May,	5th,	2015

Southeast	Enterprises,	LLC

Attn:	Darian	Williams

P.O.	Box	227

Hazard,	KY	41702

Hon.	Michael	Huerta

Administrator

Federal	Aviation	Administration

U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Re:	Exemption	Request	under	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	Aviation

Regulations	from	certain	parts	of	the	FARs.

Dear	Administrator	Huerta:

Pursuant	to	Section	333	of	the	FAA Modernization	and	Reform	Act	of	2012	(the	Reform	Act)	and	14

C.F.R.	Part	11,	Southeast	Enterprises,	LLC,	a	Kentucky limited	liability	company,	hereby applies	for	an	

exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	it	to operate	a small	

Unmanned	Aircraft	System	(“sUAS”) under	the	conditions	and	limitations	set	forth	in	this	Petition.

The	requested	exemption	would	permit	the	operation	of	small,	unmanned	and	relatively	inexpensive

sUAS	under	controlled	conditions	in	airspace	that	(1)	is	limited,	(2)	is	predetermined,	and	(3)	would

provide	safety	enhancements	to First	Responders	on	the	front	lines in	our	communities.	Approval	of	this

exemption	would	thereby	enhance	safety	and	fulfill	the	FAA	Administrator’s	responsibilities to

“...establish	requirements	for	the	safe	operation of	such	aircraft	systems	in	the	national	airspace

system.”	Section	333(c)	of	the	Reform	Act.

The	name	and	address	of	the	applicant	is:

Southeast	Enterprises,	LLC

Attn:	Darian	Williams

Telephone:	(606)	910-4535

Email:	darianwilliams@gmail.com

Address:	P.O.	Box	227,	Hazard,	KY	41702
Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	21

14	C.F.R.	§ 45.23(b)

14	CFR	§ 61.3

14	C.F.R.	§ 91.7	(a)

14	CFR	§ 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	CFR	§ 91.151	(a)

14	CFR	§ 91.203	(a)	& (b)

14	CFR	§ 91.205(b)

14	CFR	§ 91.215

14	CFR	§ 91.405	(a)

14	CFR	§ 407	(a)	(1)

14	CFR	§ 409	(a)	(2)

14	CFR	§ 417	(a)	& (b)	3

Appendix	1 describes	the	FARs	from	which	an	exemption	is	requested	and	summarizes	the	justification

for	each	requested	exemption.

The	Petition	is	submitted	to	fulfill	Congress’	goal	under	Section	333(a)	through	(c)	of	the	Reform Act,

which	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	rulemaking	required

under	Section	332	of	the	Reform	Act.	In	making this	determination,	the	Administrator	must	determine

which	types	of	UASs	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;	and

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

Reform	Act	§ 333	(a).

If	the	Administrator	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	Secretary	has	delegated	his	aviation	authority	to	the	Administrator	of	the	FAA.

The	Federal Aviation	Act	expressly	grants	the	FAA	the	authority	to	grant	exemptions	from	its	regulatory

requirements	for	civil	aircraft,	a term	defined	under	§40101	of	the	Act,	which	includes	sUASs.	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	the	Federal	Aviation	Act	if	Administrator	finds

the	exemption	in	the	public	interest.	49	U.S.C.	§ 44701(f)	See	also	49	USC	§ 44711(a);	49	USC	§ 44704;

14	CFR	§91.203	(a)	(1).
The	Petitioner	is	a startup	company,	Southeast	Enterprises,	LLC.	The	founder	of	the company	is	a

certificated	Private	Pilot.	Prior	to	starting	Southeast	Enterprises,	LLC,	the	founder	worked	as	a Project	

Manager	for	a	U.S.	Department	of	Justice	Program,	which	sought	to	assist	the	FAA	in	integrating	sUAS	

into	the	public	safety	field.		As	such,	he	participated	in	several	meetings	with	FAA	personnel	to	provide	

input	on	the	safe	and	expedient	integration	of	sUAS	in	the	NAS	for	public	safety	agencies.		He	is	keenly	

aware	of	the	importance	for	safety	in	all	facets	of	operating	a	sUAS	in	the	national	airspace.		

