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 CFR Part 21;14 CFR

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).	

To	Whom	It May Concern:

In	pursuant	with	Section	333 of the FAA Modernization and Reform Act

Of 2012 and 14 C.F.R. Part 11, David	Welch	Photography (DWP),	an operator of a

small Unmanned Aircraft System (sUAS) for the motion picture and television

industry, seeks an exemption from the Federal Aviation Regulations (FARs) to

allow commercial operations of its sUAS. Regulations ("FARs") to allow

commercial operation of its sUASs, so long as such operations are conducted

within and under the conditions outlined herein or as may be established by the

FAA as required by Section 333.

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

operation of small, unmanned and relatively inexpensive sUAS under controlled

conditions in airspace that is limited, predetermined, controlled as to access

and would provide safety enhancements to the already safe operations in the

film and television industry presently using conventional aircraft. Approval	of

this exemption would thereby enhance safety 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(c) of the Reform Act.

Information	Supporting	this Petition as Specified in 14 C.F.R. §11.81

(a) Your	name and mailing address and, if you wish, other contact information such as 		

a fax number, telephone number, or e---mail address;

David	Welch	Photography

David	Welch

PO	BOX	1462

Edgartown,	MA	02539

(508)	939-3438

Email:	mail@dwpmv.com

(b) The specific section or sections of 14 C.F.R. from which DWP seeks an

exemption

• 21---	Subpart	H	Certification procedures for products and parts, Airworthiness

Certificates

• 45.23 ---	Display	of	marks;	general
• 61.113---	Private pilot privileges and limitations: Pilot in command

• 91.103---	Preflight	Actions • 91.105---	Flight crewmembers at stations

• 91.109---	Flight	instruction; Simulated instrument flight and certain flight tests

• 91.119---	Minimum	safe altitudes: General

• 91.121--- Altimeter settings

• 91.151---	Fuel	requirements for flights in Visual Flight Rules (VFR) conditions

• 91.203 ---Civil	aircraft: certification required

• 91.405---	Maintenance required

• 91.407---	Operation	after maintenance, preventative maintenance, rebuilding,	

and alteration

• 91.409 ---Inspections

• 91.417 ---	Maintenance records

(c)	The extent of relief DWP seeks, and the reason DWP seeks the relief DWP

seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and

91 to the extent to operate small UASs to record aerial video for

cinematographic purposes.

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 rulemaking required under Section 332 of the Reform Act.	

In making this determination, the Secretary is required to 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). 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"

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 sUASs,	

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 also 49 USC §44711(a); 49 USC §44704;

14CFR§91.203 (a) (1).

14 C.F.R. 21 ---	Subpart H Certification procedures for products and parts,

Airworthiness Certificates

DWP seeks exemption from 14 C.F.R. 21, Subpart H which states the	

certification procedures for products and parts as well as airworthiness	

certificates.

The sUAS to be operated hereunder are	models;	3DRobotics Solo,	DJI	Phantom3,	

DJI	Inspire	1.

All	sUAS	are less than 55 lbs. fully loaded, carries neither a pilot nor passenger,	

carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured,	pre---planned area. Unlike other civil aircraft,	

operations under this exemption will be tightly controlled and monitored by	

both the operator	and under the requirements and in compliance with local

public safety requirements, to provide security for the area of operation as is	

now done with conventional filming. The	FAA will have advance notice of all	

operations. These	safety enhancements, which already apply to civil aircraft	

operated in connection with motion picture and television production, provide	

a greater degree of safety to the public and property owners than

conventional operations conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly,	application of these same criteria

demonstrates that there is no credible threat to national security posed by the

UAS, due to its size, speed of operation, location of operation, lack of	

explosive materials or flammable liquid fuels, and inability to carry a	

substantial external load. Unlike	other civil aircraft, operations under this	

exemption will be tightly	controlled	and	monitored	by both the operator	and	

under the requirements and in compliance with local public safety	

requirements, to provide security for the area of operation.

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

DWP seeks exemption from 14 C.F.R. 45.23, which discusses the display of	

marks. Specifically, section 45.23 states, "(a) each operator of an aircraft must	

display on that aircraft marks consisting of the Roman capital letter "N"	

(denoting United States registration) followed by the registration number of	the

aircraft. Each suffix letter used in the marks displayed must also be a

Roman capital letter (b) 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". DWP will need exemption from this regulation	

due to the small size of the aircraft and that there is no cabin, cockpit, or	pilot

station for the aircraft. The FAA has issued the following exemptions to	this

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

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

Pilot in Command.

