James Bender

434 Foreland Garth

Abingdon, MD 21009

Jamie@J65Productions.com

Website: www.J65Productions.com

Dear Sir or Madame,

Please see the below exemption request pursuant to Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations. I had a previous submission and it was requested that i 

provided information on public safety. I have decided to reorganize my submission to better 

match the requirements of the exemption submission. Previous submission was FAA-2015-

2525-0001.

(B) Specific Sections of 14 CFR

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 

14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) and (2)

14 CFR 91.417(a) and (b)

(C) Extent of Relief I Seek

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

and 14 CFR Part 11, James Bender, operator of Unmanned Aircraft Systems (UAS), hereby 

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

commercial operation of designated UAS, provided such operations are conducted within and 

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

333.

Commercial operation of an UAS, as described herein, which are equipped with camera(s)

and sensors, would provide professional services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public
events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but

not limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

6. Training to persons individually or belonging to both private and/or public organizations to

increase awareness and improve safety for current and future UAS operations within the

NAS.

As described fully below, the requested exemption would permit the operation of designated

UAS as set forth in this document under controlled conditions in the NAS that would be a)

limited b) controlled c) predetermined and d) safe. Approval of this exemption would increase

public awareness of UAS operations and enhance safety to aid in fulfilling 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.”

(D) Reasons Why Granting My Request Would be in the Public Interest

Aerial photography and has been around for a long time through manned fixed wing aircraft and 

helicopters. For small budget productions the expense of such aerial photography and 

videography is cost prohibitive. Only larger companies can afford to absorb such expense. 

Manned aircraft pose a threat to the public through the potential of a catastrophic crash. My 

sUAS poses no such threat since size and lack of combustible fuel alleviates any potential threat 

to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially flown 

sUASs into the national airspace system, hence the passing of the Reform Act. Granting my

exemption request furthers the public interest through academic/visual awareness of the 

photography and videography fields throughout the Grand Rapids area. My ultra-lightweights 

UAS is battery powered and creates no emissions that can harm the environment. The 

consequence of my ultra-lightweights UAS crashing is far less than a full size helicopter or fixed 

wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation 

to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial

photography and videography captured through my battery operated ultra-lightweights UAS's. 

Permitting me to immediately fly within national air space furthers economic growth. Granting 

my exemption request substantially furthers the economic impact for the Grand Rapids area for 

companies looking to use aerial photography and videography, both of which serve as a stimulus 

to the community

(E) Reasons Why Granting the Exemption Would Not Adversely Affect Safety

Given the small size of the UAS’s involved and the restricted controlled environment within

which they will operate, the applicant fits within that zone of safety (an equivalent level of 

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

controlled areas in which the relevant UASs will operate, approval of the application presents no 
national security issue. Given the following, the grant of the requested exemptions is clearly in 

the public interest: James Bender 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 an exceptional level of safety to operations. These limitations and 

conditions to which James Bender agrees to be bound when conducting commercial operations 

under an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

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

4. Flights will be terminated at 15% battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. UAS operator will be trained and certified in the proper safety and operations of the UAS.

6. The UAS will only operate within a controlled area as defined in the Procedures.

7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and received up-to-date

information on the particular UAS to be operated as required.

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to

return to a pre-determined location within the Security Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

(F) A summary you can publish in the Federal Register

(1) The Rules From Which I Seek Exemption

14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) and (2)

14 CFR 91.417(a) and (b)

(2) A Brief Description of the Relief I Seek

Approval of exemptions allowing commercial operations of sUASs in the the media 

industry will enhance safety by reducing risk associated with conventional aircraft 
operations and other means of elevated remote sensing involving persons. The public 

benefit served by approval of this petition is increased awareness of characteristics of 

difficult imaging targets. A sUAS weighing fewer than 11 kg and powered by sealed 

batteries eliminates virtually all associated risk inherent in operating conventional 

aircraft in close proximity to buildings or persons or otherwise elevating persons to a 

position they would be able to collect needed data.The operation of small UASs, 

weighing 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.

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

is prepared to modify or amend any part of this request to satisfy the need for an equivalent

level of safety. I look forward to working with your office. Please contact me at any time if

additional information or clarifications is needed.

Sincerely,

James Bender