The	Petitioner	has	formulated	a business	plan	to	provide	photo	and	videography	services to	real	estate	

agencies,	media	outlets,	private	companies,	and	local, state	and	federal	entities.	

Under	the	plan,	the	unmanned	aircraft	(UA)	used will	be	a	DJI	Phantom	3	Professional	flying below 400	

feet	above	ground	level	and	never	within	5 miles	of an	airport with	an	operating	control	tower.	

Operations	will	be	conducted	by	a	team	including	the	pilot	in	command	(PIC)	and	a	visual	observer (VO)	

and	will	only	operate	within	the	unaided,	visual	line	of	sight	of	the	PIC	and	VO.	Flights	will	be	only	

conducted	during	daylight	hours	under	VFR	conditions	and	will	not	exceed	limitations	put	in	place	by	the	

manufacturer.	Prior	to	operating	the	UA,	all	pre-flight checks	will	be	conducted	as	per	the	manufacturers	

recommendations.	 Safety	will	be	the paramount	concern	in	defining	flight	profiles.

Petitioner	has	read	the	congressional	mandate	in	sections	332	and	333	of	the	FAA Revitalization	and	

Reform	Act	of	2012	that	the	FAA	move	quickly	to	accommodate	the	economic	and societal	benefits	that	

can	result	from	widespread deployment	of	sUAS	technology. Accordingly,	Petitioner	applies	for	

authorization	under	the	Federal	Aviation	Act	and	the	FARs	to	undertake	the following	activities	for	

commercial	purposes.	Unless	the	Petition	is	granted,	Petitioner	will	be	at	a significant	competitive	

disadvantage	if	it,	as	it	prefers,	complies	with	FAA	policy.

Vehicle

The	Petitioner	will	fly	one	DJI	Phantom	3	Professional equipped	with	a three-axis gimbal	and	camera.

This	vehicle	has the	built	in	capability	to	limit	the	height	it	flies above	the	ground,	to	limit	the radius	of	

the	distance	it	flies from	the	operator,	and	to	exclude	them	from	class	B,	C,	and	D airspace	as well	as	any	

Temporary	Flight	Restricted areas.	The	vehicle	also	has the	built-in	capability	to	return to	the	launching	

point	if	the	wireless	control	link	is	interrupted	or	if	the	operator	attempts	to	exceed	any of	the	height,	

radius,	or	airspace	limitations programmed	into	it.

The	vehicle	weighs	approximately	four	pounds	and	has	a maximum	gross	weight	of	approximately	six

pounds.	It	has	a top	speed	of	approximately	32	mph.	It	has	four	fixed-pitch	rotors,	thrust	from	which	is	

varied	by changing	RPM.	It	is powered	by	a lithium	polymer	smart	battery.
Flight	profiles

The	petitioner	will	program	the	Phantom	so	that	it	will	not	fly	more	than	400	feet	above	ground	level,	or

more	than	1500	feet	away	from	its	operator.	The	PIC will	carefully	conduct	a	preflight	inspection	on	the

UA before	each	mission	to	assure	that	its	compass	and	GPS	system	are	properly	calibrated	and	that the	

return-to-home	feature,	altitude,	and	radius	limitations	work.

It	will	not	operate	in	controlled	airspace.	In	the	unlikely	event	that a manned	aircraft	flies	below	400

feet	AGL	where	the	Petitioner	is	operating	its	Phantom,	the	operator	will	keep	both	the	vehicle	and

manned	aircraft	in	sight	and	avoid	the	manned	aircraft.

Public	interest

Granting	the	petition	would	be	in	the	public	interest because:

1. The	Congress	of	the	United	States	has	determined	that	early	accommodation	of	sUAS	into	the

National	Airspace	System	advances	the	public	interest.	The	Committee	Report	leading	the	House	to

adopt	H.R.	658	said:

"The	successful	integration	of	unmanned	aircraft	systems	(UAS)	into	the	National	Airspace	System	(NAS)

can	support	more	than	23,000	high-paying	jobs	in	the	United	States.	. . . The	absence	of	a plan	to

integrate	UASs	into	the	NAS	is	a barrier	to	such	job	creation	. . . ."1

Granting	the	Petition	represents	a step	toward	such	integration,	in	the	absence	of	a comprehensive

regulatory	regime	for	sUAS,	and	thus	would	serve	the	Congressional	goal	and	the	public	interest.