DWP seeks exemption from 14 C.F.R. 61.113, which discusses private pilot	

privileges and limitations for the Pilot in command (PIC). DWP is seeking	

exemption from this regulation, because DWP believess that there is	

inconclusive evidence that a person with a private pilot certificate can	

successfully maneuver a sUAS without first hand flight experience with the	

particular sUAS. In fact, having a private pilot license does not automatically	

ensure competence at flying an sUAS in 3rct person view as required to	

properly operate an sUAS within the required line of sight. Therefore, we	

believe our own flight training with the sUAS will be more than satisfactory.

14 C.F.R. 91.103 ---	Preflight Actions

DWP seeks exemption from 14 C.F.R. 91.103 which states that each pilot in	

command shall, before beginning a flight, become familiar with all available	

information concerning that flight. This information must include: (a) For a	

flight under IFR or a flight not in the vicinity of an airport, weather reports	

and forecasts, fuel requirements, alternatives available if the planned flight	

cannot be completed, and any known traffic delays of which the pilot in	

command has been advised by ATC; actions, including reviewing weather,	flight

battery requirements, landing and takeoff distances, and aircraft	performance

data before starting a flight. DWP will be operating our sUAS in	VFR. Our	sUAS	

include	a factory	manual and preflight procedures directly	pertaining to our

sUAS which includes equipment checklist as well a preplanning details

regarding weather conditions, review of any possible flight	path of general

aviation, our mission flight path and weather conditions	amongst other

parameters required to complete the mission.

14 C.F.R. 91.105 --- Flight crew	members at stations

DWP seeks exemption from 14 C.F.R. 91.105, which discusses flight	

crewmembers at stations. Specifically, 91.105 states "(a) During takeoff and	

landing,	and while en route, each required flight crewmember shall (1) Be at	

the crewmember station unless the absence is necessary to perform duties in	

connection with the operation of the aircraft or in connection with	physiological

needs; and (2) Keep the safety belt fastened while at the	crewmember station.

(b) Each required flight crewmember of a U.S.---registered	civil aircraft shall,

during takeoff and landing, keep his or her shoulder
harness fastened while at his or her assigned duty station. This paragraph	does

not apply if (1) The seat at the crewmember's station is not equipped	with a

shoulder harness; or (2) The crewmember would be unable to perform	

required duties with the shoulder harness fastened. DWP will need exemption	

from this regulation due to the fact that the sUAS will not have a flight crew	

or crew stations other than the PIC and a FOVO. The PIC will also not have

to be restrained into a seat via shoulder harness or safety belt at the time of	

the flight.

14 C.F.R. 91.109---	Flight instruction; Simulated instrument flight	

and	certain flight	tests

DWP seeks exemption from 14 C.F.R. 91.109, which discusses flight instruction,	

simulated instrument flight, and certain flight tests. Specifically, 91.109 states	

"(a) 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. However, instrument flight instruction may be given	

in an airplane that is equipped with a single, functioning throw over control	

wheel that controls the elevator and ailerons, in place of fixed, dual controls,	

when (1) The instructor has determined that the flight can be conducted	

safely; and (2) The person manipulating the controls has at least a private	pilot

certificate with appropriate category and class ratings. (b) An airplane	equipped

with a single, functioning throw over control wheel that controls the	elevator

and ailerons, in place of fixed, dual controls may be used for flight

instruction to conduct a flight review required by §61.56 of this chapter, or to	

obtain recent flight experience or an instrument proficiency check required by

§61.5 7 when (1) The airplane is equipped with operable rudder pedals at

both pilot stations; (2) The pilot manipulating the controls is qualified to	serve

and serves as pilot in command during the entire flight; (3) The	instructor is

current and qualified to serve as pilot in command of the	airplane, meets the

requirements of §61.195(b ), and has logged at least 25	hours of pilot---in---

command flight time in the make and model of airplane; and	( 4) The pilot in

command and the instructor have determined the flight can	be conducted

safely. (c) No person may operate a civil aircraft in simulated	instrument flight

unless (1) The other control seat is occupied by a safety	pilot who possesses

at least a private pilot certificate with category and class	ratings appropriate

to the aircraft being flown. (2) The safety pilot has	adequate vision forward

and to each side of the aircraft, or a competent	observer in the aircraft

adequately supplements the vision of the safety pilot; and (3) Except in the case

of lighter---	than---air aircraft, that aircraft is equipped with fully functioning

dual controls. However, simulated instrument flight may	be conducted	in a

single---engine airplane, equipped with a single, functioning,	throw over control

wheel, in place of fixed, dual controls of the elevator and	ailerons, when (i) The

safety pilot has determined that the flight can be	conducted safely; and (ii) The

