August 13, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

This petition is being submitted on our behalf without legal counsel or consulting 

services. 

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

Reform Act), and 14 C.F.R. Part 11, Silicon Beach CRE, a full service video 

production company, hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft 

System (sUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the 

conditions outlined herein or as may be established by the FAA as required by 

Section 333.

The requested exemption would permit Silicon Beach CRE to pursue its commercial 

interests in providing services to clients using a small advanced sUAV in the 

following areas:

 Real Estate

 Marketing

 Surveying

 Industrial Surveying

 Special Events

Silicon Beach CRE states that all sUAS flights will occur over private or controlled 

access property will do so with the property owner’s consent and knowledge and 

that only people who have consented or otherwise have agreed to be in the area 

where videography will take place.
Regulations from which 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. 91.109

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. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. 91.401 – 91.417

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an 

aerial video gathering platform due to the smaller devices cheaper equipment and 

personnel cost, reduced noise and as such, a much smaller environmental impact 

which promotes public safety.

Silicon Beach CRE is petitioning for an exemption to operate a DJI Phantom 2 Vision 

Plus with a built-in stabilized HD camera and GPS safety features which limit its 

ability to limit the height it flies above ground level (AGL), to limit the radius of the 

distance it flies from the operator and to exclude it from operations within 

designated Class B, C and D airspace including a no-fly zone feature. 

The DJI Phantom 2 Vision Plus also has a failsafe function that is triggered in the 

event communication is lost between the sUAS and the main controller transmitter. 

At that time, the sUAS will return to its point of takeoff and land safety. If the 

connection is restored, the PIC can regain control of flight and land manually.

These specifications meet with the Model Aircraft Operating Standards as set below:

 The petitioner will only operate its sUAS in line-of-sight of a pilot and/or

observer and will operate at sites that are ‘sufficient distance’ from populated

areas within the sterile area described in the FOPM. Such operations will 

ensure that the sUAS will “not create a hazard to users of the national 

airspace system or the public.”

 When flying the sUAS within five (5) miles of an airport, airport operators will

be notified and the operator will give the right-of-way to avoid flying in the

proximity of full-scale aircraft.

 Maximum flight time for each operation will be 30 minutes.
 Maximum flight height for each operation will be limited to a maximum 

altitude of 200 feet 

 Flights will be terminated when battery levels reach 25%, allowing sufficient

reserve flight time to safely land the sUAS.

 The sUAS will be programmed so it will not be operated at an altitude that

exceeds 200 feet AGL, and not more than 200 feet above an elevated 

platform from which videography is planned.

 Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS

observer, and the camera operator.

 The sUAS operated by the petitioner weighs less than 25 pounds, including 

all payload (i.e. camera, lens, and stabilized gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can hover, and 

can simultaneously move vertically and horizontally.

Given the small size of the sUAS and the restricted sterile environment within which 

it will operate, Silicon Beach CRE’s operations adhere to the Reform Act’s safety 

requirements.

The pilot for Silicon Beach CRE has high regard for safe operations with an 

understanding of FARs, preflight inspections, knowledge of operations and 

differences in airspace classifications, maintenance and repair, as well as being 

trained to sUAS safety standards.

Under the requested exemption, Silicon Beach CRE ensures all operators have 

completed sUAS education and training programs including all applicable 

regulations and guidance documents; including aeronautical background 

information such as charts, NOTAMS and Aircraft Circulars; Radio Communications 

Procedures; Human Factors and Crew Resource Management; Basic sUAS 

Aerodynamics; Weather factors; Airmanship and Decision-making and Safe 

Operations Procedures.

We respectively request exemption under Section 333 to enable Silicon Beach CRE

to operate efficient, limited, low-risk commercial sUAS operations for the activities 

stated respecting at all times the space and privacy of citizens and property while 

keeping airspace safe.

Sincerely submitted,

Kevin Wittig

Silicon Beach CRE

12121 Wilshire Blvd

Los Angeles, CA 90025

307-413-7054
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Silicon Beach CRE requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the sUAV 

System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, we request an experimental certificate be issued for the DJI Phantom 2 Vision Plus 

under either, or both, of the following provisions: 21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes:

(a) Research and development. 

Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new 

aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. 

Conducting flight tests and other operations to show compliance with the airworthiness 

regulations including flights to show compliance for issuance of type and supplemental type 

certificates, flights to substantiate major design changes, and flights to show compliance 

with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market 

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well. The aircraft will not 

carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. 

Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic , 

we propose that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 14 CFR 

Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing 

the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. 

The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and 

may not have a registration number assigned to it by the FAA. We propose t o achieve an 

equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top 

of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft 

while it is preparing for launch will be able to see the designation. Additionally, we feel that 
the permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground station a 

high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in 

letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial 

pilot privileges and limitations.

The regulation provides that no person who holds a Private Pilot certificate may act as pilot 

in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot 

to 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. Our 

proposed operations require that the PIC must hold at least a Private Pilot Certificate 

issued by the FAA and since the aircraft cannot carry passengers or property, we feel 

we meet the intent of 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

14 CFR 91.7 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 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft.

We request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The sUAS System 

ground-based control station consists of a hand-held radio transmitter and while it does not 

offer a second set of "controls", both the student and instructor can, and will, operate the 

single set of controls simultaneously. With both student and instructor having "hands-on" 

the controls during flight, this technique meets the intent 91.109 and provides an equivalent 

level of safety.
91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of 

the sUAS would be photography or survey of persons, vessels vehicles or structures it w ould 

be necessary to operate closer than 500 feet to the items listed. Operations will only be 

flown over property or persons where permission has been obtained and careful pre-planned 

has been performed. The aircraft will be operated at a low altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles 

and structures is minimal compared to manned aircraft, which should be considered in 

granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fl below 200 

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under dayvFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. 

The sUAV is battery operated and the maximum duration of flight from a single battery 

charge is 12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM 

from the point of intended landing, a full battery charge at launch will ensure that we meet 

the reserve energy requirement of this paragraph. We request an exemption to the word 

"fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." 

At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry documentation, 

does not have an entrance, and is not capable of carrying passengers or crew. To obtain an 

equivalent level of safety and meet the intent of 91.203, we propose that documents 

deemed appropriate for this aircraft by the FAA will be co-located with the crew at the 

ground control station and available for inspection upon request. In order to identify the 

aircraft, we propose that the information found on airworthiness and registration certificates 
be permanently affixed to the aircraft via placard containing the following information plus 

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized 

under 43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft 

is in an airworthy condition prior to every flight and in addition conduct detailed inspections 

after every two hours of flight. Maintenance performed by the PIC is limited to repairing 

small cracks, replacing a propeller, checking electrical connections and updating software 

and firmware for the on-board computer. 

All other maintenance will be performed by the manufacturer or their designated repair 

facility. The PIC will document work performed in accordanc e with 91.417. We feel that due 

to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent 

level of safety.