2. Granting	the	Petition	will	enable	Petitioner	to	demonstrate	the	commercial	viability	of	creating	new

safety	techniques	and	tactics	with	new	aeronautical	technology,	thereby	improving	the	efficiency	of

Emergency	Responders	around	the	world	and	making	for	a safer	society.

The	rules	from	which	Petitioner	seeks	exemption	artificially	and	irrationally	limit	the	effective	use	of	new

technologies	to	expand	Emergency	Response	safety	and	improve	the	efficiency	of	markets,	thereby

subverting	the	public	interest.

3.Granting	the	Petition	will	fulfill	the FAA’s	own	declaration	that	encouraging	new	aviation	technologies

advances	the	public	interest.	The	FAA	itself	has	recognized	the	public	interest	in	its	role	of	"Encouraging

and	developing	civil	aeronautics,	including	new	aviation	technology."2 Granting	the	Petition	will	enhance

FAA	fulfillment	of	that	commitment,	thereby	serving	the	public	interest.	Air	commerce	flourishes in	the	

United	States	because	of	the	rapid	pace	of	innovation	in	aeronautical	and	associated	technologies,

followed	by	their	commercialization	and	their	introduction	into	the	marketplace.	The	UA technology	that	

the	Petitioner	uses	exemplifies	the	latest	innovative	leap	forward	in	aeronautical technology.	Preventing	

it	from	using	this	in	air	commerce	subverts	achievement	of	the	goal.

1.	H. R.	Rep.	112-29	on	H.R.	658,	112th	Cong.,	1st	Sess.	at	116.	The	House-Senate	Conference	Committee	on	the	FAA	Modernization	and

Reform	Act	of	2012	recommended	amendments	to	H.R.	658	in	lieu	of	amendments	adopted	by	the	Senate.	Conference	Report	to	Accompany

H.R.	658,	H.R.	Rep.	112-381,	112th	Cong.,	2d	Sess.,	at	p.	1 (Feb.	1,	2012).
4. Granting	the	Petition	will	fulfill	the	Congressional	determination	that	integrating	sUAS	technology	into

the	NAS	serves	the	public	interest.	Section	330	of	the	FAA	Modernization	and	Reform	Act	of	2012,

specifically	recognizes	the	advantages	to	air	commerce	obtainable	from	the	deployment	of	sUAS

technologies.	It	mandated	several	steps	by	the	FAA	to	accelerate	the	availability	of	these	technologies	in

the	National	Airspace	System, thereby	representing	a congressional	determination	that	the	public

interest is	served	by	making	these	technologies	more	widely	available	at	the	earliest	practicable	date.

The	Petition	represents	a way	for	the	FAA	to	move	incrementally,	while	still	satisfying	its	congressional

mandate	and	meeting	its	obligation	to	enhance	the	public	interest	by	making	new	technologies	available

by	allowing	the	use	of	sUAS	technologies	in	a manner	that	protects	the	public	and	the	rest	of	the	aviation

community	from	significant	risk.

The	commercial	activities	by	Petitioner	proposed	in	the	Petition represent	contributions	to	new	forms	of

air	commerce,	thereby	fulfilling	the	FAA’s	statutory	mandate	under	the	2012	Act.

5. Granting	the	Petition	will	enhance	aviation	safety,	thereby advancing	the	public	interest.	The

Petitioner	has	committed	itself	in the	Petition	to	safety	practices	that	reduce	or	eliminate	hazards	to

aircraft	in	the	National	Airspace	System	and	to	persons	and	property	on	the	ground.	Many	others	are

flying	sUAS	without	regard	to	these	hazards.	Granting	the	Petition	will	offer	the	Petitioner	up	as	an

example	of	how	the	FAA	is	willing	to	accommodate	the	new	technology	when	it	is	constrained	by

appropriate	limitations	to	enhance	safety.	It	will	also	allow	the	Petitioner to	be	a role	model	for	safe

commercial	sUAS	operations.