person manipulating the controls has at least a	private pilot certificate with

appropriate category and class ratings. (d) No	person may operate a civil

aircraft that is being used for a flight test for an	airline transport pilot

certificate or a class or type rating on that certificate, or	for a part 121

proficiency flight test, unless the pilot seated at the controls,	other than the

pilot being checked, is fully qualified to act as pilot in command of the aircraft".
Again, Except when necessary for takeoff or landing, no person may operate an

aircraft below the following altitudes:	(a) Anywhere.	An altitude allowing, if a

power unit fails, an emergency landing without undue hazard to persons or

property on the surface. (b) Over congested areas. Over any congested area of

a city, town, or settlement, or over any open air	assembly of persons, an

altitude of 1,000 feet above the highest obstacle	within a horizontal radius of

2,000 feet of the aircraft. (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. (d)	Helicopters, powered parachutes, and

weight---shift---control aircraft. If the	operation is conducted without hazard to

persons or property on the surface---	(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 (a) Each person

operating an aircraft shall maintain the	cruising altitude or flight level of that

aircraft, as the case may be, by	reference to an altimeter that is set, when

operating---(1) Below 18,000 feet	MSL, to---(i) The current reported altimeter

setting of a station along the route	and within 100 nautical miles of the

aircraft; (ii) If there is no station within	the area prescribed in paragraph

(a)(1)(i) of this section, the current reported	altimeter setting of an appropriate

available station; or (iii) In the case of an aircraft not equipped with a radio, the

elevation of the departure airport or an appropriate altimeter setting available

before departure; or (2) At or above 18,000 feet MSL, to 29.92" Hg. (b) The

lowest usable flight level is determined	by the atmospheric pressure in the

area of operation as shown in the following table:

DWP believes that there is inconclusive evidence that a person with a private	

pilot certificate or license can successfully maneuver or train someone to use	

an sUAS without first hand flight experience with the particular sUAS. Flying	in

3rd person orientation requires built---up experience in that form of flying	for

many years. Therefore, we believe our own flight training, pilot protocols,

sUAS	manuals and first hand experiences with the sUAS	meets and exceeds the

requirements necessary to safely operate our sUAS for the tasks we purpose.	

Also, the sUAS will be operated by a remote control, which will only require a	

single person operator and dual controls will not be necessary.

14 C.F.R. 91.119---	Minimum safe altitudes: General
DWP seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe	

altitudes. As this exemption is for a sUAS 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. As set forth herein, 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 take without the permission of the property owner

or local officials. Because of theadvance 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

the movie industry. In addition, the low---altitude operations of the sUAS will

ensure	separation between these small---	UAS operations and the operations of	

conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121---	Altimeter settings

DWP seeks exemption from 14 C.F.R. 91.121, which discusses altimeter settings	

for lowest usable flight level.

C.F.R. 91121 states,

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the	

minimum flight level, the pilot shall take the flight level equivalent of the	

minimum altitude in feet and	add the appropriate number	of	feet	specified

below,	according	to	the	current	reported	altimeter	setting:”
DWP's sUAS uses both GPS altitude and barometric sensors and relays that	

information to our ground station. However, this data is used help the sUAS

to automatically maintain position hold at the required elevation and therefore

this code is not pertinent the functionality of this sUAS.

14 C.F.R. 91.151---	Fuel requirements for flights in Visual Flight Rules

(VFR) conditions

DWP seeks exemption from 14 C.F.R. 91.151, which discusses fuel	requirements

for flight in VFR conditions. Specifically, 91.151 states "(a) 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; or (2) At night, to fly	after that for at least 45

minutes. (b) No person may begin a flight in a	rotorcraft 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,

to fly after that for at least 20 minutes".

DWP's sUAS has a typical mission time of	less than 15 minutes with maximum	

flight time of 25	minutes. Since this amount is	less than the 30 minute reserve	

minimum, this reserve minimum would not even make sense in allowing the	

sUAS a chance to fly. According to DWP's aircraft flight manual, the PIC is	

instructed to maintain flight until battery power reaches 25%, or 1st level	

warning. At this level, landing procedures will be intiated. Once the sUAS

reads 20%, 2nd level warning, the flight control system automatically take	

over and initiates safe landing sequence at the logged in takeoff point.

DWP believes that an appropriate and current airworthiness certificate would	not

be necessary to fly a sUAS given the size of the aircraft and the necessary	level

of skill needed to operate the aircraft. Before putting in to service, each	of our

sUAS goes through our own airworthiness proceedures of miminum

test flight and reliability checks. Also, our sUAS are recalibrated each at the

site location before each flight to ensure that all systems functions as designed.	DWP

seeks exemption from this regulation because we believe this rule was

not meant for a sUAS and operators.

