieve an equivalent level of safety as achieved by current regulations because my UAS does 

not carry any pilots or passengers. The full flying weight of the UAS will not exceed 5 pounds. The risks 

attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Tim Ellis, to operate my UAS meet and exceed 

current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be 

operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 

350 AGL; safely below the standard of 400 AGL. I, Tim Ellis will however operate my UAS in safe areas 

away from public and traffic, providing a level of safety at least equivalent to or below those in relation 

to minimum safe altitudes. Given the size, weight, maneuverability and speed of my UAS, an equivalent 

or higher level of safety will be achieved.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.
C.

D.

E.

The above-cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 

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.. . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to my, Tim Ellis’s, UAS.

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The

Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of my UAS permits exemption from Part 21 because my Tim Ellis’s, UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the 

elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that 

involves regular software updates and curative measures for any damaged hardware. Therefore, an 

equivalent level of safety will be achieved.

In summary, Tim Ellis seeks an exemption from the following

Regulations:

14 C.F.R. 21, subpart H; 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(b); 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) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1);

14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417

(a) & (b) to commercially operate my, Tim Ellis, small unmanned

vehicle/lightweight unmanned aircraft vehicle in thereby enhance safety.

Thank you for your time in this matter,

Tim Ellis