Users	of	the National	Airspace	System	are	confronted	by	mushrooming	threats	from	sUAS	flown	in

defiance	of	the	FAA’s	ban.	Unless	the	FAA	shows	some	flexibility	to	accommodate	lawful	and	safe

operation	of	sUAS	for	legitimate	commercial	purposes,	the	level	of	defiance will	increase,	intensifying

the	hazards	to	manned	aircraft	and	to	persons	and	property	on	the	ground.

The	Petitioner's	proposed	operations	satisfy	the	criteria	provided	in	Section	333	of the	Reform	Act

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

operation	within	visual	line	of	sight,	and	national	security.	The	Petition	justifies	grant	of	the	requested

exemptions	to	allow	the	Petitioner	to	engage	in	civil	operation	using	a	sUAS.

Respectfully	Submitted,

Darian	Williams

Southeast	Enterprises,	LLC

2 FAA,	Safety:	The	Foundation	of	Everything	We Do,

http://www.faa.gov/about/safety_efficiency/.
FAR	section Subject Justification

14	CFR	§ 45.23(b) Requirement	to	display

registration	number	on	vehicle

Insufficient	space	on	vehicle

14	CFR	Part	21 Aircraft	certification

requirements	and procedures

Designed	for	manned	aircraft;

not	suitable	for	off-the-shelf

sUAS

14	CFR	§ 61.3 Requirement	for	pilot

certificate

Part	61	requirements	designed

for	manned	aircraft,	not	sUAS;

petition	describes	training	for

sUAS	operator

14	CFR	§ 91.7	(a) Airworthiness	requirement Designed	for	manned	aircraft;

not	suitable	for	off-the-shelf

sUAS

14	CFR	§ 91.9	(b)	(2) Requirement	for	manual	to	be

available	in	the	cockpit

No	one	aboard	to	read	manual

14	CFR	§ 91.103(b) Requirement	for	crew

members	to	be	onboard

Unmanned	vehicle

14	CFR	§ 91.109 Requirement	for	dual	controls

during	flight	instruction

No	one	aboard	to	operate

controls

14	CFR	§ 91.119 Minimum	altitudes	for	safe

flight

Safety	requires	operation

below	these	altitudes

14	CFR	§ 91.121 Altimeter	settings No	one	aboard	to	read

altimeter

14	CFR	§ 91.151(a) Fuel	requirements Vehicle	does	not	use	fuel

14	CFR	§ 91.203	(a)	& (b) Requirement	for	registration

and	airworthiness	certificates

to	be	onboard

No	one	aboard	to	read

certificates

14	CFR	§ 91.205(b) Cockpit	instruments No	one	aboard	to	read

FAR	section Subject Justification

14	CFR	§ 45.23(b) Requirement	to	display

registration	number	on	vehicle

Insufficient	space	on	vehicle

14	CFR	Part	21 Aircraft	certification

requirements	and	procedures

Designed for	manned	aircraft;

not	suitable	for	off-the-shelf

sUAS

14	CFR	§ 61.3 Requirement	for	pilot

certificate

Part	61	requirements	designed

for	manned	aircraft,	not	sUAS;

petition	describes	training	for

sUAS	operator

14	CFR	§ 91.7	(a) Airworthiness	requirement Designed	for	manned	aircraft;

not	suitable	for	off-the-shelf

sUAS
14	CFR	§ 91.9	(b)	(2) Requirement	for	manual	to	be

available	in	the	cockpit

No	one	aboard	to	read	manual

14	CFR	§ 91.103(b) Requirement	for	crew

members	to	be	onboard

Unmanned	vehicle

14	CFR	§ 91.109 Requirement	for	dual	controls

during	flight	instruction

No	one	aboard	to	operate

controls

14	CFR	§ 91.119 Minimum	altitudes	for	safe

flight

Safety	requires	operation

below	these	altitudes

14	CFR	§ 91.121 Altimeter	settings No	one	aboard	to	read

altimeter

14	CFR	§ 91.151(a) Fuel	requirements Vehicle	does	not	use	fuel

14	CFR	§ 91.203	(a)	& (b) Requirement	for	registration

and	airworthiness	certificates

to	be	onboard

No	one	aboard	to	read

certificates

14	CFR	§ 91.205(b) Cockpit	instruments No	one	aboard	to	read