14 C.F.R. 91.405, 91.407,	91.409, and 91.417
DWP seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 91.417,	which

discusses required aircraft maintenance, operation after maintenance,	preventive

maintenance, rebuilding, or alteration, inspections, and maintenance	records. In

DWP's aircraft factory manual, maintenance and inspection	procedures have

been established for the aircraft. DWP believes these	regulations are meant for

manned operated aircrafts and not unmanned	systems, therefore making them

unnecessary. Nevertheless, we seek an	exemption from any such specific

provisions to the extent FAA finds it	necessary to grant this request.

(d) The reasons why granting DWP's request would be in the public interest;

that is, how it would benefit the public as a whole.

DWP’s use of a sUAS can assist in making task safer and minimize human	

exposure to being at dangerous elevations. DWP's sUAS usage in the aerial	

photography	and cinematography will also reduce the time required to	

captured the needed scenes as compared to convention helicopters or	

airplanes. Ultimately, the result is quick completion of task and reduction of	

dangerous elevation perspective needs.

(e)	The	reasons why granting the exemption would not adversely affect safety,	

or how the exemption would provide a level of safety at least equal to that	

provided by the rule from which DWP seeks exemption	.	Our Engineering	

department will	provide a level of safety that exceeds the level of safety	

required by the FAA for its use on sUAS.

The	following are DWP's safety procedures, features, regulations, and operating	

specifications for our sUAS:

• Our Squadron Leader / Chief Pilot in Charge has 15 years of RC Model	

building and flight experience.

• The	Pilot In Command (PIC) and Field Operations Visual Observer (FOVO)

will be required to	be	in	communication	with	each	other	at	all	times.

• The	flight area of the sUAS will be observed for best take off and landing	

locations. Desired	conditions include: flat and level surfaces clear of debris, at	

least 15ft from power lines and structures, and a minimum distance of 12ft	

from the PIC and observers.

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PIC

and FOVO during all flights.

• Flights must take place during good weather conditions with no rain, low

laying clouds, or heavy winds. All flights will take place during daylight hours	

with no evening or late night flights.

• The PIC(s) of the sUAS will at least have 12 training hours or 24 flights

accrued before being designated working flights.

• All batteries must be charged completely before each flight and each flight

must end when the battery has a 30% power level remaining.

• A visual safety inspection will occur before each flight, testing propeller
tightness, security mount of camera/detection equipment, remote range test,	

and proper safety equipment is a	adorned to PIC and FOVO.

• The sUAS will be flown under a height of 500 ft AGL.

• No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity	

during a critical phase of flight so as to ensure that the sUAS is in a condition	

for safe flight operation and in a configuration appropriate for the purpose of	

the intended flight.

• If there is more than just an operator at a site during a flight, the PIC

operator and observer or FOVO will maintain two---way communication with	

each other during all operations; if unable to maintain two---way	

communications, or if any condition occurs that may otherwise cause the	

operation to be unsafe, the operator will immediately conclude the operation.

• If the communication link is lost, the sUAS will go into fail---safe mode and

safely descend to its designated home---point location. If the communication link	

is reconnected during fail---safe mode, control of the sUAS can be regained	

before landing occurs at the home---point location.

• There is no fuel or payload to the sUAS, therefore there will be no potential	

explosives or risk of explosion if a crash occurs with the sUAS.

• The sUAS will feature a built in compass that will be recalibrated at every

site to maintain accurate directional readings. The compass will also help in	

keeping the sUAS stable during flights.

• The aircraft runs off a Li- Po battery

(f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) 

The rule from which you seek the exemption; and (2) A brief description of 

the nature of the exemption you seek

Petitioner: David Welch Photography

Sections of 14 C.F.R. Affected: 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103;

91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405;

91.407; 91.409; and 91.417

Description of Relief Sought: Petitioner seeks relief from the requirements of

14 C.F.R. 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109;

91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405; 91.407; 91.409; and

91.417 to Cinematographic filming subject to operating procedures that meet or 

exceed those that FAA requires.

(g) Any additional information, views or arguments available to support your 

request

Please see the introduction to this exemption request.

(h) If you want to exercise the privileges of your exemption outside of the

United States, the reason why you need to do so
Possible work for hire at events outside of the United States. If such events should 

occur, we would like to use the permit for the duration of the contract of the event 

outside of the United States.

Thank you for your time in reviewing these matters.

I’ve tried my best to articulate how important this aspect of our photography and video

production activities will be and how much safety and precautions we plan to take

while pursuing these activities. Please feel free to contact me if further information is

required or if I can be of further assistance.

Thank you. 

David Welch

Owner/Operator of David Welch Photography

Squadron	Leader	/	Chief Pilot in Charge